KAS Constitutiton, Rules & Regulations
Knapmill Allotments Society
A self-managed Lewisham Allotment site associated with the Lewisham Self-managed Allotments Society
Aims & Objectives
1. To promote the interests of all members in their gardening activities, including co-operating with other gardening associations in matters of mutual interest.
2. To conduct negotiations with the local authority on all matters relating to the allotments.
3. To take action to protect members and their plots against damage, trespass and theft.
4. To secure the site from vandals, dog fouling and other anti-social activities.
Part 1 -Constitution
1.1 Interpretation
1.1.1 “Society” means The Knapmill Allotments Society (KAS).
1.1.2 "Committee" means the Committee of Management.
1.1.3 “Site Manager” means the person nominated to represent the Committee in the day to day supervision of the allotment site.
1.1.4 “Landlord” means The London Borough of Lewisham”.
1.1.5 “Allotment" and “Plot” mean any plot rented from the Society.
1.1.6 The term “Communal” means areas on the allotment site other than plots which are made available for use by all Members of KAS.
1.1.7 A “Tenant” is also a “Member” of KAS.
1.2 Constitution
1.2.1 The Management Committee shall comprise of a minimum of four officers: a Chairperson, a Secretary, a Site Manager, a Treasurer and up to five other tenants.
1.2.2. Voting rights are set at one vote per plot per voting issue.
1.2.3. Elections – The Chairperson, Treasurer, Secretary, Site Manager and up to five other Committee Members shall be elected for a period of one year at the Annual General Meeting (AGM) by tenants. (NB: Such Officers and Committee Members shall not be employed nor recompensed in any way by the Landlord for carrying out Society duties nor shall they be in receipt of honorariums from Society funds.)
1.2.4 Committee members reaching the end of their term of office shall be eligible for re-election through a closed ballot.
1.3. Powers of the Committee
1.3.1 The Committee is responsible for the general management of the allotment site and plots.
1.3.2 The Committee has the right to use any land it considers unsuitable for letting for communal purposes.
1.3.3 Should any matters arise which are not specifically provided for in any agreement between the Society and a tenant, or in the Rules and Regulations of the Society, the Committee shall have power to deal with such matters in the best interests of all tenants, and tenants shall be bound by its decision.
1.3.4 The Committee may co-opt new Committee members during the financial year, as needed, to carry out the business of the Society. The status of such members will be confirmed at the next AGM.
1.3.5 The Committee has the right to terminate any tenancy where just cause and identifiable reason can be shown for such action.
1.3.6 The Committee has the right to levy charges, at a rate of no more than 10%, against each plot rental, in order to raise funds for communal projects if such projects are voted for by the majority of tenants at the AGM or at any other meeting of the membership.
1.4. Sub-Groups
1.4.1 In the interest of the Society, the Committee may set up and delegate operational powers to various Sub -Groups.
1.5. Society Meetings
1.5.1 The AGM shall be held in the first half of March or at such time as the Committee or a General Meeting shall decide.
1.5.2 Ten members shall form a quorum.
1.5.3 The Treasurer and Secretary shall present their reports for the past year at the AGM.
1.5.4 A minimum of ten Tenants may request a Special General Meeting. Such request must be in writing and addressed to the Secretary.
1.5.5 No political or sectarian issues shall be raised at any Society Meeting.
1.5.6 The Committee shall arrange regular meetings of all Committee members.
1.6. Finance
1.6.1 Bank Account – The Committee shall maintain a bank account in the name of the Society and all monies received from any source which are payable to the Society shall be paid into that account.
1.6.2 Cheques shall be signed by two of the three authorised signatories ie the Site Manager, the Treasurer and the Secretary.
1.6.3 The Committee shall pay a percentage of rents collected to Lewisham Council as determined by that Council.
1.6.4 The Committee shall use the remaining percentage of rents, any funds raised by a levy of charges and any funds donated to the Society to purchase site insurance annually, pay the water rates and to meet expenses incurred maintaining non-plot areas of the allotments site, generally improving the allotments site and providing services for the benefit of all tenants.
1.6.5 Financial donations to the Society by tenants will be gratefully accepted with the proviso that such donations will not give the donor any additional rights above any other tenant.
1.6.6 The accounts shall be independently examined at least once a year by an external examiner agreed by the Society.
N.B. The regulations which follow are supplementary to the rules laid down by Lewisham Council and have been devised specifically with regards to the aims and objectives of the Knapmill Allotments Society
Part 2 – Rules and Regulations
2.1 Letting of Plots and Tenancy Terminations
2.1.2 As from 1st April 2008, plots may be let only to residents of the London Borough of Lewisham. The rights of those current tenants living outside of the London Borough of Lewisham are preserved.
2.1.3 While all allotment tenancy referrals must come via LBL, the final agreement to allocate plots will be the sole responsibility of the Committee.
2.1.4 The Committee shall have the right to make special stipulations in regard to the letting of a tenancy.
2.1.5 As from 1st April 2008 successful applicants may rent only one plot up to but no more than 5-rods. The rights of tenants who rented more than one plot before that date is preserved until such time as they resign their tenancies or they breach any of the Rules and Regulations.
2.1.6 Before taking possession of land every tenant shall be given a copy of these Rules and Regulations. The new tenant will be required to register a signed receipt for this document.
2.1.7 The act of paying rent to the Society is deemed by the Committee to mean that the tenant agrees to abide by all the Rules and Regulations and any decisions of the Committee.
2.1.8 The Committee, having reasonable cause, shall have the right to refuse admission to the allotments site any person other than a tenant of the Society unless accompanied by the tenant.
2.1.9 No plot will be let to any persons below the age of 18 years of age.
2.1.10 New tenants will be issued with a gate key for which a deposit will be charged. This key must be returned on termination of the tenancy when the deposit will be refunded.
Notice to end a tenancy by a Tenant
2.1.11 The tenant may, at any time, end the tenancy by written notice to the Secretary.
The Termination of Tenancies by the Landlord
2.1.12 The Society may be required by the Landlord to end the tenancy of any tenant without notice if the Landlord requires the whole or any part of the Allotments site.
The Termination of Tenancies by the Committee
2.1.13 The Committee has the right to take any appropriate action it deems necessary against any tenant failing to comply with the Rules and Regulations. Such action will take the form of a verbal warning in the first instance. If the tenant still fails to comply a maximum of two written warning letters will be issued and the tenant will also be invited to discuss the situation. Continued failure to comply will result in the tenant being served with a letter giving 28 days final notice before action is taken by the Committee to terminate the tenancy.
2.1.14 Some offences are considered very serious offences and will result in an immediate termination of tenancy. Such offences include: taking anything from another tenant’s plot without that tenant’s permission, taking anything belonging to the Society from the allotments site without the Committee’s permission, bringing any rubbish onto the allotments site for the purposes of dumping, wilfully damaging any property of other tenants and the Society and deliberately endangering the health and safety of anyone who happens to be on the allotments site.
Removal of Tenant’s Property
2.1.15 Upon the ending of the tenancy the tenant shall, if required to do so by the Committee, remove from the allotment all growing crops, fruit trees, bushes, buildings, stock and other property of any kind within 28 days of the notice to terminate the tenancy and shall make good any damage to the plot or to the allotment site caused by such removal.
2.1.16 In the case of a tenant not complying with this requirement the Committee has the right to remove and dispose of as it sees fit such crops, trees, bushes, buildings or other property and charge the expenses of this action to the tenant, who shall upon demand pay to the Society those expenses.
2.2 Sub-letting and use of plots by non-tenants
2.2.1 No tenant may sub-let their plot, or any part thereof, nor permit another tenant or any other person to use the plot for that person’s benefit.
2.3 Rent
2.3.1 The deadline for the payment of rent is 1st April.
2.3.2 Rents are set by the Landlord in conjunction with the Lewisham Self-managed Allotments Council.
2.3.3 The Landlord permits reduced rents in certain circumstances. Tenants will be advised by the Society of reduced rents as and when it is informed by the Landlord.
2.3.4 Payment of rent for new applicants is due immediately they take possession of a plot and annually after that. However payment of rents are waived for plots let during the period 30 September to 31 March as the growing season is considered ended.
2.3.5 Payment of rent must be paid in full. Part payments are not acceptable.
2.3.6 Tenants making their payment by cheque must write their name and plot number on the back of the cheque so that payments can be easily identified by the Treasurer.
2.3.7 Tenants paying in cash should enclose the payment in a sealed envelope with their name, address and plot number and the payment amount written on the envelope. Receipts for cash payments will be given by the Treasurer.
2.3.8 It is not possible to accept payment of rent by credit or debit card.
2.3.9 Rents are non-refundable.
2.4 Right of Inspection of a Plot
2.4.1 The named Site Manager, as the Committee’s representative, has the right, with due courtesy when addressing tenants, at any time, to inspect any plot to ensure rules and regulations are being applied and to instruct tenants to carry out any remedial work required accordingly.
2.4.2 In signing their tenancy agreement members of the Society agree to recognise the Site Manager as the Committee’s representative and to treat the nominated individual with due consideration during inspections and discussions concerning the site.
2.5 Rules of Tenancy
2.5.1 Every tenant is required to cultivate their plot on a regular basis. If tenants find themselves unable to do so, they should inform the Committee which may be able to arrange for simple maintenance.
2.5.2 Tenants are required to maintain paths surrounding their plots. These must be straight and level and a minimum of 18 inches (450 cms) wide. Ideally they should not be greater than 18 inches (450 cms) wide to permit maximum growing area.
2.5.3 Tenants must not permit any plant growth, plant supports or markers to encroach onto or over boundary paths. This does not include non-boundary paths which tenants may have created on their plots.
2.5.4 Tenants must ensure that any shed, greenhouse, cold frame, plant supports etc are maintained to ensure that the health and safety of anyone on the allotments site is not compromised.
2.5.5 Existing tenants currently renting two plots must maintain a boundary path between their two plots if such plots adjoin.
2.5.6 No tenant shall remove anything from another tenant’s plot without permission. To avoid misunderstandings, when a tenant is granted permission to either harvest or remove something from another tenant’s plot the terms (such as what, how much and for what period of time) shall be registered in the permission book which will be kept in the communal shed.
2.5.7 No tenant may remove from the allotments site any soil from their plots nor from any other part of the allotments site.
2.5.8 No tenant may remove from the allotments site any equipment belonging to the Society without the Committee’s permission.
2.5.9 No tenant may be permitted to bring any form of rubbish onto the site for any form of disposal other than composting.
2.5.10 Tenants may bring materials suitable for composting onto the site to compost on their own plots.
2.5.11 Tenants must not dump rubbish on any other tenant’s plot nor on any part of the communal areas.
2.5.12 Any tenant who has rubbish, which is not capable of being properly composted or burned should retain said rubbish on their plot until such time as they can suitably dispose of it. To keep rubbish disposal costs to a minimum, it would be appreciated if tenants would remove rubbish from their plot for disposal in their domestic waste collection systems or community refuse disposal points.
2.5.13 Tenants using radios should ensure that the volume is such that it does not cause nuisance to other tenants or surrounding residents.
2.5.14 Tenants bringing visitors onto the allotments site are responsible for them at all times.
2.5.15 Tenants with younger children are very welcome and encouraged to bring them onto their plots but they must be responsible for their supervision at all times.
2.5.16 Pets brought onto the allotment site by tenants must be supervised at all times and not be permitted to run about the site or foul any other tenant’s plot or any path.
2.5.17 Tenants who cycle on the allotment site do so at their own risk.
2.5.18 Tenants must respect communal areas provided by the Society and not leave rubbish in communal buildings nor around them.
2.5.19 Tenants must ensure that their cultivation and use of their plots does not put any other person at risk.
2.5.20 Tenants are not permitted to drive any form of motorcycle on the allotments site.
2.5.21 Tenants using vehicles to deliver items onto the site must not drive them beyond the immediate area of the entrance gates.
2.5.22 Tenants must ensure that the entrance gates are kept locked at all times.
2.5.23 Tenants are responsible for displaying their plot number in such a way that it can be easily read by the Site Manager and Inspectors from Lewisham Council.
2.6 Japanese Knotweed
2.6.1 Japanese Knotweed is a recognised nationally as an invasive weed that is costing significant amounts of public money to control. As far as our site is concerned, tenants should report any growth to the Management Committee which will instigated a control programme to eradicate it from the site. It must never be put in compost systems. Photographs of Japanese Knotweed are displayed in the Communal Shed to assist tenants to positively identify it.
2.7 Procedures for Dealing with Offences and Disputes etc alleged by other Tenants
2.7.1 In the case of any tenant being formally charged by any another tenant with an offence against these Rules and Regulations such charge must be sent to the Secretary in writing. Anonymous charges will not be considered.
2.7.2 The Secretary will arrange for a meeting of the Committee to be held to consider the allegation and decide on appropriate action.
2.7.3 The tenant who is the subject of an allegation has the right to appeal against the Committee’s decision by submitting a written appeal to the Secretary together with the written support of not less than 10 tenants. The appeal will be discussed and voted on at the AGM or at a special meeting of all tenants.
2.7.4 In instances of dispute not clearly covered by these Rules and Regulations between two or more tenants the case shall be considered by the Committee. The Committee’s decision shall be final.
Part 3 – Amendment of Rules and Regulations
3.1 Amendments and additions to these Rules and Regulations shall not take effect until they have been discussed and approved by a General Meeting of Members.
Knapmill Road Allotments Society
Management Committee
Sunday September 27 2009
