A.   Name

The name of the Association is the Montreal Park Residents’ Association (“the Association”).

B.   Administration

Subject to the matters set out below the Association and its property shall be administered and managed in accordance with this constitution by the members of the Executive Committee, constituted in clause G of this constitution (“the Executive Committee”).

C.   Objects

The objects (“the Objects”) of the Association are: -

(i)      To preserve and improve the amenities of Montreal Park (which area is defined as Marlborough Crescent, Lyndhurst Drive and The Close in the Parish of Riverhead in Sevenoaks Kent);

(ii)      To foster and encourage the growth of the community spirit among the residents of Montreal Park;

(iii)     To take up with the appropriate authorities as necessary all matters appertaining to Montreal Park and district.

D.   Powers

In furtherance of the Objects but not otherwise the Executive Committee may exercise the following powers:

(i)      Power to raise funds and to invite and receive contributions provided that in raising funds the Executive Committee shall not undertake any substantial trading activities and shall conform to any relevant requirements of the law;

(ii)      Power to co-opt any additional person(s) as members of the Executive Committee without the necessity of an election, as required, and to appoint sub-committees from any members of the Association, as may from time to time be required;

(iii)     Power to appoint any person(s) to supervise, organise and carry out the work of the Association;

(iv)     Power to co-operate with other voluntary bodies and statutory authorities operating in furtherance of the Objects or of similar purposes and to exchange information and advice with them;

(v)      Power to do all such other lawful things as are necessary for the achievement of the Objects;

(vi)     Power to expend Association and Neighbourhood Watch funds as the Executive Committee may deem fit.

E.   Membership

(1)     Membership of the Association shall include participation in the Neighbourhood Watch scheme and be open on a ‘per property’ basis to any owner or occupier of such property in Montreal Park and resident there being over the age of 18 years and who has paid the annual subscription set by the members at the annual general meeting.

(2)     Every household shall have one vote.

F.    Honorary Officers

The Honorary Officers of the Association shall comprise a chairman, a secretary and a treasurer.

G.  Executive Committee

(1)    The Executive Committee shall consist of not less than 4 members nor more than 10 members being:

(a)    The honorary officers specified in the preceding clause;

(b) 1 representative for Marlborough Crescent North (Nos. 80 – 116 and 119 – 175)

1 representative for Marlborough Crescent South (Nos. 1 – 57 and 2 – 38)

1 representative for Marlborough Crescent Central (Nos. 40 – 78 and 59 – 117)

1 representative for Lyndhurst Drive West (Nos. 14 – 58 and 19 - 61)

1 representative for Lyndhurst Drive East (Nos. 1 – 17 and 2 – 12) and The Close (Nos. 1 – 19 and 2 – 18).

The Neighbourhood Watch Co-ordinator

provided that no more than one member per household shall serve on the Executive Committee at any one time.

(2)     The Executive Committee may in addition appoint co-opted members as necessary.  Co-opted members shall not be entitled to vote at meetings of the Executive Committee.

(3)     The chairman shall retire from office immediately preceding the election of chairman at the annual general meeting next after the date on which he/she came into office but may be re-elected.  The chairman elected at the annual general meeting shall take up office immediately following his/her election.

(4)     All other members of the Executive Committee shall retire from office together at the end of the annual general meeting next after the date on which they came into office but they may be re-elected or re-appointed.

(5)     The proceedings of the Executive Committee shall not be invalidated by any vacancy among their number or by any failure to appoint or any defect in the appointment or qualification of a member.

(6)     Nobody shall be appointed as a member of the Executive Committee who is under the age of 18 or who has not paid the annual subscription.

H.  Meeting and Proceedings of the Executive Committee

(1)     The Executive Committee shall hold at least three meetings each year.

(2)     The chairman shall act as chairman at meetings of the Executive Committee.  If the chairman is absent from any meeting, the members of the Executive Committee present shall choose one of their number to be chairman before any other business is transacted.

(3)     There shall be a quorum when at least one third of the number of members of the Executive Committee for the time being or four members of the Executive Committee, whichever is the greater, are present at the meeting.

(4)     Every matter shall be determined by a majority of votes of the members of the Executive Committee present and entitled to vote but in the case of equality of votes the chairman of the meeting shall have a second or casting vote.

(5)     The Executive Committee shall keep minutes of the proceedings at meetings of the Executive Committee and any sub-committee.

(6)     The Executive Committee may from time to time make and alter rules for the conduct of their business, the summoning and conduct of their meetings and the custody of documents.  No rule may be made which is inconsistent with this constitution.

(7)     The Executive Committee may appoint one or more sub-committees for the purpose of making an inquiry or supervising or performing any function or duty which in the opinion of the Executive Committee should be more conveniently undertaken or carried out by a sub-committee: provided that all acts and proceedings of any such sub-committees shall be fully and promptly reported to the Executive Committee.

I.      Receipts and Expenditure

The funds of the Association, including all donations contributions and bequests, shall be paid into an account operated by the Executive Committee in the name of the Association at such bank as the Executive Committee shall from time to time decide.  All withdrawals from the account must be signed by at least two of the three designated members of the Executive Committee. 

J.     Accounts

(1)   The Executive Committee shall comply with their obligations to:

(a)    the keeping of accounting records for the Association;

(b)   the preparation of annual statements of account for the Association;

(c)    the auditing or independent examination of the statements of account of the Association.

(2)   The treasurer shall be responsible for undertaking tasks (a) and (b) above on behalf of the Executive Committee.

(3)   The accounting year shall run from 1st April to 31st March.

K.  Annual General Meeting

(1)    There shall be an annual general meeting of the Association which shall be held in the month of April in each year or as soon as practicable thereafter.

(2)    Every annual general meeting shall be called by the Executive Committee.  The secretary shall give at least 14 days’ notice of the annual general meeting to all members of the Association.  All the members of the Association shall be entitled to attend and vote at the meeting, subject to clause E(2).

(3)    The Executive Committee shall present to each annual general meeting for approval the report and accounts of the Association for the preceding year.

(4)     The members shall set the annual subscription payable for the coming year.

(5)     An election shall be held from amongst the members for the Honorary Officers and other members of the Executive Committee.

(6)     Nominations for election to the Executive Committee must be made by members of the Association in writing and must be in the hands of the secretary at least 7 days before the annual general meeting.  Nominations for a particular post on the Executive Committee shall only be accepted at the meeting if no other nomination for the position has been received by the secretary by the due date or have subsequently been withdrawn.  Should nominations exceed vacancies, election shall be by ballot or a show of hands.

(7)     The members shall elect an Honorary Auditor for the coming year.

L.   Special General Meetings

The Executive Committee may call a special general meeting of the Association at any time.  If at least ten members of the Association request such a meeting stating the business to be considered the secretary shall call such a meeting subject to having been given 21 days' notice.  A notice of the special general meeting stating the business to be discussed must be issued to members giving them at least 14 days’ notice.

M. Procedure at General Meetings

(1)    The chairman shall act as chairman at a general meeting.  If the chairman is absent from any general meeting, the members present shall appoint another member of the Executive Committee as chairman before any other business is transacted.

(2)    The secretary or any other person specially appointed by the Executive Committee shall keep a full record of proceedings at every general meeting of the Association.

(3)    Save as provided in clauses P and Q every matter shall be determined by a majority of votes of the members present and entitled to vote on the question but in the case of equality of votes the chairman of the general meeting shall have a second or casting vote.

(4)    Members from at least 20 households need to be present at a general meeting in order to constitute a quorum.

N.   Notices

Any notice required to be served on any member of the Association shall be in writing and shall be served and deemed to have been so served by the secretary or the Executive Committee on any member either personally by hand or by email (to his or her last known e-mail address) or by sending it through the post in a prepaid letter addressed to such member at his or her last known address in the United Kingdom, and any letter shall be deemed to have been received within 10 days of posting.

O.  Alteration to the Constitution

The constitution may be altered by a resolution passed by not less than two-thirds of the members present and entitled to vote at a general meeting.  The notice of the general meeting must include notice of the resolution setting out the terms of the alteration proposed.

P.    Dissolution

If the Executive Committee decides that it is necessary or advisable to dissolve the Association it shall call a meeting of all members of the Association, of which not less than 21 days’ notice (stating the terms of the resolution to be proposed) shall be given.  If the proposal is confirmed by a two-thirds majority of those present and entitled to vote the Executive Committee shall have power to release any asset held by or on behalf of the Association.  Any assets remaining after satisfaction of any proper debts and liabilities shall be returned to fully paid up members pari passu or donated to a charity if so voted upon by a two-thirds majority of those present and entitled to vote.

This constitution was adopted on the date mentioned above by the persons whose signatures appear at the bottom of this document.