IN ORDER TO QUALIFY FOR AFFILIATION TO A.C.R.A., CONSTITUTIONS MUST CONTAIN THE FOLLOWING PROVISION: THE ASSOCIATION SHALL BE NON-PARTY-POLITICAL AND NON SECTARIAN
The document below is a sample Constitution, representing the type of Constitution necessary to effectively found a local Residents' Association. It is meant as a guideline only, and may be amended to suit the individual circumstances as necessary.
XXXXX RESIDENTS' ASSOCIATION
The name of the Association shall be XXXXX Residents’ Association.
The objectives of the Association are to protect and improve conditions and amenities in the area for the benefit of members and their families.
Membership is open to all householders in the area of (define geographical limits). Any such householder, having paid their annual subscription, shall be deemed to be a member
The annual subscription shall be € XXXXX per household, or such sum as shall be fixed from time to time at a General Meeting, and shall be due on the first day of XXXXX in each year and must be paid within 30 days.
The Committee shall be composed of a Chairperson, Hon-Secretary, Hon-Treasurer and XXXXX members, and shall be elected each year at the Annual General Meeting. In the event of a person leaving the area or resigning from the Committee, the remaining committee shall co-opt another member to fill the position.
An Officer shall not hold the same office for longer than XXXXX years.
An Officer or committee Member who absents him or herself from XXXXX consecutive meetings or committee without valid excuse shall be deemed to have resigned from the Committee.
A person who holds any elective position in local or central government shall not be eligible for election to the committee, and any committee member wishing to contest such elections must first resign from the committee.
Two ordinary members of the Association, not being related to any committee member, shall be elected at the AGM as Hon-Auditors of the Association.
The general management of the affairs of the Association shall be vested in the committee, who shall perform all such acts, as may be deemed necessary or expedient to further the objects of the Association.
The Association shall have a banking account(s) into which all monies received shall be lodged. All cheques shall be signed by the Hon-Treasurer, as well as by the Chairperson or Hon-Secretary.
The account of the Association shall be closed for audit purposes on the last day of XXXXX in each year.
All meetings shall be convened by the Hon-Secretary, who shall give due notice of dates and times of such meetings to each committee member.
Any XXXXX committee members, by giving written notice to the Hon-Secretary, may call a meeting.
A quorum for committee meetings shall be XXXXX members, including at least one officer. The Hon-Secretary shall keep minutes of meetings and records of attendance.
ANNUAL GENERAL MEETING
The Annual General Meeting of the Association shall be held during the month of XXXXX each year. Notice, in writing, must be given to every paid member at least 7 days prior to the meeting.
All members of the Association may submit motions for discussions at the AGM. Such motions must be received by the Hon-Secretary not later than XXXXX days/weeks prior to the meeting.
SPECIAL GENERAL MEETING
A Special General Meeting may be called by the committee or by requisition signed by not less than XXXXX ordinary members of the Association, delivered to the Hon-Secretary, who in turn must call such a meeting within XXXXX weeks from the date or receipt of such requisition. Only the business stated in the requisition may be debated at the Special General Meeting, and details of the said business should be included in the notice of meeting sent to all members.
VOTING RIGHTS AND OUORUM
A quorum for an Annual or Special General Meeting shall be XXXXX members. If a quorum is not reached, the meeting shall be re-convened and all members informed of the new date and venue. Those present at a re-convened meeting shall constitute a quorum.
At all General Meetings, each member household will have one vote only.
Voting at all General Meetings shall be by show of hands, except when a ballot is demanded, and a simple majority supports such demand.
The Association may be dissolved only by the vote of not less than - XXXXX % present at a Special General Meeting called for that purpose. An audited financial report shall be presented at such meeting. The dissolution will not be effected until assets are disposed of and liabilities discharged. In the event of insufficient funds to clear liabilities, the existing members shall contribute the deficiency, in equal shares.
All Officers of the Association shall be indemnified by the Association for any expenses incurred in executing their duties on behalf of, and on the direction of, the Committee of the Association.
ACCEPTANCE OF RULES
Membership of the Association shall imply the acceptance of each and all of these rules, and any additions and/or alterations, which may be agreed to at General Meetings.
The Committee for the time being shall have full power to decide any question for which no provision is made for in these rules, and shall be responsible for proposing the appropriate amendment at the earliest possible time.
AMENDMENT OF RULES
These rules shall not be amended, added to, or otherwise altered in any way, save with the consent of at least XXXXX % of the members present and qualified to vote at the Annual General Meeting or Special General Meeting called for that purpose in accordance with these rules.
Acra Residential Association