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SPA HILL ALLOTMENT SOCIETY LIMITED

BY - LAWS

REGISTERED OFFICE : 180 SPA HILL, LONDON SE19 3TU.

Members name

Address



Registered Number

Plot Number


Both office and distribution centre are open on most Saturday and Sunday mornings through out the year from 10:00 to 12 Noon.


Irrespective of when membership or tenancy was first taken out, both subscription and rent are due each year on 1 st. October.


Spa Hilll Allotment Society Limited

By-Laws

GENERAL

  1. Interpretation.
    • (a) The "Committee" means the Management Committee of the Society elected at the Annual General Meeting or otherwise appointed in accordance with the registered Rules of the Society.
    • (b) When the circumstances so admit, the term 'Allotment' shall be held to refer to any holding or garden rented from the Society.
    • (c) "The Rules" mean the registered rules of the Society.
  2. Powers of the Committee
    The general management of the allotment site is vested solely in the Committee. Should any matters arise which are not specifically provided for in any agreement for the time being in force between the Society and a tenant, or in the rules of the Society, or these By - Laws the Committee shall have the power to deal with such matters in the best interests of all tenants, and members shall be bound by the decision made.
  3. Sub - Committees
    The Committee may delegate any powers, which may be properly delegated, to the Secretary, Sub Committees or working parties. The Committee has the right to co-opt, pro tem such persons as may provide specific knowledge or expertise to the Sub Committees or working parties.
  4. Change of address
    Any member changing his /her address shall notify the Secretary at once in writing. Failure to do so may result in the loss of rights and or priveleges until such time as the new information is communicated in writing to the Secretary.
  5. Shares
    Every member shall take up one share in the Society as required by the rules.
  6. Conditions of Head Lease
    Every tenant shall observe and perform all conditions and covenants in any lease under which the Society holds the land.
  7. LETTING OF LAND

  8. Approved applications
    Allotments shall be let only to members of the Society and to those whose applications are approved by the Committee. The Committee shall have the right to refuse any application without specifying a reason and shall also have the right to make special conditions in regard to any tenancy. The Committee may delegate this power. Applicants under 18 years of age must have their application for a tenancy countersigned by a parent or guardian who will be held responsible for the young applicants behaviour and for the good husbandry of the allotment.
  9. Sub Letting
    No tenant shall sub-let their allotment or any part thereof to any other person.
  10. Right of entry
    The Society or its accredited representatives, or their workmen acting on their instructions, or accredited representatives of the superior landlord shall be entitled at any time to enter and inspect the allotment site or any part thereof and to carry out any work or repairs required by the Society as represented by the Committee.
  11. Access to Site
    Tenants of plots may receive a key to gain access to the allotment site. Tenants are held responsible for the safe keeping of such keys, for which a returnable deposit shall be paid at the time of issue of the key. Keys should not be duplicated or passed on to any other tenant or member. The deposit will be refunded to the tenant on the surrender of the key to the Society.
  12. Payment of rent
    Before taking posession every tenant shall pay rent in advance on the days and at the time and place appointed by the Committee and to the Secretary or other person appointed to receive it. Rents are due on the first of October in any year, unless otherwise determined by the Committee. Forty days grace is allowed for payment of rent. After ninth November in any year non payment may result in forfeiture of tenancy of the allotment.
  13. Old age pensioners, Unemployed and Disabled Tenants
    Tenants over sixty years of age; unemployed persons holding form UB40; and registered disabled persons may pay rent at half the standard rate for the first allotment rented by them from the Society. Subsequent allotments must be paid for at the full rate. There is no reduction in other payments due to the Society unless the Committee so decides.
  14. Removal of cropping
    No Tenant in arrears with the payment of rent shall be allowed to remove from the allotment any crops growing thereon, tools, implements, stock or other property whatsoever until full payment of rent has been made. Goods on the allotment will be dealt with as in By - Law 24.
  15. CULTIVATION

  16. Cultivation
    Every tenant shall keep his/her allotment free of perennial weeds, well manured and otherwise maintain it in a proper state of cultivation to the satisfaction of the Committee. At the termination of the tenancy the allotment should be quitted leaving it so kept and maintained. No more than 10% of any one tenants holding shall be used for flowers or ornamental plants.
  17. Fruit trees
    Fruit trees should not overhang roads, paths or adjoining allotments or site boundaries with private residences. They should be planted no less than five feet (1.5m.) from roads or paths for apples, plums , pears, gages and other top fruit. Such trees should be on dwarfing rootstocks only. Bush fruit such as currants and gooseberries should be planted at least three feet from the boundaries of the plot.
  18. Buildings and Wells
    Members shall not erect any buildings upon their allotments without written consent from the Society. Applications to erect a building on any plot shall be made in writing detailing the size and position of the proposed building. The Committee reserves the right to accept or reject any such application. The normal size of a potting shed is four feet three inches (1.28m) square and six feet (1.80m) high. The maximum size for a greenhouse is ten feet (3.0 m) by eight feet (2.4 m). Size may be varied if an adequate reason is given in writing. All buildings and structure must be not less than nine inches (0.225m) from any path, road, fence or wall. Permission for polytunnels will be considered when a detailed application stating precise size and position is made subject to the terms of the lease and any rulings by the local authority. No water holes or wells are permitted on allotments.
  19. Paths Roads and Ditches
    • (a)All tenants shall keep in repair all paths and roads bordering his or her plot. Ditches must be kept cleaned and in working order by the tenants whose plots border them. Paths and roads must be kept clear of obstruction. No manure or refuse shall be deposited on them. Should a delivery of manure cause the blockage of a road or path the obstruction must be removed within 48 hours of the delivery being made. Obstruction of the asphalt road shall be allowed for a maximum of three hours
    • (b)Interplot paths are made by taking at least nine inches from the plots on either side of them and should be maintained at a width of at least 18 inches (45 cm.). (N.B. Two feet (60cm.) is preferable.) The grass on interplot paths should be maintained by regular mowing and the edges kept trimmed. The use of weedkiller on interplot paths or on grass roads is NOT permitted.
    • (c)With the exception of the main tarmac road, the site roads were constructed for the use of horse drawn carts; they are unsuitable for motor vehicles especially in wet weather. Motor vehicles may be used to make deliveries of heavy or awkward loads to the plot. The motor vehicles must then be removed and parked appropriately either in a designated parking area within the site or on the public highway. Vehicles are permitted on the site entirely at the owners risk. The owner of the vehicle and the plotholder responsible for the vehicle's presence on the site will be held liable for any damage caused by the vehicle.
    • (d)Entry by motor vehicle is by the gates at the end of Dale Park Road only. The tarmac road is one way; exit being by the Northwood Road/Spa Hill Gate. Speed must not exceed walking pace. All gates must be locked immediately after use. Large vehicles which cannot negotiate the bends on the tarmac road may be allowed to enter by the Northwood Road entrance provided that arrangements for them to do so have been made with a Committee member.
    • (e)Members of the Committee or delegated representatives of the Committee have the right to walk upon interplot paths in the course of their duties or to perform any necessary work delegated by the Committee. No tenant has the right to use any other tenant's interplot paths without permission granted by the tenant of the plot adjoining the path.
    • (f)Main grass roads must be maintained at least ten feet six inches(3.18 m.) wide. For the purposes of these by-laws the following paths are defined as grass roads but are to be maintained at a width of only four feet (1.2 m.). Between plots 90 and 91/120, plots 129 and 130, between plots 139 and 139 and between plots 295 and 297/298.
  20. Nuisances.
    • (a) A member shall not cause any nuisance or annoyance to the occupants (the tenant or visitors) of any other allotment, or to the neighbourhood. No Livestock may be kept on the allotment site other than bees without the written permission of the Committee and then not by way of trade or business.
    • (b)Dogs are not permitted on the allotment site except on a reasonable length lead and must be kept under control at all times. Dog owners must not allow their dogs to foul allotments, grass roads sidepaths or any other part of the allotment site. It is the duty of dog owners to promptly remove any fouling which occurs.
    • (c)Plotholders are not permitted to burn bonfires on the site. Tenants who infringe this by-law will be answerable to the local Depatrtment of Environmental Health and may be fined up to 20,000. for such infringement.
    • (d)Compost heaps should be constructed in such a manner as not to attract rats or other vermin. Only raw vegetable matter should be included for composting. Large or woody material unsuitable for individual compost heaps may be stacked centrally for shredding as directed by the committee. No material suitable for composting shall be put in the skips.
    • (e)Skips are provided for the disposal of non compostable waste from the allotment site only. Broken glass may be put in the skips only if it is entirely below the level of the sides of the skip.
    • (f)Barbecues are permitted provided that they are suitably contained and do not emit visible smoke (they would then become the subject of Environmental Health Rulings). They should be lit using commercial firelighters or dry paper. Once fully operational there should be no visible smoke. Care should be taken to ensure they do not create a fire hazard.
    • (g)Windbreaks are permitted on allotments subject to the provisions of By-Law 16. They should be kept as tidy and as inoffensive to the eye as possible. Fences with/without gates are not permitted nor are hedges permitted as boundary markers unless instructed by the Management Committee.
    • (h)The use of strimmers, two stroke engined mowers, cultivators and other noisy machinery is not permitted before 8 am or after 8 pm on Monday to Saturday nor is such use permitted before 8 am or after 2 pm on Sundays.
    • (i)Radios and other devices for reproducing sound are permitted on allotments so long as the output volume is kept at a reasonable listening level and does not cause a nuisance to other tenants, visitors or neighbours.
  21. Encroachment, Trespass and Damage.
    • (a) No tenant shall make any encroachment or trespass upon another's allotment; and no damage shall be done by any tenant to the produce or cropping on any other allotment.Any damage done either by a member or by a person accompanying a member shall be assessed by the Committee and the offender shall pay such sum as the committee may determine to the member who has suffered the damage or to the Society. The Committee shall have the right to refuse admission to any person, other than a tenant of the Society, to any allotment unless accomanied by the tenant member.
    • (b)Children of tenants may accompany their parents only if they are kept under control and remain near their parents allotment. Children must not be allowed to play over other plots or gardens or to stray onto other allotments. An adult must accompany children using the site toilets. The Society accepts no responsibility for any harm which occurrs to any child on the site; there are a great many hazards to children on the site and parents are expected to be vigilant on their children's behalf.
    • (c)The Management Committee have the right to terminate the tenancy of any tenant trespassing on another tenant's plot.
  22. Water.
    • (a) Water is provided by standpipes at convenient points. These taps with the pipes, stopcocks and meters must on no account be tampered with; any fault arising must be reported to a Committee member immediately and not taken in hand by the tenant.
    • (b) All water used on site is metered. Waste of water costs the society and its members through increased water bills. Hose pipes connected to the Society's water supply are allowed to be used for filling tenants storage containers. Storage containers must not be emptied by bailing or otherwise, while they are filling; Hand held hoses may be used for watering on plots provided that this does not breach Water Supply Authority regulations. Sprinklers and leaky hoses must not be used from the Society's water supply.
    • (c)Tenants using watering cans only always take precedence over tenants using hoses to fill containers.
    • (d)Any hose not being hand held in use may be confiscated by members of the Committee. Infringement of the rules and By-Laws governing the use of water may lead to termination of tenancy. Water is a prescious commodity and must not be wasted. Where possible tenants are recommended to conserve rainwater by the use of guttering, downpipes and butts fitted to their sheds and greenhouses.
  23. TERMINATION OF TENANCY

  24. Determination of the Society's Tenancy.
    The Society may determine the Tenancy of any allotment without notice if it shall at any time, be required by any superior landlord to give up possession of the land or of part of the land of which the allotment forms part.
  25. Determination of Tenancies by the Society.
    The Society shall have the right to re-enter and take posession of the allotment of any tenant the payment of whose rent is in arrears for forty days, whether legally demanded or not; or who does not keep their allotment cultivated to the satisfaction of the Committee, or on the breach of these By-laws or of the tenants agreements with the Society; and to re-let the allotment.
  26. Notice.
    • (a)The Society may at any time terminate the tenancy of any tenant in breach of these By-Laws by a minimum of twenty eight days notice. After three warnings (at least two of which shall have been in writing) have been issued to the tenant.
    • (b)The Committee may agree to relieve any tenant who desires to give up his tenancy at a shorter notice than required by By-Law 22 if there is another approved applicant waiting to take over the plot.
  27. Removal of Property.
    Upon the determination of the tenancy of an allotment the tenant shall, if required to do so by the Committee, remove from the allotment all growing crops, fruit bushes, buildings, stock and other property of any kind within fourteen days of such determination and shall make good any defect to the allotment caused by such removal, and in case default shall be made by the tenant the Society may remove such crops, trees bushes, buildings,stocks and other property and charge the expense of such removal and defect to the tenant who shall on demand pay to the Society the amount of such damages and expense. In cases of unpaid rent, goods on the allotment may be taken into the care of the Society which at a suitable time and after giving the ex-tanant reasonable warning will sell them and the proceeds go to the Society.
  28. OFFENCES, DISPUTES, GENERAL

  29. Offences.
    In the case of any member charged with an offence such charge must be sent to the Secretary, in writing, who shall at the earliest convenient date call a special meeting of the Committee to deal with it. The Committee shall have the power to take such steps as they consider necessary. An appeal from the decision of the Committee to a General meeting may be granted upon written application signed by at least ten members.
  30. Disputes.
    Any dispute between members or between members and the Management Committee shall be resolved by means of the arbitration process detailed in the Rules of the Society.
  31. Trading.
    • (a)No trading in comodities which are available from the Society's distribution centre is permitted on the Allotment Site.
    • (b)Members may sell surplus plants, or produce at the appropriate seasons to other members of the Society, providing that they comply with the conditions laid down by the management Committee from time to time.
  32. Amendment of By-Laws.
    Amendment of these By-Laws shall be in accordance with the registered rules of the Society.


These By-Laws were originally adopted by a general meeting held on 15 June 1941, and amended on 26 February 1958. 24 February 1965, 19 May 1982, 4 March 1987 and 18 April 2000.

2000 Spa Hill Allotment Society Limited