Tenant Compact 3

Tenant Participation Compact - Model Constitution

Tenants and Residents Association

1 Name and Area of Benefit

1.1 The name of the Association is ________ Tenants and Residents Association.
1.2 The area of benefit is as shown on the attached map.

2 Aims: The Association will:

2.1 address issues and problems collectively;
2.2 represent the views of the people of its estate to Rochdale Boroughwide Housing (RBH), the Council, and other agencies;
2.3 enable people from the area to be consulted;
2.4 influence and be involved in decisions, initiatives and programmes that affect their estate;
2.5 provide information and advice to tenants and residents of their estate;
2.6 assist tenants or residents who have problems or concerns;
2.7 provide activities and events on the estate;
2.8 manage a Community Base/Centre if one is available for the estate.

3 Equal opportunities, participation and freedom from harassment

3.1 The Association will represent the whole community and ensure that everyone is given the opportunity to fully participate regardless of race, gender, age, sexuality, disability or religion.
3.2 The Association will be non-party political/partisan and positively promote equal opportunities and challenge discrimination or harassment.
3.3 The Association affirms that everyone has the right to the peaceful enjoyment of their home.
3.4 All meetings of the Association will be held at a convenient and accessible place, date and time.

4 Membership

4.1 All residents in the area of benefit are members of the Association.
4.2 The Secretary will maintain an up to date record of all Committee members.

5 The Committee will:

5.1 consist of Chair, Secretary, Treasurer and up to ten other members;
5.2 be elected by members at an Annual General Meeting;
5.3 meet at least six times a year;
5.4 give at least five days notice of its meetings;
5.5 monitor the Association’s finances and manage the Association’s business;
5.6 set up sub-committees as required whose recommendations will be subject to final decision by the Committee;
5.7 make its decisions will be made by general agreement if possible, otherwise then by a simple majority vote
5.8 endeavour to ensure that Rochdale Boroughwide Housing tenants are in a majority on the Committee.

6 The Role of Officers

6.1 The Chair will try to ensure that meetings are conducted in a fair and equitable manner so that everyone present is able to join in the discussion and make their views known.
6.2 The Secretary is responsible for calling meetings and making sure that accurate minutes are kept. The Secretary is expected to advise the Chair and Committee on interpretation of the constitution and conduct correspondence on behalf of the Association.
6.3 The Chair and Secretary should discuss and agree agenda before meetings are called.
6.4 The Treasurer is responsible for the finances of the Association. This includes ensuring that the Committee receives regular financial reports. The Treasurer is responsible for ensuring that the AGM receives the checked or audited Annual Accounts and that the Association claims any grant due to the Association through RBH, RoFTRA or the Council.
6.5 It is the joint responsibility of the whole Committee to support the Officers of the Association in their duties and in their absence to ensure that the business of the Association continues as if those absent were present.
6.6 A meeting of a majority of the Officers may act on the Committee’s behalf in an emergency. And decision or action taken on this basis will be reported to a properly convened full Committee within five days.

7 Ending Committee Membership

7.1 A Committee member may be suspended or dismissed from the Committee if the Committee decides by a vote of at least two thirds that the member has committed gross misconduct. At any meeting to discuss suspension or dismissal, the member concerned will be entitled to speak and or be represented by another member of their choice.
7.2 A member who has been suspended will be entitled to have that suspension reviewed at the next open general meeting called for that purpose. At this meeting the member will be allowed to speak and or be represented by another member of their choice.
7.3 Any committee member or officer who fails to attend three Committee meetings, in succession and not having provided acceptable apologies for their absence will be considered to have resigned.

8 Committee Meetings

8.1 Meetings will be held at a convenient and accessible venue.
8.2 The quorum for committee meetings will be one third of its total membership
8.3 If a Quorum is not reached, another meeting will be called for the same day and time 7 days later where the quorum will be those present.
8.4 Committee meetings will be open to the general membership to attend.
8.5 Every member will be entitled to attend and put items on the agenda by agreement with the Chair.
8.6 The agenda for Committee meetings must be advertised to Committee members at least 5 days before the meeting and should normally include items to:

accept reasonable apologies for absence, when a Committee member is unable to attend;
approve and receive information on the minutes of the previous meeting;
discuss a major topic of interest to the local community to attract members to the meeting;
receive and approve the Treasurer’s financial report;
receive reports from any sub-committees or working parties;
receive representative delegates reports;
agree the date of the next meeting.

9 Annual General Meeting (AGM)

9.1 The Association will hold an AGM within 15 months of its Inaugural General Meeting and then once in every calendar year.
9.2 The AGM will be advertised widely by the publication and distribution of a newsletter or flyer in the area of benefit at least14 days before the AGM.
9.3 The Agenda for the AGM will include items to:

approve the minutes of the previous AGM, unless it is the first AGM of the Association;
approve the audited annual accounts;
approve the annual report from the Committee;
consider any resolutions put forward by members which have been submitted by a member to the Secretary or office of the Association at least 24 hours before the meeting;
consider any resolutions agreed by the Committee;
elect the Chair, Secretary and Treasurer, of the Association and up to 10 additional members to serve with the Officers on the Committee (the Association will try and ensure that a simple majority of tenants of Rochdale Boroughwide Housing, RBH, is elected to the committee, if the Association wishes to be recognised and funded by RBH.)
elect delegates, from Officers or those elected to the Committee, to represent the Association at meetings of RoFTRA, the Area Board of RBH or elsewhere as required.
9.4 The Quorum for an AGM will be ten members. If a Quorum is not reached after 20 minutes, another AGM will be called for the same day 7 days later where the Quorum will be those present.

10 Extraordinary General Meetings

10.1 An Extraordinary General Meeting (EGM) may be called by the Committee or by request from at least two thirds of the Membership.
10.2 The quorum arrangements will be the same as for the AGM.
10.3 The Secretary must take all reasonable steps to publicise the Extraordinary General Meeting and ensure a notice is sent to all households at least seven days before the meeting.

11 Voting

11.1 Each member will be entitled to one vote at an AGM or Extraordinary General meeting.
11.2 Members of the Committee will be entitled to one vote each at committee meeting.
11.3 Voting at General Meetings will normally be by members using a simple show of hands unless there is a request for a secret ballot.
11.4 Decisions of the Committee should be made by general agreement but if that is not possible then by a simple vote using a show of hands of the Committee members present.
11.5 The Chair will have one ordinary vote and in the event of a tie an additional casting vote.

12 Minutes

12.1 All decisions made at meetings will be recorded in the Minutes.
12.2 Minutes and agendas of Committee and General Meetings will be available to all members of the Committee and to other members by request to the Secretary.
12.3 At committee meetings a list of those present and those sending apologies will be recorded in the minutes.

13 Co-options

13.1 The Committee has the power to co-opt additional non voting members onto the Committee until the next AGM.
13.2 If the Chair, Secretary or Treasurer resigns, the Committee has the power to replace them on a co-option basis until the next AGM.

14 Finance

14.1 The Treasurer will maintain proper financial records.
14.2 The Treasurer will open a bank or building society account in the name of the Association and keep records of income and expenditure.
14.3 The Treasurer will produce an up-to-date report to every Committee meeting and General meeting detailing receipts and payments.
14.4 The Committee will appoint three authorised signatories for any cheques, and cheques will be signed by at least two of the authorised signatories.
14.5 The signatories will be from different households and not related to one another.
14.6 The Annual Accounts will be checked either by RoFTRA, an independent person of an auditor.
14.7 The accounts of the association will reasonably be made available for inspection. The accounts of the Association will be available for inspection if requested by members at a time convenient to the Treasurer.

15 Information

15.1 The Association will seek members' views actively and will especially ensure that all sections of the community are able to participate.
15.2 Every committee member will be given a current copy of this Constitution.
15.3 Copies of this Constitution will be available for inspection at all meetings of the Association and made available to members on request to the Secretary.
15.4 Minutes of all meetings will be distributed to Committee members at the meeting following the meeting the minutes were taken, and be made available to members on request.
15.5 The Association will keep members informed by publishing at least four newsletters a year and make arrangements for them to be delivered to every household in the area of benefit.

16 Trustees

16.1 The Committee will cause the title to all land and property held by or in trust for the Association, and all investments held by and on behalf of the Association, to be vested either in a corporation entitled to act as custodian trustee or in not less than three individuals appointed by them as holding trustees.
16.2 Holding trustees may be removed by the Committee at their pleasure and will act in accordance with the lawful directions of the Committee, the Holding Trustees will not be liable for the acts and defaults of its members.

17 Changes to the Constitution

17.1 Amendments to the constitution can only be considered at an Annual General Meeting or Extraordinary General Meeting.
17.2 The wording of any amendments to the constitution will be sent out to every household at least seven before the meeting to consider them.
17.3 A decision to amend the constitution can only be taken if two-thirds of members present at a quorate Annual General Meeting or Extraordinary General Meeting considering the amendment vote in favour of it.

18 Dissolution

18.1 The Association can only be dissolved by an Extraordinary General Meeting called specifically to consider a motion to dissolve it. Advice will be sought from RoFTRA or RBH on the disposal, or storage of the assets, funds or equipment to ensure that they are used for the purpose for which they were raised or allocated.
18.2 The Meeting will confirm the disposal of the assets; funds and equipment based on the advice from RoFTRA and RBH. All assets, funds or equipment of a dissolved Association will be sent to RBH, or RoFTRA for safe keeping until the tenants and residents of the area wish to start a new Association.
18.3 All members will at least seven days written notice of such a meeting, which will contain the wording of the resolution for dissolution.
18.4 The Association can only be dissolved if two-thirds of members present at the Extraordinary General Meeting vote for a motion to dissolve it.

Adopted as the constitution of ______ Tenants and Residents Association on ____________.

Signed:...........................................Chair

Witnessed:......................................……...........…

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Home Information and Services Become a Tenant Current Tenants - Online Services for Tenants - About our Services Leaseholders * * *		Tenant Participation Compact - Model Constitution Tenants and Residents Association 1 Name and Area of Benefit 1.1 The name of the Association is ________ Tenants and Residents Association. 1.2 The area of benefit is as shown on the attached map. 2 Aims: The Association will: 2.1 address issues and problems collectively; 2.2 represent the views of the people of its estate to Rochdale Boroughwide Housing (RBH), the Council, and other agencies; 2.3 enable people from the area to be consulted; 2.4 influence and be involved in decisions, initiatives and programmes that affect their estate; 2.5 provide information and advice to tenants and residents of their estate; 2.6 assist tenants or residents who have problems or concerns; 2.7 provide activities and events on the estate; 2.8 manage a Community Base/Centre if one is available for the estate. 3 Equal opportunities, participation and freedom from harassment 3.1 The Association will represent the whole community and ensure that everyone is given the opportunity to fully participate regardless of race, gender, age, sexuality, disability or religion. 3.2 The Association will be non-party political/partisan and positively promote equal opportunities and challenge discrimination or harassment. 3.3 The Association affirms that everyone has the right to the peaceful enjoyment of their home. 3.4 All meetings of the Association will be held at a convenient and accessible place, date and time. 4 Membership 4.1 All residents in the area of benefit are members of the Association. 4.2 The Secretary will maintain an up to date record of all Committee members. 5 The Committee will: 5.1 consist of Chair, Secretary, Treasurer and up to ten other members; 5.2 be elected by members at an Annual General Meeting; 5.3 meet at least six times a year; 5.4 give at least five days notice of its meetings; 5.5 monitor the Association’s finances and manage the Association’s business; 5.6 set up sub-committees as required whose recommendations will be subject to final decision by the Committee; 5.7 make its decisions will be made by general agreement if possible, otherwise then by a simple majority vote 5.8 endeavour to ensure that Rochdale Boroughwide Housing tenants are in a majority on the Committee. 6 The Role of Officers 6.1 The Chair will try to ensure that meetings are conducted in a fair and equitable manner so that everyone present is able to join in the discussion and make their views known. 6.2 The Secretary is responsible for calling meetings and making sure that accurate minutes are kept. The Secretary is expected to advise the Chair and Committee on interpretation of the constitution and conduct correspondence on behalf of the Association. 6.3 The Chair and Secretary should discuss and agree agenda before meetings are called. 6.4 The Treasurer is responsible for the finances of the Association. This includes ensuring that the Committee receives regular financial reports. The Treasurer is responsible for ensuring that the AGM receives the checked or audited Annual Accounts and that the Association claims any grant due to the Association through RBH, RoFTRA or the Council. 6.5 It is the joint responsibility of the whole Committee to support the Officers of the Association in their duties and in their absence to ensure that the business of the Association continues as if those absent were present. 6.6 A meeting of a majority of the Officers may act on the Committee’s behalf in an emergency. And decision or action taken on this basis will be reported to a properly convened full Committee within five days. 7 Ending Committee Membership 7.1 A Committee member may be suspended or dismissed from the Committee if the Committee decides by a vote of at least two thirds that the member has committed gross misconduct. At any meeting to discuss suspension or dismissal, the member concerned will be entitled to speak and or be represented by another member of their choice. 7.2 A member who has been suspended will be entitled to have that suspension reviewed at the next open general meeting called for that purpose. At this meeting the member will be allowed to speak and or be represented by another member of their choice. 7.3 Any committee member or officer who fails to attend three Committee meetings, in succession and not having provided acceptable apologies for their absence will be considered to have resigned. 8 Committee Meetings 8.1 Meetings will be held at a convenient and accessible venue. 8.2 The quorum for committee meetings will be one third of its total membership 8.3 If a Quorum is not reached, another meeting will be called for the same day and time 7 days later where the quorum will be those present. 8.4 Committee meetings will be open to the general membership to attend. 8.5 Every member will be entitled to attend and put items on the agenda by agreement with the Chair. 8.6 The agenda for Committee meetings must be advertised to Committee members at least 5 days before the meeting and should normally include items to: accept reasonable apologies for absence, when a Committee member is unable to attend; approve and receive information on the minutes of the previous meeting; discuss a major topic of interest to the local community to attract members to the meeting; receive and approve the Treasurer’s financial report; receive reports from any sub-committees or working parties; receive representative delegates reports; agree the date of the next meeting. 9 Annual General Meeting (AGM) 9.1 The Association will hold an AGM within 15 months of its Inaugural General Meeting and then once in every calendar year. 9.2 The AGM will be advertised widely by the publication and distribution of a newsletter or flyer in the area of benefit at least14 days before the AGM. 9.3 The Agenda for the AGM will include items to: approve the minutes of the previous AGM, unless it is the first AGM of the Association; approve the audited annual accounts; approve the annual report from the Committee; consider any resolutions put forward by members which have been submitted by a member to the Secretary or office of the Association at least 24 hours before the meeting; consider any resolutions agreed by the Committee; elect the Chair, Secretary and Treasurer, of the Association and up to 10 additional members to serve with the Officers on the Committee (the Association will try and ensure that a simple majority of tenants of Rochdale Boroughwide Housing, RBH, is elected to the committee, if the Association wishes to be recognised and funded by RBH.) elect delegates, from Officers or those elected to the Committee, to represent the Association at meetings of RoFTRA, the Area Board of RBH or elsewhere as required. 9.4 The Quorum for an AGM will be ten members. If a Quorum is not reached after 20 minutes, another AGM will be called for the same day 7 days later where the Quorum will be those present. 10 Extraordinary General Meetings 10.1 An Extraordinary General Meeting (EGM) may be called by the Committee or by request from at least two thirds of the Membership. 10.2 The quorum arrangements will be the same as for the AGM. 10.3 The Secretary must take all reasonable steps to publicise the Extraordinary General Meeting and ensure a notice is sent to all households at least seven days before the meeting. 11 Voting 11.1 Each member will be entitled to one vote at an AGM or Extraordinary General meeting. 11.2 Members of the Committee will be entitled to one vote each at committee meeting. 11.3 Voting at General Meetings will normally be by members using a simple show of hands unless there is a request for a secret ballot. 11.4 Decisions of the Committee should be made by general agreement but if that is not possible then by a simple vote using a show of hands of the Committee members present. 11.5 The Chair will have one ordinary vote and in the event of a tie an additional casting vote. 12 Minutes 12.1 All decisions made at meetings will be recorded in the Minutes. 12.2 Minutes and agendas of Committee and General Meetings will be available to all members of the Committee and to other members by request to the Secretary. 12.3 At committee meetings a list of those present and those sending apologies will be recorded in the minutes. 13 Co-options 13.1 The Committee has the power to co-opt additional non voting members onto the Committee until the next AGM. 13.2 If the Chair, Secretary or Treasurer resigns, the Committee has the power to replace them on a co-option basis until the next AGM. 14 Finance 14.1 The Treasurer will maintain proper financial records. 14.2 The Treasurer will open a bank or building society account in the name of the Association and keep records of income and expenditure. 14.3 The Treasurer will produce an up-to-date report to every Committee meeting and General meeting detailing receipts and payments. 14.4 The Committee will appoint three authorised signatories for any cheques, and cheques will be signed by at least two of the authorised signatories. 14.5 The signatories will be from different households and not related to one another. 14.6 The Annual Accounts will be checked either by RoFTRA, an independent person of an auditor. 14.7 The accounts of the association will reasonably be made available for inspection. The accounts of the Association will be available for inspection if requested by members at a time convenient to the Treasurer. 15 Information 15.1 The Association will seek members' views actively and will especially ensure that all sections of the community are able to participate. 15.2 Every committee member will be given a current copy of this Constitution. 15.3 Copies of this Constitution will be available for inspection at all meetings of the Association and made available to members on request to the Secretary. 15.4 Minutes of all meetings will be distributed to Committee members at the meeting following the meeting the minutes were taken, and be made available to members on request. 15.5 The Association will keep members informed by publishing at least four newsletters a year and make arrangements for them to be delivered to every household in the area of benefit. 16 Trustees 16.1 The Committee will cause the title to all land and property held by or in trust for the Association, and all investments held by and on behalf of the Association, to be vested either in a corporation entitled to act as custodian trustee or in not less than three individuals appointed by them as holding trustees. 16.2 Holding trustees may be removed by the Committee at their pleasure and will act in accordance with the lawful directions of the Committee, the Holding Trustees will not be liable for the acts and defaults of its members. 17 Changes to the Constitution 17.1 Amendments to the constitution can only be considered at an Annual General Meeting or Extraordinary General Meeting. 17.2 The wording of any amendments to the constitution will be sent out to every household at least seven before the meeting to consider them. 17.3 A decision to amend the constitution can only be taken if two-thirds of members present at a quorate Annual General Meeting or Extraordinary General Meeting considering the amendment vote in favour of it. 18 Dissolution 18.1 The Association can only be dissolved by an Extraordinary General Meeting called specifically to consider a motion to dissolve it. Advice will be sought from RoFTRA or RBH on the disposal, or storage of the assets, funds or equipment to ensure that they are used for the purpose for which they were raised or allocated. 18.2 The Meeting will confirm the disposal of the assets; funds and equipment based on the advice from RoFTRA and RBH. All assets, funds or equipment of a dissolved Association will be sent to RBH, or RoFTRA for safe keeping until the tenants and residents of the area wish to start a new Association. 18.3 All members will at least seven days written notice of such a meeting, which will contain the wording of the resolution for dissolution. 18.4 The Association can only be dissolved if two-thirds of members present at the Extraordinary General Meeting vote for a motion to dissolve it. Adopted as the constitution of ______ Tenants and Residents Association on ____________. Signed:...........................................Chair Witnessed:......................................……...........… Back to Tenant Compact