Point Curlew Tenants Association
Rules and Constitution
The name of the Association shall be the Point Curlew Tenants Association (‘the Association’).
2 The property
All of the leasehold premises (whether they are described as a lodge or a chalet), amenity areas and common areas of and at the premises known as Atlantic Bays Holiday Park (formerly Point Curlew), St Merryn, Cornwall, PL28 8PY
3 Objects of the Association
3.1 To promote and protect the common rights and interests of the members of the Association relating to the use and enjoyment of the Property.
3.2 To exercise the rights conferred upon the Association by recognition under the Landlord and Tenant Act 1985 or such other statutory rights that may be given by any subsequent enactment.
3.3 Any authority to commence legal proceedings in the name of the Chairman acting on behalf of himself and named members will be put to the members by a resolution and decided by way of a simple vote taking place at an Annual General Meeting, a General Meeting or Extraordinary Meeting, or by voting using a simple form either electronic or postal sent to all of the Members. A majority vote authorizing the commencement of legal proceedings in the name of the Chairman acting on behalf of himself and named members, held by any means as set out in this rule will constitute proper authority for the association to fund and commence the proceedings (in the Chairman acting on behalf of himself and named members name) and only members returning a YES vote will be included as applicants in those proceedings, providing always that if any member decides to be included in the proceedings after the vote has taken place, this will not exclude that member from being included in the proceedings by way of any updated schedule to the court or tribunal.
4.1 Membership shall be open to all persons who are lessees holding under long leases of a premises in the Property and voting shall be restricted to one vote per leasehold premises.
4.2 Membership of the Association shall terminate:
4.2.1 Upon a member giving written notice to that effect to the Honorary Secretary.
4.2.2 Upon a member ceasing to be a lessee of a leasehold premise at the Property.
4.2.3 Upon failure by a member to pay the annual subscription in respect of that leasehold premise for three months after the same shall become due and payable.
4.3 Membership of the Association shall be confirmed upon the payment of the first subscription and formal acceptance by the proposed member of the rules and constitution of the Association.
4.4 A copy of this constitution shall be given to each member.
4.5 The Committee may at its discretion extend associate membership to any other person or persons resident on the Property but such associate members shall not be elected as Officers or members of the Committee of the Association and shall not be entitled to any vote.
4.6 Neither the Landlord, the Landlord’s representative, any company controlled by the Landlord nor shall any employee of the Landlord be a member or associate of the Association.
4.7 Membership of the PCTA is conditional on accepting the confidential nature of its documentation and communications, as outlined in the “Confidentiality Statement” and the signing of said document.
5 The Officers
5.1 The Officers of the Association shall comprise a Chairman, Honorary Secretary and Honorary Treasurer who shall be members of the Association.
5.2 The Officers shall be elected annually at the Annual General Meeting and shall serve for one year but may be re-elected without re-nomination.
6 The Committee
6.1 The Committee of the Association shall consist of not less than three or more than five members of the Association and the Officers of the Association.
6.2 The Committee members shall serve for three years and shall retire in rotation. Retiring Committee members may be re-elected without re-nomination.
6.3 The Committee shall be empowered to co-opt on a temporary basis other members of the Association to form sub-committees to consider such matters as the Committee or the Association shall determine and the decisions of such sub-committees shall be ratified by the Committee before implementation.
6.4 A quorum for any meeting of the Committee shall be at least four of whom at least two must be Officers.
6.5 The Committee shall implement the objects of the Association and the resolutions of the Association.
7.1 The election of the Officers and Committee shall take place at the Annual General Meeting.
7.2 Nominations for the appointment of Officers and for membership of the Committee shall be proposed and seconded by two members of the Association in writing and lodged with the Honorary Secretary fourteen days prior to the Annual General Meeting and shall include the written consent of the nominee.
7.3 The Committee shall be empowered to fill any casual vacancy occurring on the Committee or among the Officers and any person so appointed shall serve until the next Annual General Meeting of the Association.
7.4 Voting for officers and committee members will be based on the Alternative Vote system. The nominee with the least number of votes will retire from the election and the remaining nominees will be voted on again until a clear winner is elected by the majority of members.
8.1 The financial year of the Association shall end on 31st March in each year.
8.2 Accounts shall be prepared for the Association each year and these shall be audited in accordance with proper audit practice.
8.3 Auditors shall be appointed at the Annual General Meeting. Officers and Committee members shall not be eligible for appointment as auditors.
8.4 The Accounts shall be ratified by the Association at the Annual General Meeting.
8.5 The property and funds of the Association shall be held and administered by the Committee.
8.6 A resolution of the Committee shall be sufficient authority for payments or the incurring of liability for payments up to a limit not exceeding Five Thousand Pounds. Beyond such limit the Committee shall seek approval of such expenditure by the Association either at the Annual General Meeting or at an Extraordinary General Meeting.
8.7 A banking account shall be opened in the name of the Association and all cheques shall be signed by an Officer and countersigned by a member of the Committee.
8.8 The annual subscription of the Association shall be decided for the ensuing year at the Annual General Meeting but shall not be altered save by a two-thirds majority of the members attending such a meeting.
8.9 The officers, committee and any member may claim expenses incurred whilst acting for and on behalf of the association. The expenses shall be in accordance with PCTA document, “PCTA Expenses Rules”. This document may be amended as required by the committee subject to approval at the next AGM before implementation.
9.1 The Annual General Meeting of the Association shall be held not later than three months from the end of the financial year.
9.2 An Extraordinary General Meeting of the Association shall be convened at any time by the Honorary Secretary either upon the written instructions of the Committee or upon a written request signed by no less than 15 members of the Association
10 Alterations to Rules
Any alteration to the rules shall require a resolution passed by two-thirds of voting paid up members at a General Meeting. Notice of the proposed change must be given in writing by the Secretary to all members at least two weeks before the General Meeting.