The Constitution

An A4 printable version of the Constitution can be found  here

Name

The name of the association shall be the Leetham House Tenants’ Association, abbreviated to LHTA.

Aims and Objectives

The LHTA shall have as its aims and objectives:

To represent and to promote the interests of all tenants of Leetham House.

To seek to maintain and improve the amenities affecting its members.
To further the community interest of its members.
To liaise with the landlord, his managing agent, the Building Manager, or other agencies or bodies as necessary, to achieve our aims.

Definitions

Qualifying Tenant
A qualifying tenant is anyone owning the leasehold of a property in Leetham House, and who pays a variable service charge to the landlord's managing agent.

Non-Qualifying Tenant
A non-qualifying tenant is any sub-tenant of a qualifying tenant.

Co-Lessee
Where the leasehold of a property in Leetham House is owned by more than one person, all such persons are co-lessees.

Landlord
The landlord is the owner of the head lease that includes all the properties in Leetham House, and the common parts and the retained parts of Leetham House.

Managing Agent
The managing agent is the body appointed by the landlord to administer and maintain Leetham House.

Building Manager
The Building Manager is the person appointed by the managing agent to act as first point of contact with regards to the administration and maintenance of Leetham House.

Membership


Full Membership
Full membership of the LHTA shall be open to all qualifying tenants of Leetham House, resident or otherwise.

Joint Membership
Where leasehold properties are owned by co-lessees, each co-lessee may be a joint member of the association.

Associate Membership
Associate membership of the LHTA shall be open to all non-qualifying tenants who reside in Leetham House.

The landlord, his managing agent and any of its employees may not be members of the LHTA.

Membership of the LHTA shall be an acknowledgement of the acceptance of the Rules and Constitution.

Membership of the LHTA shall terminate:

Upon a member giving written notice to that effect to the Secretary.
Upon a full or joint member failing to pay their annual subscription within 30 days of invoicing.
Upon a full or joint member ceasing to be a qualifying tenant.
Upon an associate member ceasing to be a resident of Leetham House.

Subscriptions

The annual subscription in respect of each member of the LHTA shall be due on 1 October of each year, except that for joint members only one subscription charge will be due per property.

The amount of subscription shall be determined by resolution at each Annual General Meeting.

On termination of membership there will be no refund of subscriptions paid.

Organisation

The day-to-day management of the LHTA will be vested in a Committee that shall consist of not less than five members of the association (full or joint members only).

The committee shall comprise three officers: a Chair, a Secretary and a Treasurer, and at least 2 other members.

The election of the Committee and its officers shall take place at the Annual General Meeting.

Committee members so elected shall hold office until the following Annual General Meeting, when they shall be eligible for re-election without re-nomination.

Nomination for membership of the Committee shall be proposed and seconded by two members of the Association and notified to the Secretary seven days in advance of the Annual General Meeting and shall include the written consent of the nominee.

The Committee

The Committee shall be empowered to fill any vacancy occurring on the Committee or among the officers for the remainder of its term of office; it shall also be empowered to co-opt extra members if necessary.

The Committee shall also be empowered to appoint sub-committees from the membership, whose decisions will be subject to confirmation by the Committee. Both full and associate members may be appointed to sub-committees.

The Committee shall meet as and when required, its quorum consisting of a simple majority of its members, at least two of whom must be officers.

General Meetings

The Annual General Meeting of the LHTA shall be held not later than 1 October in each year. A report will be given by the Chair at the Annual General Meeting of the year’s work of the association.

An Extraordinary General Meeting of the LHTA may be convened at any time by the Secretary, either upon the instruction of the Committee, or at the written request signed by no fewer than 5 members of the association.

At the Annual General Meeting of the LHTA, or at any Extraordinary General Meeting, 25% of the membership shall constitute a quorum, and if not present, the meeting shall be adjourned to another day when those members present shall form a quorum.

An Ordinary General Meeting of the LHTA may be convened at any time by the Secretary.

Any General Meeting of the LHTA may be convened on fourteen days’ notice to the members. Seven days notice in writing must be given to the Secretary of any resolution to be moved at any 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.

Voting

Full or joint members not present at any General Meeting of the LHTA may nominate a proxy, to represent their views in any discussion, and vote on their behalf; details of proxies must be notified to the Secretary not less than one day prior to the meeting.

For proposals that potentially impact service charges, in accordance with Sections 18-30 of the Landlord and Tenant Act 1985, voting shall be restricted to full and joint members of the LHTA (only one co-lessee vote per property to count), except where any proposed issue is wholly attributable to a specific sub-element of the service charges, when voting will be restricted to those members liable for such charges.

For proposals that do not impact service charges, both full, joint and associate members may vote.

Voting at a meeting of the LHTA shall be by a simple majority and be by the show of hands, unless a full ballot of all appropriate members is demanded either by a majority of members present or directed by the Chair. In the case of equality, the Chair shall have the casting vote.

Finance/Auditors

The property and funds of the Association shall be held and administered by the Committee, a resolution of the Committee shall be sufficient authority for any payment therefrom. The financial year shall end on March 31 up to which date an Annual Statement of Accounts and Balance Sheet shall be submitted for approval at the subsequent Annual General Meeting by the Treasurer.

A banking account should be opened in the name of the LHTA. All payments must be authorised/actioned by one of the three officers.

Auditors may be appointed by a resolution at the Annual General Meeting. Committee members shall not be eligible for appointment as auditors.

Amendments

No amendment to the Rules and Constitution of the LHTA shall be made except at the Annual General Meeting or at an Extraordinary General Meeting.

All complaints or suggestions on matters regarding the LHTA shall be made to the Committee, preferably in writing.

In the event of the LHTA being wound up, any surplus funds shall be disbursed to a suitable registered charity to be decided by a simple majority of the membership.