WE, THE UNDERSIGNED, have resolved to form a not-for-profit Association to represent the interests of the service charge payers on The Parks development, Bracknell on matters of common interest. We have further resolved to adopt the rules of the Association annexed hereto.
Dated: 22 March 2021
1.1 The Association shall be called The Parks Residents’ Association (‘TPRA’)
Objectives
2.1 The objectives of TPRA are:
- To represent The Parks homeowners on matters of common interest;
- To consult with The Parks management company on behalf of all service charge payers;
- To preserve and improve, where required, the amenities enjoyed by The Parks homeowners;
- For the purpose of the aforesaid, to employ solicitors, counsel, surveyors, engineers, accountants and other professional or qualified persons as necessary to advise the Association;
- To do such other things, ancillary to the preceding objects, as may seem desirable to the Association.
TPRA Membership
3.1 Any service charge payer may upon application and payment of the entrance fee become a full member. Only one vote per property will be given in the case of joint service charge payers. Any company that is the service charge payer of a property shall be eligible for membership.
3.2 The committee may admit any other person as an honorary member.
3.3 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.
The below section will only be enacted when the residents association becomes officially recognised.
Subscriptions4.1 Each household, on applying to become a member of the association, shall pay a nominal entrance fee (in keeping with the association’s not-for-profit status). The entrance fee for the forthcoming financial year (from 1st April) will be determined by association in each annual general meeting and the RA membership form updated accordingly thereafter. |
Committee
5.1 The committee shall consist of not less than three members who shall be elected by remaining members of the Association in the key roles of chair, treasurer, and secretary.
5.2 Additional committee members may be recruited to the roles of vice chair, general committee member, or any other role deemed appropriate by the chair.
5.3 At each annual general meeting (AGM) all committee members shall resign but shall be deemed to be re-elected (if willing to act) in the absence of other nominees.
5.3 Unless the chair decides otherwise, 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.
Record keeping
6.1 The secretary shall keep and make available for inspection whenever requested to do so by any 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.
6.2 The Association in general meeting shall appoint two members (not being members of the committee) to act as auditors.
Meetings
7.1 AGMs shall be held each year in the month of March and 14 days notice, in writing, shall be given to every member.
7.3 A report shall be given at the AGM by the chairman indicating the Association’s work over the past year.
7.4 Other special general meetings shall be called on the requirement of the committee or of at least 10% of TPRA members. At least 14 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.
7.5 At the AGM of the Association, or at any special general meeting, 25% of the membership shall constitute a quorum, and if not present, the meeting shall be adjourned, or repeated.
7.6 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.
7.7 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.
7.8 All members shall have the right (subject to control of the chair) to speak at any general meeting.
7.9 All members shall have the right to vote on any resolution before any general meeting.
7.10 Any member entitled to vote may demand a poll which shall be taken forthwith.
7.11 Any member entitled to vote may authorise in writing (such authority to be satisfactory to the chair) another member to vote on his behalf.
7.12 In the event of the equality of votes on any resolution the chair shall have the casting vote.
Finance
8.1 The treasurer shall have control of funds of the Association and, save where required for immediate expenditure, he/she shall pay the same into a bank account or building society as directed by the committee.
8.2 The property and funds of the Association shall be held and administered by the committee and resolution of the committee shall be sufficient authority for any payments from the bank or building society accounts.
8.3 The committee is not authorised to incur any overdraft.
8.4 All cheques or requests for cheques or warrants shall be signed by the treasurer or secretary and one of the committee.
8.5 The financial year shall end on 31st March, up to which date any annual statement of accounts and balance sheet be submitted for approval at the subsequent annual general meeting.
Indemnity
9.1 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
10.1 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 7.9, of which resolution notice shall be given in the notice convening the meeting.
Complaints
11.1 All complaints or suggestions on matters regarding the Association shall be made to the secretary, preferably in writing.
Dissolution
12.1 The Association may be dissolved if the number of full members at any time falls below 50% of service payers across The Parks 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 7.9 of which resolution notice shall be given in the notice convening the meeting.
12.2 On such dissolution any balance of the funds of the Association shall be distributed equally between the then household 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.