
CONSTITUTION FOR THE
ROTHIEMURCHUS AND GLENMORE COMMUNITY ASSOCIATION
1. NAME
The Association shall be known as the Rothiemurchus and Glenmore Community Association (hereinafter referred to as “the Association”). The Association’s boundaries will be those of Rothiemurchus Estate and Glenmore Forest Park (as per the attached map).
2. PURPOSE and OBJECTS
The Purpose of the Association is ‘to form a cohesive body to represent the Rothiemurchus and Glenmore community’s present and future interest and well-being’. The Association’s objects are:
1. To act as a channel for receiving information from statutory bodies and other relevant agencies, and to disseminate such information to members of the Association.
2. To collect members' comments and informed responses in order to present the varied views of the community to appropriate bodies.
3. To identify specific issues for community involvement.
4. To initiate and undertake collaborative community projects.
The said purpose and objects are hereinafter referred to as “the objects”.
3. POWERS
In furtherance of the objects, the Association may:-
(1) Employ and pay any person or persons to supervise, organise and carry on the work of the Association;
(2) make all reasonable and necessary provision for the payment of pensions and superannuation to or on behalf of employees and their widows and other dependants;
(3) engage and pay fees to professional and technical advisers/consultants to assist in the work of the Association:
(4) bring together in conference and work in liaison with representatives of voluntary organisations, Government departments, local and other statutory authorities and individuals:
(5) take out membership of such organisations as are considered to be in the interests of and compatible with the objects of the Association;
(6) promote and carry out or assist in promoting and carrying out research, surveys and investigations and where considered appropriate publish the results;
(7) arrange and provide for or join in arranging and providing for the holding of exhibitions, meetings, lectures, classes, seminars and training courses:
(8) collect and disseminate information on all matters affecting the objects and exchange such information with other bodies having similar objects whether in this country or overseas:
(9) cause to be written and printed or otherwise reproduced and circulated, free of charge or for payment, such papers, books, periodicals, pamphlets or other documents or films or recorded tapes (whether audio or visual or both) as shall further the objects:
(10) purchase, take on lease or exchange, hire or otherwise acquire any property and any rights and privileges necessary for the promotion of the said objects and construct, maintain and alter any buildings necessary for the work of the Association;
(11) make regulations for the management of any property which may be so acquired;
(12) subject to such consents as may be required by law, sell, let, mortgage, dispose of or turn to account all or any of the property or assets of the Association;
(13) subject to such consents as may be required by law, borrow or raise money for the objects and accept gifts on such terms and on such security as shall be deemed to be necessary;
(14) raise funds and invite and receive contributions from any person or persons whatsoever by way of subscription and otherwise provided that the Association shall not undertake permanent trading activities in raising funds for the said objects except by means of a company established for that purpose;
(15) invest the moneys of the Association not immediately required for the said objects in or upon such investments, securities or property as may be thought fit, subject nevertheless to such conditions (if any) as may for the time being be imposed or required by law; and
(16) do all such other lawful things as are necessary for the attainment of the objects.
4 MEMBERSHIP
(1) Full membership of the Association shall be open to: -
(i) Individuals of 18 years and over and their immediate families, who live within the Association boundaries and or work on a permanent or regular seasonal basis and who are interested in furthering the work of the Association and who have paid the annual subscription as determined by the Association and
(ii) Local, voluntary statutory and other organisations operating within the Association boundaries, who in the opinion of the management committee are interested in furthering the said work and have paid the annual subscription.
(2) Associate Membership (Non Voting) of the Association shall be open to individuals of 18 years and over and their families, who are homeowners within the Association boundaries but due to partial occupancy, do not pay the full Council Tax on the property.
(3) Each member organisation shall appoint one individual person to represent it and vote on its behalf at general meetings of the Association. In the event of such individual person(s) resigning or otherwise leaving an organisation, he/she/they shall forthwith cease to be a representative(s) thereof.
(4) Each member organisation may appoint a deputy to replace (any of) its appointed representative(s) if the latter is unable to attend any particular meeting of the Association, and observers (who shall not be entitled to vote) to attend any such meeting.
(5) Junior membership shall be open to those under the age of 18 years who are interested in furthering the work of the Association. Junior members shall not be entitled to vote.
(6) Honorary members may be elected at the discretion of the management committee but these members shall not be entitled to vote at general meetings.
(7) The management committee shall have the right for good and sufficient reason to terminate the membership of any individual or organisation provided that the individual member concerned or the individual representing such organisation (as the case may be) shall have the right to be heard by the management committee before a final decision is made.
5 HONORARY OFFICERS
(1) At the annual general meeting, the Association shall elect a convenor, a vice-convenor, a secretary and a treasurer and such other honorary officers, as the Association shall from time to time decide.
(2) The convenor and the other honorary officers of the Association shall hold office until the conclusion of the annual general meeting of the Association next after their election but shall be eligible for re-election provided that no honorary officer shall hold office for more than 3 consecutive years. On the expiration of such period, 1 further year must elapse before any former honorary officer shall be eligible for re-election to the post from which he or she has demitted office.
(3) The convenor and other honorary officers shall be ex-officio members of the management committee and of any other committee.
(4) The Association shall appoint a suitable qualified person to certify the accounts.
6 MANAGEMENT COMMITTEE
(1) Subject as hereinafter mentioned the policy and management of the affairs of the Association shall be directed by a management committee which shall meet not less than 4 times a year and shall consist of not less than 5 or more than 10 members.
(2) The members of the management committee shall be elected at the annual general meeting of the Association in accordance with clause 7 hereof.
(3) Election to the management committee shall be for three years. One third of the membership (with the exception of ex-officio members) elected and appointed in accordance with paragraph 4(2) and 4(3) hereof) shall retire annually, the members so to retire being those who have been longest in office since the last election. Retiring members will be eligible for re-election.
(4) In addition to the members so elected and to those serving by virtue of clause 4(3) hereof the management committee may co-opt up to 3 further members being full members of the Association whether individual or representative or a combination of both who, after co-option, shall serve until the conclusion of the next annual general meeting provided that the number of co-opted members shall not exceed one-third of the total membership of the management committee at the time of co-option. Co-opted members shall be entitled to vote at meetings of the committee.
(5) Any casual vacancy on the management committee may be filled by the committee and any person appointed to fill such a casual vacancy shall hold office until the conclusion of the next annual general meeting of the Association and shall be eligible for election at that meeting.
(6) The proceedings of the management committee shall not be invalidated by any failure to elect or any defect in the election, appointment, co-option or qualification of any member.
(7) The management committee shall appoint and fix the remuneration of a secretary (where an honorary secretary is not elected) and of all such other staff as may in their opinion be necessary. Paid staff including a secretary where so employed, shall not be members of the management committee.
(8) The management committee may appoint such special or standing committees or sub-committees as may be considered necessary and shall determine their terms of reference, powers, duration and composition. All acts and proceedings of such special or standing committees or sub-committees shall be reported back to the management committee as soon as possible.
7. MEETINGS OF THE ASSOCIATION
(1) The first general meeting of the Association shall be held not later than 29th March 2000 and once in each year thereafter an annual general meeting of the Association shall be held at such time (not being more than 15 months after the holding of the preceding annual general meeting) and at such place as the management committee shall determine. At least 21 clear days’ notice of the meeting shall be given in writing by the secretary to each member. At such annual general meeting the business shall include the consideration of the annual report of the work done by or under the auspices of the management committee, the approval of the audited accounts, the election of honorary officers, the election of members to serve on the management committee, the appointment of a suitably qualified person to certify the accounts, motions submitted by the management committee or by members and the transaction of such other matters as may from time to time be necessary.
(2) The convenor of the management committee may at any time at his/her discretion call a special general meeting of the Association. The secretary shall call a special general meeting of the Association within 21 days of receiving a written request so to do signed by not less than 8 full members whether individual or representative and giving reasons for the request.
8. NOMINATIONS OF HONORARY OFFICERS AND MANAGEMENT COMMITTEE MEMBERS
Only full members of the Association whether individual or representative shall be eligible to serve as honorary officers or members of the management committee. Nominations for honorary officers or members of the management committee must be made by full members of the Association in writing and must be in the hands of the secretary at least 7 days before the annual general meeting. Should nominations exceed vacancies, election shall be by ballot.
9. RULES OF PROCEDURE AT ALL MEETINGS
(1) Quorum The quorum at a meeting of the Association or of the management committee or any committee appointed under paragraph 6(8) hereof shall be one-third of the total actual membership of the Association for the time being, the management committee or committee (as the case may be) or such other number, as the Association may in general meeting from time to time determine.
(2) Voting Unless it is otherwise specified in this constitution, all questions arising at any meeting shall be decided by a simple majority of those present and entitled to vote. Arrangements for proxy voting may from time to time be made by the management committee provided that no such arrangements shall be made with regard to paragraphs 12 and 13. No person shall exercise more that one vote even if he or she may have been appointed to represent two or more interests, but in case of an equality of votes the person taking the Chair at the meeting shall have a second or casting vote.
(3) Minutes The minutes of meetings of the Association, the management committee and committee, and sub-committees referred to in paragraph 6(8) shall contain a record of all proceedings, resolutions and decisions.
10. FINANCE
(1) All moneys raised by or on behalf of the Association shall be applied to further the objects of the Association and for no other purpose provided that nothing herein contained shall prevent the payment in good faith of reasonable and proper remuneration to any employee of the Association and fees to professional and technical advisers or the repayment to members of the management committee or of any committee or sub-committee appointed under paragraph 6(8) hereof of reasonable out-of-pocket expenses.
(2) The honorary treasurer shall keep proper accounts of the finances of the Association.
(3) The accounts shall be certified at least once a year by a suitably qualified person appointed at the annual general meeting.
(4) A certified statement of the accounts for the last financial year shall be submitted by the management committee to the annual general meeting.
(5) A bank account shall be opened in the name of the Association with a bank or building society as the management committee shall from time to time decide. The management committee shall authorise in writing four members of the management committee one of whom shall be the treasurer to sign cheques on behalf of the Association. All cheques must be signed by not less than two of the four authorised signatories.
11. PROPERTY
The title to all property, heritable and moveable, which may be acquired by or on
behalf of the Association shall be vested in the names of the convenor, vice-convenor
(where appointed), the secretary and the treasurer for the time being ex-officios or in
the names of trustees of a trust established for that purpose.
12. ALTERATIONS TO THE CONSTITUTION
Any alterations of this constitution shall receive the assent of not less than two-thirds of the members of the Association present and voting at a general meeting whether annual or special provided that notice of any such alteration shall have been received by the secretary in writing not less than 21 clear days before the meeting at which the alteration is to be proposed. Notice in writing of such a meeting, setting forth the terms of the alteration, shall be sent by the secretary to each member of the Association provided that no alteration shall be made which would have the effect of causing the Association to cease to be recognised by the Inland Revenue as a charity.
13. DISSOLUTION
If the management committee by a simple majority decide at any time that on the ground of expense or otherwise it is necessary or advisable to dissolve the Association it shall call a special general meeting of the Association, of which meeting not less than 21 days notice (stating the terms of the resolution to be proposed thereat) shall be given. If such decision shall be confirmed by a two-thirds majority of those present and entitled to vote at such meeting, the management committee shall have the power to dispose of any assets held by or on behalf of the Association. Any assets remaining after the satisfaction of any proper debts and liabilities shall be given or transferred to such other charitable organisation or organisations having objects similar to the objects of the Association, as the committee may determine.