LRA Constitution

Constitution for Lochview Residents’ Association

Date Adopted: 23 May 2023

1. Name of Association

The name of the association is ‘Lochview Residents’ Association’, abbreviated to ‘LRA’.

2. Objectives of LRA

a)      To appoint a person or company to maintain the communal grassed areas and undertake ad hoc maintenance where required – at a price acceptable to the contributing members of LRA

b)      To safeguard and promote the interests of the residents of the estate on matters concerning the environment, social and community of the Lochview estate (‘the estate’).

3. Conditions of Membership and Annual Subscription

a) Membership is a mandatory requirement for all who have a clear residential or ownership interest in the estate.

b) Membership is on a household-by-household basis.  Where tenanted, it is for the property owner and tenant to agree on who pays the annual fees, but ultimate responsibility lies with the property owner. Absent owners should provide the LRA Treasurer with up-to-date contact details to receive annual reminders and ensure timely payments.

c) ) Fees are collected between May and July each year for the subsequent 12 months. As at May 2022, the annual subscription is £90, discounted to £55 if paid within the designated collection months. This fee is reviewed annually. Non-payers will be liable for the non-discounted fee until arrears are cleared. The committee will actively pursue non-payers through appointed lawyers.

d) Each member is entitled to cast one vote at AGMs and other meetings.

4. Annual General Meeting (AGM)

a) The AGM is held ten to fourteen months after the previous AGM.

b) The Annual Report is presented, and Office Bearers and Committee Members are elected at each AGM.

c) At least seven days’ notice of an AGM must be given in writing (including email) to members.

d) The quorum for an AGM is ten members, including committee members.

e) In the event of an even vote, the Chairperson has the casting vote.

5. Extraordinary General Meeting (EGM)

a) The Committee may decide to convene an EGM to discuss important matters.

b) On receipt by the Secretary of a written request signed by ten or more members, the

Committee must convene an EGM within 21 days to discuss the matters specified in the request.

c) At least seven days’ notice of any EGM must be given in writing (including email) to members.

d) The quorum for an EGM is ten members, including committee members.

e) In the event of an even vote, the Chairperson has the casting vote.

6. Committee and Office Bearers

a) LRA is directed by a committee of between five and eight members, including four elected Street Representatives.

b) The committee is elected annually at the AGM, for a period of one year, to be extended as necessary in the event of a delay in the arranging of the AGM.  In the absence of a an AGM

c) The Office Bearers are Chairperson, Secretary and Treasurer.

7. Co-opted Committee Members

a) The committee may, at any time during the year, co-opt up to four additional persons to enable the committee to carry out the Objectives of LRA.  The Street representatives are co-opted.

b) Co-opted persons do not have a vote on the committee.

8. Committee Nominations and Elections

a) Only members of LRA are eligible for nomination to the committee.

b) Nominations for election to the committee can be in made in person at the AGM or in writing and submitted in advance of the AGM.  Each nomination must be supported by at least two members, with the verbal or written consent of the nominee.

c) A ballot is held if there is more than one nominee for an Office Bearer position, or more than five nominees for election as Ordinary Committee Members. In practice the ballot will be held at the meeting by a show of hands. In practice, the ballot will be held at the meeting by show of hands.

d) The outcome of any ballot is decided on the basis of a simple majority.

9. Committee meetings, quorum and voting

a) Committee meetings are held at least once every three months.

b) The quorum for the committee consists of three members.

c) In the event of an even vote, the Chairperson has the casting vote.

10. Powers and Aims of the Committee

a) To carry out activities in relation to the maintenance and improvement of ’the estate’ and its environment

b) To deal with all matters of membership, except alteration of the annual subscription, which, being written into the constitution, can only be decided at an AGM or EGM.

c) To arrange a programme of activities on behalf of LRA.

d) To oversee the regular maintenance and cleanliness of ‘the estate’.

e) To make applications for financial and other assistance in pursuance of the Objectives of LRA.

f) To liaise with officers and elected members of Glasgow City Council and any other relevant organisations, on behalf of LRA.

g) To take other appropriate lawful action to promote the Objectives of LRA.

h) To carry out other functions as agreed upon at a general meeting of members.

11. Notification of Matters Requiring Investigation

a) Environmental or other matters relating to ‘the estate’ which require investigation must be notified, preferably in writing* to the Secretary and/or raised under a pre-notified item on the agenda or under any other business at the next AGM.

b) In an emergency, the Chairperson may call a meeting of the committee.

12. Financial Arrangements

a) All proper expenses relevant to LRA’s administration and management are paid out of the membership subscriptions and other monies received by LRA.

b) A current bank account and any other relevant bank accounts with a UK national bank are operated by the Treasurer on behalf of LRA, in full compliance with bank regulations for such accounts.

c) The financial year for LRA ends on 31 March of each year.

d) All payments made by LRA must be approved by two Office Bearers or, in an emergency situation, when only one Office Bearer is available, a named committee member may also sign to authorise payments.

13. Committee expenses

e)  Reasonable expenses for any activities undertaken by committee members may only be claimed if agreed in advance with two Office Bearers and, wherever possible, upon submission of receipts.

14. Association Records and Data Protection

a) Proper records of accounts and all official correspondence are maintained by the appropriate Office Bearers and are open to inspection by any member at any reasonable time and with reasonable notice.

b) Membership records are held by LRA under current GDPR regulations.

15. Communication with Members

a) All communication with members must be relevant to the Objectives of LRA.

b) Communications must not include business or commercial advertising or any notices that do not promote the Objectives of LRA.

16. Liability and Insurance

a) Any activities of LRA which may create a potential liability, must have an appropriate risk  assessment carried out and, where relevant, be covered by an appropriate insurance policy.

c) Members of LRA and others, when carrying out voluntary work on behalf on

LRA, are required to observe appropriate Health and Safety measures at all times, for the protection of themselves and others.

17. Child Protection

a) If group activities are to involve children, a Child Protection Policy will be applied.

b) A committee member will be appointed to take responsibility for its implementation.

18. Equality

a) All association members, individuals, organisations or other bodies who have dealings with LRA are dealt with fairly, equally and lawfully, irrespective of their gender, race, ethnicity, disability, age, religion, belief, marital status or social class.

19. Complaints

a) Complaints concerning the operation of LRA itself, its committee or its activities, must be made in writing (including email) to the Secretary.

b) Where possible, and if acceptable to those involved, complaints are dealt with verbally and informally.  Otherwise, the response is given in writing (including email).

c) LRA aims to respond to all complaints within fourteen days, or in as short a time as it takes to ameliorate the cause of the complaint.

20. Amendments to the constitution

a) This Constitution may be amended by a two-thirds majority of members present at an Annual or Extraordinary General Meeting, provided that proposed amendments have been circulated to all members at least seven days in advance of the meeting.

20.  Dissolution of the association

a)      The LRA may only be dissolved:

a.       at an EGM called for that purpose – and if agreed by two-thirds of the members present at the EGM; or

b.      at an AGM where at least five committee members cannot be elected.  At least seven days’ notice must be given to all members when calling such meetings.

b)      The outgoing committee must make arrangements for a factor to take over the running of the estate

c)       Upon dissolution, all funds and documents relating to LRA shall be disposed of in accordance with the wishes of the meeting.

Signed:

Tom Kelly

Chairperson (Tom Kelly):          Date: 23 May 2023

Signed:

John Duffy

Secretary (John Duffy):        Date: 23 May 2023