Constitution

Naming

  • The Association shall be called Wheatsheaf Works Residents’ Association (‘the Association’)

Boundaries

The Association covers the following area/blocks/numbers/addresses of Wheatsheaf Works, Leicester:

  • Numbers 14,16,18,20,22,24,26,28,30 Wheatsheaf Way
  • Numbers 1,3,5,7,9,11,13,15,17,19,21,23 Cowper Street
  • Numbers 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19,20,21,22,23,24 Wheatsheaf Court

Objects

  • The objects of the Association are:
    • to represent the leaseholders on matters of common interest;
    • to consult with the lessor and/or its managing agent;
    • to preserve and improve, where required, the amenities enjoyed by leaseholders;
    • for the purpose of aforesaid, to employ solicitors, counsel, surveyors, engineers, accountants and other professional or qualified persons to advise the Association;
    • to do such other things, ancillary to the preceding objects, as may seem desirable to the Association.

Members

  • Any leaseholder may upon application become a full member. Only one vote per flat/house will be given in the case of joint leaseholders. A company that is a leaseholder of a flat/house shall be eligible for membership.
  • The committee may admit any other person as an honorary member.
  • In the rules the word “Member” shall, unless the context otherwise requires, mean a full member. Honorary members shall have neither rights nor obligations, except they shall have the right to attend and speak (but not vote) at any general meeting of the association.

Committee

  • The committee shall consist of not less than 2 members who shall be elected by remaining members of the Association. At each annual general meeting (AGM) all committee members shall resign but shall be deemed to be re-elected (if willing to act) in absence of other nominees.
  • Unless the chairperson otherwise decides, no person shall be nominated for membership of the committee unless at least 7 days prior to the annual general meeting, written notice of such nominations shall be given to the secretary, save that existing members of the committee shall be deemed to be duly nominated.

Officers

  • The committee shall elect a chairperson (who shall be chairperson of the Association and remain such until a new one shall be elected) and shall appoint a vice chairperson.
  • The vice chairperson shall keep and make available for inspection whenever requested to do so by a member:
    • A record of the business transacted at the AGM.
    • Copies of all written and notes of all oral communications with the landlord and/or agent and any replies received.
  • The Association in general meeting shall appoint two members (not being members of the committee) to act as auditors.

Meetings

  • An AGM shall be held each year in the month of March and 14 days’ notice of it shall be given to every member at his/her flat/house. A report shall be given at the AGM by the chairman indicating the Association’s work over the past year.
  • Special general meetings shall be called on the requirement of the committee or of at least 10% of members. At least 2 days’ notice in writing thereof shall be given to every member aforesaid. The notice shall indicate in general terms the principle business to be considered at the meeting.
  • At the AGM of the Association, or at any special general meeting, 10% of the membership shall constitute a quorum, and if not present, the meeting shall be adjourned to another day when members present shall form a quorum.
  • Seven days’ notice in writing must be given to the secretary of any resolution to be moved at the general meeting unless such resolution is admitted by the chair at the meeting.
  • A notice containing all resolutions and nominations to be moved, with the names of those proposing and seconding each resolution or nomination, shall be kept by the secretary and be available for inspection by any member for seven days before the general meeting.
  • All members shall have the right (subject to control of the chairperson) to speak at any general meeting.
  • All members shall have the right to vote on any resolution before any general meeting.
  • Any member entitled to vote may demand a poll which shall be taken forthwith.
  • Any member entitled to vote may authorise in writing (such authority to be satisfactory to the chairperson) another member to vote on his behalf.
  • In the event of the equality of votes on any resolution the chairperson shall have the casting vote.

Indemnity

  • The members of the Association shall indemnify the officers of the Association and members of the committee against all liability incurred by them in good faith on behalf and in the name of the Association acting within their authority.

Alteration of Rules

  • These rules may be varied or added to by resolution of the Association in general meeting, passed by a majority of at least two thirds of the members present in person or by proxy under rule 6.10, of which resolution notice shall be given in the notice convening the meeting.

Complaints

  •  All complaints or suggestions on matters regarding the Association shall be made to the chairperson, preferably in writing.

Dissolution

  • The Association may be dissolved if the number of full members at any time falls below 30 and the committee so resolves, or if the Association in general meeting so resolves by a majority of at least two thirds of the members present in person or by proxy under rule 6.10 of which resolution notice shall be given in the notice convening the meeting.
  • On such dissolution any balance of the funds of the Association shall be distributed equally between the then members (who are not in arrears with their subscriptions) OR shall be paid to a suitable charity to be decided upon by a majority of the membership.

Disclaimer

  • These notes have been prepared in the light of legislation and case law existing at the time of publication as a recommended procedure only. No liability can be accepted by the Association for errors or omissions or for any loss or damage sustained by anyone acting in accordance with these notes. If the reader is in any doubt as to the application of these notes to particular circumstances he/she should consult a Solicitor.