Our Constitution
The Barratt House High Street Quarter Residents' Association was constituted on 24th October 2024 at our Inaugural General Meeting.
As a Residents' Association we are governed by our Constitution.
1.0 NAME
The name of the association shall be The Barratt House, High Street Quarter Residents’ Association, (‘The Association’).
2.0 THE PROPERTY
The flats, amenity areas and common areas of and at the premises of the property known as Barratt House at High Street Quarter, Hounslow.
3.0 OBJECTS & AIMS
The objects and aims of the Association are:
3.1 to promote membership to all people eligible to join the Association.
3.2 to promote equal opportunities within the block or estate.
3.3 to promote and protect the common rights and interests of the members of the Association relating to the use and enjoyment of the property.
3.4 to represent the majority view of the members.
3.5 to consult and build a partnership with the landlord and its managing agents to improve communications.
3.6 to preserve and improve, where required, the amenities enjoyed by the tenants.
3.7 to provide regular information to all members.
3.8 for the purpose of aforesaid, the employ of solicitors, counsel, surveyors, engineers, accountants and other professional or other qualified persons as and when required to advise the Association.
3.9 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.
3.10 to do such other things, ancillary to the preceding objects, as may seem desirable to the Association.
3.11 to monitor the Association, its work, finances and membership on an on-going basis.
4.0 MEMBERSHIP
4.1 Any tenant holding under a long lease or tenancy at the Property may upon application and payment of the subscription become a full member.
4.2 Neither the landlord, the landlord’s representative(s), any company controlled by the landlord, nor any employee of the landlord shall be eligible to become a member or associate of the Association.
4.3 A company which is a tenant or sub-tenant (if not connected with the landlord) shall be eligible for membership, in which case, voting rights shall be exercisable by a person duly authorised by the company.
4.4 Membership of the Association shall be an acknowledgement and acceptance of the Rules and constitution of the Association.
4.5 Membership of the association shall be conditional and shall be confirmed upon the member signing and giving to the association a Form of Authority permitting the association to act on the member’s behalf, provided such authorisation shall not affect the member’s legal and contractual rights.
4.7 A record of all members in the current year shall be kept by the secretary of the Association.
Associate membership
4.8 The committee may at its discretion extend associate membership to any other person or persons residing at 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.
Ending membership
4.9 Membership of the Association shall terminate:
4.9.1 upon a member giving written notice to that effect to the secretary of the Association or in the event of the member’s death.
4.9.2 upon a member ceasing to be a tenant of flat or house at the property in which case he/she shall, within 14 days, give written notice of the fact to the secretary.
4.9.3 upon failure by a member to pay the annual subscription in respect of their house/flat for three months after the same shall become due and payable.
4.9.4 upon removal by a resolution carried by the votes of at least 75% of the members present at a General Meeting of the Association
4.10 In the event of gross misconduct membership may be suspended or terminated by a two-thirds majority vote of the committee.
4.11 Membership of the Association may be suspended for such period as is determined by the votes of at least 50% of the members present at a General Meeting of the Association.
4.12 A member whose membership has been suspended, shall be entitled to have that suspension reviewed at the next General Meeting of the Association.
5.0 THE COMMITTEE
5.1 The committee shall implement the objects and resolutions of the Association.
5.2 The committee members shall be elected to the committee annually at the Annual General Meeting and shall serve for one year but may be re-elected.
5.3 The committee shall comprise the officers of the Association and other voting members of the Association. The committee shall consist of not fewer than 7 members of the Association.
5.4 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.
5.5 Any decision of the committee must be a majority decision at a meeting of the committee (‘a Committee Meeting’), called in accordance with this section, except as otherwise provided.
5.6 Any committee member may call a Committee Meeting by giving notice of the meeting to the committee members. Notice of a Committee Meeting must indicate its proposed date and time, where it is to take place, and, if it is anticipated that directors participating in the meeting will not be in the same place, how it is proposed that they should communicate with each other during the meeting.
5.7 Notice of a Committee Meeting must be given to each member of the committee but need not be in writing. Notice of a Committee Meeting need not be given to committee members who waive their entitlement to notice of that meeting, by giving notice to that effect to the Secretary not more than 7 days after the date on which the meeting is held. Where such notice is given after the meeting has been held, that does not affect the validity of the meeting, or of any business conducted at it.
5.8 A quorum for any Committee Meetings shall be at least two, of whom at least one must be an officer. If the chairperson is not present, the members present will nominate an acting chair for the meeting from within their numbers. At a Committee Meeting, unless a quorum is participating, no proposal is to be voted on, except a proposal to call another meeting.
5.9 In the event of a tied vote at a Committee Meeting, the chairperson or acting chair may make a casting vote.
5.10 The committee may co-opt members onto the committee to fill any casual vacancies occurring on the committee or among the officers, or to ensure appropriate representation of all people in the community, and any person so appointed shall serve until the next Annual General Meeting of the Association.
6.0 THE OFFICERS
6.1 The officers of the Association shall comprise a chairperson, a deputy chairperson, a secretary, a deputy secretary, and two co-treasurers who shall be members of the Association.
6.2 The officers shall be elected annually at the Annual General Meeting and shall serve for one year but may be re-elected.
6.3 The chairperson shall chair the General and Committee Meetings. The duties of the officers shall be defined in the standing order of the Association.
6.4 The officers shall report to each Committee Meeting and General Meeting of their work.
7.0 ELECTIONS
7.1 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 secretary 14 days prior to the Annual General Meeting and shall include the written consent of the nominee, save that existing members of the committee and officers shall be deemed to be duly nominated.
7.2 Any member aged 18 or over on the date of the Annual General Meeting shall be entitled to stand for election to the committee or as an officer.
7.3 At each Annual General Meeting all committee members and officers shall resign but shall be deemed to be re-elected (if willing to act) in the absence of other nominees.
8.0 SUBSCRIPTION
8.1 The subscription shall be an annual subscription payable in advance and due on the 30 September of each year. One subscription payment shall be paid in respect of each flat. A member who joins part-way through the financial year shall be entitled to a pro-rata abatement on his membership fee.
8.2 The amount of the subscription shall initially be fixed at the inaugural General Meeting to adopt this constitution and rules. Thereafter, the subscription of the Association shall be decided for the ensuing year at the Annual General Meeting.
9.0 MEETINGS
Annual General Meeting
9.1 The first Annual General Meeting shall be held within 3 months of the end of the first financial year, thereafter the Annual General Meeting of the Association shall be held no later than 3 months from the end of the financial year.
9.2 The Association shall hold an Annual General Meeting once in each calendar year and not more than 15 months shall pass between the date of one Annual General Meeting and the next.
9.3 The Annual Report of the Committee and the Annual Accounts shall be presented for discussion and adoption at the Annual General Meeting.
9.4 The Annual General Meeting shall also:
9.4.1 appoint an independent auditor or reporting accountant, if required or otherwise determine an appropriate inspection measure to review the accounts.
9.4.2 elect the committee and the officers.
9.4.3 set the amount of the subscription.
9.4.4 consider any resolutions put forward by members.
9.4.5 vote on any amendments to the constitution.
9.5 All members shall be given 21 days’ written notice of the Annual General Meeting, and this must include an agenda, minutes of the last Annual General Meeting, details of nominations to the committee and of any resolutions that are proposed to be considered which include any proposed changes to the constitution.
9.6 Any proposed changes to the constitution by the membership or nominations to the committee must be notified and sent to the secretary in writing at least 14 days before the Annual General Meeting.
9.7 The finalised agenda should be submitted to the membership 10 days before the Annual General Meeting and must include a copy of the audited accounts.
Extraordinary General Meetings
9.9 All other meetings of the Association shall be Extraordinary General Meetings and shall be convened at any time by the secretary either upon the written instructions of the committee, or upon a written request signed by no fewer than 10 members of the Association.
9.10 Each year the Association shall hold at least one Extraordinary General Meeting (in addition to the Annual General Meeting) which shall be open to the members.
9.11 All members shall be given 21 days’ written notice of an Extraordinary General Meeting, and this must include an agenda for the meeting and details of any resolutions that are proposed to be considered.
9.12 Quorum for the Annual General Meeting shall be 10 members or 20% of the membership of the Association, whichever is the most, and for Extraordinary General Meetings shall be 25% of the membership of the Association.
9.13 No business shall be transacted unless a quorum is present; if within 15 minutes from the time appointed for a meeting a quorum is not present, then the meeting, if convened at the request of members, shall be dissolved, but if an Annual General Meeting or convened by the committee the meeting shall stand adjourned at the discretion of the committee. A separate quorum of 25% of eligible members shall apply to voting for purposes governed by residential leasehold law.
9.14 7 days’ notice in writing shall be given to the secretary of any resolution to be moved at any General Meeting, but if an Annual General Meeting 14 days’ notice shall be given, unless the resolution is admitted by the chairperson at the meeting. A notice containing all resolutions and nominations, with the names of the proposers and seconders, shall be circulated or kept by the secretary available for inspection by any member of the Association for 3 days before the General Meeting.
9.15 All members shall have the right (subject to control of the Chairperson) to speak at any General Meeting.
10.0 VOTING
10.1 Each member shall have one vote on any resolution put before an Annual General Meeting, General Meeting or Special General Meeting.
10.2 One vote shall be exercisable in respect of any one residential unit, subject to the following:
10.2.1 where both a tenant and a sub-tenant of a unit are members of the Association, the vote exercisable shall be the vote of the superior tenant, unless the sub-tenant has a tenancy which is both fixed for more than one year and is on terms affected by variations in the variable service charge.
10.2.2 for purposes connected with the requirements of residential leasehold law and other purposes affecting or tending to affect service charge expenditures, voting shall be restricted to affected variable service charge payers.
10.3 Members shall notify the secretary of the identity of the person entitled to vote in respect of each residential unit and the secretary shall maintain a list of such persons. The secretary shall maintain a separate list of those members entitled to vote for purposes connected with residential leasehold law.
10.4 A member of the Association may authorise another person to attend a General Meeting as a proxy (counting toward quorum) and to vote on behalf of the absent member; such authorisation (in written form approved by the committee) shall be lodged with the secretary at least 3 day(s) before the meeting or shall be submitted to the chairperson at the meeting.
10.5 Voting at meetings of the Association shall be by simple majority (save where otherwise specified) and by a show of hands unless a ballot is demanded by a majority. In the case of an equality of votes, the chairperson shall have the casting vote.
11.0 MINUTES AND RECORDS
11.1 All formal meetings such as Committee Meetings, Extraordinary General Meetings and Annual General Meetings shall be minuted and the minutes formally approved by the next meeting of the committee or General Meeting, respectively.
11.2 All voting that takes place at General Meetings and Committee Meetings shall be counted and minuted.
11.3 All appointments of officers and resolutions carried at a General Meeting shall be minuted.
11.4 The secretary shall keep and make available for inspection whenever so requested by a member:
11.4.1 the minutes of all voting and all formal meetings (including all appointments of officers and motions carried), and the member shall be entitled to take copies thereof.
11.4.2 copies of all written and notes of all oral communications with the landlord and managing agent and any replies received.
11.5 The secretary shall keep a record containing all resolutions and nominations to be moved at any General Meeting including the names of those proposing and seconding each resolution or nomination, which record shall be made available for inspection by any member of the Association for seven days prior to the General Meeting.
12.0 FINANCE
12.1 The treasurer shall open a bank or building society account in the name of the Association and keep records of the Association’s income and expenditure. The treasurer shall report the balance in the account to the committee at each Committee Meeting.
12.2 The financial year of the Association shall end on 30 September in each year up to which date any annual statement of accounts and balance sheet shall be prepared and submitted for approval at the subsequent Annual General Meeting.
12.3 The accounts shall be ratified by the Association at the Annual General Meeting.
12.4 The property and funds of the Association shall be held and administered by the committee. The treasurer shall have control of the funds of the Association and, save where required for immediate expenditure, shall pay the same into the bank or building society account of the Association.
12.5 The committee is not authorised to incur any overdraft.
12.6 A resolution of the committee shall be sufficient authority for payments or the incurring of liability for payments up to a limit not exceeding £100 (one hundred 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.
12.7 All cheques shall be signed by an officer and countersigned by a member of the committee.
12.8 The accounts of the Association shall be available for inspection by any member of the Association who requires to see them within 28 days. The request for inspection must be made in writing to the treasurer.
13.0 REPORTING ACCOUNTANTS/AUDITORS
Reporting Accountants/Auditors may be appointed by a resolution at a General Meeting of the Association; committee members shall not be eligible for appointment as auditors.
14.0 ALTERATIONS TO THE CONSTITUTION
14.1 No alterations to the Rules and Constitution of the Association shall be made, except at the Annual General Meeting or at an Extraordinary General Meeting and in any event, no alteration to clause 10 of the Rules and Constitution of the Association may be made.
14.2 Variation or addition to the rules may only be made by a 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, and if an Extraordinary General Meeting, notice of which resolution shall be given in a notice convening the meeting.
15.0 COMPLAINTS/DISAGREEMENTS/SUGGESTIONS
Complaints and suggestions on matters concerning the Association together with any disagreements as to its conduct or policies, shall be made in writing to the secretary.
16.0 INDEMNITY
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 and in the name of the Association acting within their authority.
17.0 DISCLAIMER
Any advice or assistance given or rendered to members, or any action taken by the Association acting through the committee in the name of the Association’s members shall be without liability or responsibility on the part of the committee for any loss or damage. Members should take independent professional advice in all matters affecting their interests or where possible conflict could arise between members.
18.0 INFORMATION
18.1 The Association shall provide information to all members on things that affect the Association and its members.
18.2 Every member of the Association shall be given a copy of the constitution when they join. Members shall be given copies of any changes to the constitution.
18.3 Members shall notify the secretary of the address at which notices or documents may be given and may notify an email address. Any notice or document may be served or given by the secretary, the committee or the Association to any member either personally or by sending it through the post in a prepaid letter or by placing it in the members’ letter box at the Property (where the member has notified an address at the Property). Documents may be submitted to the membership by publishing it on the website of the Association.
19.0 DISSOLUTION
19.1 The Association can only be dissolved by a General Meeting called specifically to consider a motion to dissolve the Association, the notice of which meeting shall contain the wording of the motion.
19.2 The Association shall only be dissolved if two-thirds of members present at the General Meeting vote for a motion to dissolve the Association.
19.3 In the event of the Association being wound up any surplus funds shall be disbursed to a suitable registered charity to be decided upon by a simple majority of the membership.