Sample draft constitution for an association of tenants seeking
recognition under section 29 of the Landlord and Tenant Act 1985
1 Name
The name of the Association shall be the 'The Millennium Harbour Residents' Association' ('the Association') .

2 The property
All of the (houses and) flats, amenity areas and common areas of and at the premises known as Millennium Harbour, Seacon Wharf and Naxos.

3 Objects of the Association
3.1 To promote and protect the common rights and interests of the members of the Association relating to the use and enjoyment of the Property.

3.2 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.

4 Membership
4.1 Membership shall be open to all persons who are lessees holding under long leases of a (house or) flat in the Property but voting shall be restricted to one vote for each (house or) flat.

4.2 Membership of the Association shall terminate:

4.2.1 upon a member giving written notice to that effect to the Honorary Secretary.

4.2.2 upon a member ceasing to be a lessee of a (house or) flat at the Property.

4.2.3 upon failure by a member to pay the annual subscription in respect of that (house or) flat for three months after the same shall become due and payable.

4.3 Membership of the Association shall be confirmed upon the payment of the first subscription and formal acceptance by the proposed member of the rules and constitution of the Association.

4.4 A copy of this constitution shall be given to each member.

4.5 The Committee may at its discretion extend associate membership to any other person or persons resident on 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.

4.6 Neither the Landlord, the Landlord's representative, any company controlled by the Landlord nor any employee of the Landlord shall be a member or associate of the Association.

5 The Officers
5.1 The Officers of the Association shall comprise a Chairman, Honorary Secretary and Honorary Treasurer who shall be members of the Association.

5.2 The Officers shall be elected annually at the Annual General Meeting and shall serve for one year but may be re-elected.

6 The Committee
6.1 The Committee of the Association shall consist of not less than (three) nor more than (five) members of the Association and the Officers of the Association.

6.2 The Committee members shall serve for three years and shall retire in rotation. Retiring Committee members may be re-elected without re-nomination.

6.3 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.

6.4 A quorum for any meeting of the Committee shall be at least (3) of whom at least two must be Officers.

6.5 The Committee shall implement the objects of the Association and the resolutions of the Association.

7 Elections
7.1 The election of the Officers and Committee shall take place at the Annual General Meeting.

7.2 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 Honorary Secretary fourteen days prior to the Annual General Meeting and shall include the written consent of the nominee.

7.3 The Committee shall be empowered to fill any casual vacancy occurring on the Committee or among the Officers and any person so appointed shall serve until the next Annual General Meeting of the Association.

8 Finances
8.1 The financial year of the Association shall end on _ _ _ _ _ _ _ _ in each year.

8.2 Accounts shall be prepared for the Association each year and these shall be audited in accordance with proper audit practice.

8.3 Auditors shall be appointed at the Annual General Meeting. Officers and Committee members shall not be eligible for appointment as auditors.

8.4 The Accounts shall be ratified by the Association at the Annual General Meeting.

8.5 The property and funds of the Association shall be held and administered by the Committee.

8.6 A resolution of the Committee shall be sufficient authority for payments or the incurring of liability for payments up to a limit not exceeding ( ) 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.

8.7 A banking account shall be opened in the name of the Association and all cheques shall be signed by an Officer and countersigned by a member of the Committee.

8.8 The annual subscription of the Association shall be decided for the ensuing year at the Annual General Meeting but shall not be altered save by a two-thirds majority of the members attending such a meeting.

9 Meetings
9.1 The Annual General Meeting of the Association shall be held not later than three months from the end of the financial year.

9.2 An Extraordinary General Meeting of the Association shall be convened at any time by the Honorary Secretary either upon the written instructions of the Committee or upon a written request signed by no fewer than (ten) members of the Association.