Rules and Constitution

RULES AND CONSTITUTION OF THE PARK WEST RESIDENTS ASSOCIATION

(As amended 19th December 2018)

WE, THE UNDERSIGNED, having resolved to form an Association to represent the interests of the leaseholders of the development known as Park West, London, W2, on matters of common interests, have further resolved to adopt the rules of the Association annexed hereto which we have signed for identification purposes.

Dated

1.0 THE ASSOCIATION

1.1 The Association shall be called The Park West Residents' Association ('the Association')

2.0 OBJECTS

2.1 The objects of the Association are:

2.2 to represent the leaseholders on matters of common interest;

2.3 to consult with the lessor and/or its managing agent;

2.4 to preserve and improve, where required, the amenities enjoyed by leaseholders;

2.5 for the purpose of aforesaid, to employ solicitors, counsel, surveyors, engineers, accountants and other professional or qualified persons to advise the Association;

2.6 to do such other things, ancillary to the preceding objects, as may seem desirable to the Association.

3.0 MEMBERS

3.1 Any leaseholder or long term tenant (at least 6 months residence at Park West) living or letting their flat lawfully at Park West may upon application and payment of the entrance fee become a full member. Only one vote per flat/house will be given in the case of joint leaseholders or applicants. A leaseholder shall have membership precedence over a long term tenants where both apply for membership for the same flat. A company that is a leaseholder of a flat/house 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.

3.4 Where a tenant of a leaseholder applies for membership, lawful proof of the tenancy shall be submitted by way of a copy of the rental agreement.

3.5 All Members and prospective members shall be of respected standing in the community and free from any conflict of interest contrary to the objects of the association.

4.0 COMMITTEE

4.1 The committee shall consist of not less than 3 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.

4.2 Unless the chairman 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.

5.0 OFFICERS

5.1 The committee shall elect a chairman (who shall be chairman of the Association and remain such until a new chairman shall be elected) and shall appoint a secretary or treasurer.

5.2 The secretary shall keep and make available for inspection whenever requested to do so by a member: (1) A record of the business transacted at the AGM. (2) Copies of all written and notes of all oral communications with the landlord and/or managing agent and any replies received.

5.3 The Association in general meeting shall appoint two members (not being members of the committee) to act as Auditors.

6.0 MEETINGS

6.01 The first AGM shall be held within 3 months of the end of the first financial year end.

6.02 Thereafter an AGM shall be held each year in the month of October and 21 days' notice in writing of it shall be given to every member at his/her registered email address. A report shall be given at the AGM by the chairman indicating the Association's work over the past year.

6.03 Where practical the AGM shall be held no more than three months after one year has elapsed after the previous AGM

6.04 Special general meetings shall be called on the requirement of the committee or of at least 5 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.

6.05 At the AGM of the Association, or at any special general meeting, 25% of the committee membership shall constitute a quorum, and if not present the meeting shall be adjourned to another day when members present shall form a quorum.

6.06 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 chairman at the meeting.

6.07 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.

6.08 All members shall have the right (subject to control of the chairman) to speak at any general meeting.

6.09 All members shall have the right to vote on any resolution before any general meeting. Subject to 6.11, each Member shall have one vote for each property owned.

6.10 Any member entitled to vote may demand a poll which shall be taken forthwith.

6.11 Any member entitled to vote may authorise in writing (such authority to be satisfactory to the chairman) another member to vote on his behalf.

6.12 In the event of the equality of votes on any resolution the chairman shall have the casting vote.

6.13 Communications and notices of the PWRA will be served where ever possible solely by electronic means to the leaseholders registered email address. The Committee cannot correspond with leaseholders proxies or agents for your security.

7.0 SUBSCRIPTIONS.

7.1 Each person on applying to become a member of the Association shall pay an entrance fee. Until otherwise determined by the Association in general meeting the entrance fee shall be £0.00 (Free).

7.2 Each member shall pay subscriptions in accordance with the resolution of the Association in general meeting. The total subscriptions for the 2010-2011 PWRA financial year according to the annual budget forecast is £[ ]

7.3 The committee may expel any member who shall after 14 days' notice, addressed to him/her and sent by email, post, or delivered at his/her apartment at Park West, remains in default in paying any subscription or is in breach of these Rules and Constitution.

8.0 FINANCE

8.1 The Park West Residents Association is constituted as a Non Profit Making Organisation

8.2 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.

8.3 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.

8.4 The committee is not authorised to incur any overdraft.

8.5 All cheques or requests for cheques or warrants shall be signed by the treasurer or secretary and one of the committee.

8.6 The Financial Year shall end on [ ] up to which date any annual statement of accounts and balance sheet be submitted for approval at the subsequent annual general meeting.

8.7 The members executive shall have authority to defray expenses up to the amount of £100 without recourse to the members in a full membership meeting. The executive to consist of the Chairman, the Secretary, and the Treasurer.

9.0 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.

10.0 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 6.7, of which resolution notice shall be given in the notice convening the meeting.

11.0 COMPLAINTS

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

11.2 No member of the association shall be subject to discrimination, harassment and abuse of any nature.

11.3 Any member found guilty of such behaviour as is outlined in 11.2 above shall be subject to the disciplinary action determined by the Executive of the Committee

11.4 The definitions of the behaviour as outlined in 11.2 above shall be as defined in the OED.

12.1 DISSOLUTION

12.1 The Association may be dissolved if the number of full members at any time falls below 3 and the committee so resolve, 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 6.11 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 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.

13.0 COMMITTEE

13.1 The members of the committee are:-

Chairman

Secretary

Treasurer

Deputy Chairman

Deputy Secretary

Membership Secretary

Minutes Secretary

Auditor 1

Auditor 2

Member; Block 1 Rep and Deputy

Member; Block 2 Rep and Deputy

Member; Block 3 Rep and Deputy

Member; Block 4 Rep and Deputy

Member; Block 5 Rep and Deputy

Member; Block 6 Rep and Deputy

Member; Block 7 Rep and Deputy

Member; Block 8 Rep and Deputy

Member; Block 9 Rep and Deputy