Bye-Laws

Particular attention is drawn to Bye-laws
No 2,6,8,9,11 and 13,17,18 inclusive.

                                                      BYE-LAWS
OF THE
BINSWOOD (Ex-Service Men)
ALLOTMENT SOCIETY LTD.

                                                      LEAMINGTON SPA

                                                                        ————————————–

Registered No. 8080 R. Warwick

                     I – GENERAL

1 Interpretation
(a) “The Committee” means the Committee of Management of the Society, elected at the Annual General Meeting, or otherwise appointed in accordance with the Registered Rules of the Society.
(b) When the circumstances so admit, the term “Allotment” shall be held to refer to any Holding or Garden rented from the Society.
(c) “The Rules” means the Registered Rules of the Society.
(d) “A Plot” is an area of land so designated by the committee, allocated to a member and includes half the width of each path of each side of the land area.

2 Powers of the Committee
The general management of the allotments shall be vested solely in the Committee. Should any matters rise which are not specially provided for in any agreement for the time being in force between the Society and a tenant, or in the rules of the Society, or these bye-laws, the Committee shall have power to deal with such matters in the best interests of all the allotment holders, and members shall be bound by their decision.

3 Sub-Committees
The Committee of Management may delegate any powers which may properly be delegated to Sub-Committees.

4 Changes of Address
Any member changing his/her address shall at once notify the Secretary in writing within three days.

II – LETTING OF LAND

5 Approved Applicants
Approved applicants shall become members of the Society. The Committee shall have the right to refuse any applicant and shall have the right to make special stipulations in regard to any tenancy.
6 No person having allotments in any other registered association shall take possession of land in this Society unless there be vacant plots and then only at the discretion of the Committee. The Committee reserves the right to immediately take away any land obtained in contravention of this Rule.
7 Membership Fees
Before taking possession of land, every tenant member shall pay the membership joining fee.

8 Sub Letting
No tenant shall sub-let his/her allotment or any part of any thereof to any other member or person.
9 Right of Entry
The Society or its accredited representatives, or their workmen acting on instructions, shall be entitled at any time to enter and inspect any allotment and to carry out any work or repairs required by the Society or Committee.

10 Conditions of Tenancy
No tenant shall, without the written consent of the Society, cut or prune any tree (except fruit trees) or take, sell or carry away any soil, mineral, gravel or clay, or plant any tree (except fruit trees or fruit bushes).

III – RENT

11 Payment of Rent
Every member shall pay his/her rent by 31st January each year. This shall be non-refundable. If rent still remains unpaid after this date, an extra charge of £5 per plot will be due and payable. If the rent still remains unpaid 28 days after this date, the Committee will assume that the tenant or tenants no longer have any interest in the allotment and may re-let the allotment without any further warning. The above rule will be strictly enforced by the elected Committee.
12. Removal of Property
No tenant in arrears with his/her rent shall be allowed to remove from his/her allotment any crops growing thereon, implements, stock or other property whatsoever. (See clause 25).

IV – MANAGEMENT OF THE GARDENS

13. Cultivation
Every member shall keep his/her allotment in a proper state of cultivation to the satisfaction of the Committee, and so kept and maintained leave it at the termination of his/her tenancy. No member shall bring on to the allotment for the purpose of disposal by burning or by any other method the loppings or prunings of trees or shrubs not grown on the allotments. (See clause 24).

14. Fruit Trees
Fruit trees or bushes must not hang over the roads or an adjoining allotment. They must be planted so that the canopy of the mature tree will be entirely contained within the tenant’s plot, excluding the paths.
15. Buildings and Wells
Members shall not put up any buildings or erections without the written consent of the Society and then only in accordance with plans which have been approved by the Committee. Wells, water holes and ponds must be securely covered so as to protect against accidents.
16. Paths, Roads and Hedges
Every member shall keep every path or road bordering his/her allotment in good repair. Paths or roads must not be obstructed. No plot shall have a fence or hedge. Where plots are adjacent to a boundary hedge, the tenant is responsible for the maintenance of the boundary hedge.
17. Nuisances
A member must not cause any nuisance or annoyance to the tenant of any other allotment or to the neighbourhood. No poultry, pigs, pigeons or other animals or birds shall be kept on the allotments. No bees shall be kept without the Committee’s written consent. Dogs are not permitted on the grounds except on a leash. No dogs are to be kept on the allotments for any purpose. Vehicles are not to be kept or garaged on any parts of the allotments. For any breach of this rule the tenant will get notice to quit his allotment. This rule will be strictly enforced by the Committee.
18. Encroachment, Trespass and Damage
No encroachment or trespass shall be made by any tenant on his/her neighbour’s allotment and no damage shall be done by any tenant to the property, or to the cropping on any of the allotments. Any damage done either by a member or person accompanying him/her shall be assessed by the Committee and the offender shall pay such sum to the tenant who has suffered the damage or to the Society as the Committee may determine. The Committee shall have the right to refuse admission to any person other than a tenant of the Society.
19. Tenants Unable to Work
The Committee may arrange for the care of the allotment of any member who, through ill health or other cause, is unable to work it, or may arrange to re-let the plot.
20. Surplus Land
Any surplus land not required for allotments may be cultivated by the Committee for the benefit of the Society.

V – TERMINATION OF TENANCY

21. Notice
The Society or the tenant may at any time determine the tenancy by giving one calendar month’s written notice.
22. Changes of Tenancy
The Committee may agree to relieve any tenant who desires to give up his/her allotment at a shorter notice than required in the preceding bye-law, if there is another approved applicant available who is willing to take over the allotment.
23. Determination of Society’s Tenancy
The Society may determine the tenancy of any allotment without notice if it shall, at any time, without previous notice, be required by any superior landlord to give up possession of the land of which such allotment forms a part.
24. Determination of Tenancies by the Society
The Society shall have the right to re-enter and take possession of the allotment and to terminate the tenancy of any tenant who does not keep his/her allotment cultivated to the satisfaction of the Committee, and to re-let the allotment.
25. Removal of Property
Upon the termination or notice of termination of the tenancy of any allotment, 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 twenty eight days of such termination or notice of termination. He or she shall also make good any defect to the allotment caused by such removal. In case of default by the tenant, the Society may remove such crops, trees, bushes, buildings, stock or other property and charge the resulting expenses to the tenant.

VI – COMPENSATION

26. Subject to clause 25, the ingoing and outgoing tenant should agree the compensation (if any) for transfer of the outgoing tenant’s property.
27. The allotment is not to be considered to be let or treated as a market garden within the meaning of the Agricultural Holdings Act 1908.

VII – OFFENCES, DISPUTES ETC

28. Offences
In the case of any member who fails to comply with these bye-laws, the Committee may take such action as they deem necessary to deal with the situation. An appeal from the decision of the Committee may be granted upon written application and signed by not less than ten members.
29. Disputes
Cases of dispute between two or more members shall be referred to the Committee whose decision shall be final.
30. Amendment of Bye-Laws
No amendment of these Bye-laws shall take effect until it has been sanctioned by a General meeting of the members. Due notice of the proposed amendment shall be given in the notice convening the meeting.

Dated: September 2013