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Rules of the Estate
1. The name of the Association is the ‘Canons Park Estate Association’ [hereinafter called ‘the Association’]. 2. The objects of the Association are: a) The control, management and maintenance of the property owned by Surplus Lands [Canons] Limited ‘the Company’ all of which is owned by the Company as Trustee for the Association and includes the Seven Acre Lake (hereinafter called “The Lake”), the Basin, grass verges in Canons Drive, the pillars at the entrance to Canons Drive and garden area at the corner of Canons Drive b) The preservation and development of the amenities of the Estate as defined in Clause 3a. c) The promotion of social gatherings and spirit of neighbourliness. d) The furtherance of mutual interests of its members. 3a) Membership of the Association is open to occupants of each household on the roads of the Canons Park Estate (hereinafter called ‘the Estate’), being Canons Drive including Lodge Close, Canons Close, Powell Close, Handel Close, Rose Garden Close, Orchard Close, Chestnut Avenue, Dukes Avenue, Lake View, Cavendish Drive and Dorset Drive. b) All occupants of a household upon the Estate shall be deemed to be members of the Association and be entitled to the privileges of membership by payment of a single Annual Subscription to cover the household. 4a) Any member whose subscription is twelve months in arrears will be excluded automatically without notification from membership until all the arrears have been paid. These arrears can be waived in total or in part at the discretion of the Committee. b) Notice in writing shall be given to the Secretary before the end of the year by any member who wishes to resign. c) A member who ceases to be a resident on the Estate shall forthwith cease to be a member of the Association. d) Any person ceasing to be a member of the Association shall forfeit all rights and claims upon the Association and its funds and no part of the subscription shall be refunded. e) A member must be of at least three consecutive years standing to have any claim upon the Association and its funds or any other benefit in the event of a sale of any of its assets. Any such claim will be limited to one claim per household. 5a) The financial year of the Association shall be from the 1st January to 31st December in every year. The annual subscription (payable in advance), which shall fall due on the 1st January in every year, shall be such sum as may be approved at the Annual General Meeting of the Association held in the preceding year. In the case of a new resident joining the Association after 1st July, in any year the subscription for that year shall be one half the annual subscription. b) A reduced charge as agreed at the Annual General Meeting will apply to a member who pays by Standing Order and by the 31st January. 6a) The management of the Association shall be a committee (hereinafter called the Committee). The Committee shall consist of a Chairperson, Vice-Chairperson, a Secretary, a Treasurer, a Social Secretary and a maximum of six other members. All members of the Committee shall remain members of the Association throughout their membership of the Committee The Chairperson, Vice-Chairperson, Secretary and Treasurer are hereafter collectively referred to as the Officers. The Committee shall have power by a simple majority to co-opt not more than two additional members to sit on the Committee and such co-opted members shall have the power to vote on the Committee. b) The Officers shall hold their office and membership of the Committee from the date of their election to office until the following Annual General Meeting where they will retire and be eligible for re-election. Committee members shall be eligible for the office of Chairperson or Vice-Chairperson if they have served on the committee for at least one year in the preceding five years.
d) Officers or other members of the Committee may be removed or replaced by a simple majority at an Extra- Ordinary General meeting in the case of gross misconduct 7. The Committee shall meet at least once every two months to consider the financial position and to arrange the affairs of the Association. Minutes shall be taken at all the meetings of the Committee and shall be open to the inspection of any member of the Association applying to the Secretary giving reasons with reasonable written notice. The Committee shall have the discretion to exclude from the minutes specific items that relate to the affairs of individuals or might be detrimental to the Association. A maximum of the last two years minutes shall be available for inspection. 8. The Annual General Meeting of the Association shall be held in March each year for the following purposes : a) To receive from the Committee a report, balance sheet and statement of accounts for the preceding financial year and an estimate of the receipts and projected expenditure for the current financial year. b) To approve the subscription for the following year. c) To elect the Committee and the Officers. d) To appoint auditors for the current financial year. e) To decide on any change in the shareholders of Surplus Lands [Canons] Limited as trustees of the issued shares in the Company for the Association. f) To decide on the directors of Surplus Lands [Canons] Limited to be voted into office by the said Shareholders. No director shall be an officer or member of the Committee. There shall be a minimum of three directors. g) To decide on any resolution which may be duly submitted to the meeting as hereafter provided. h) Minutes of the Annual General Meetings shall be open to the inspection of any member of the Association applying to the Secretary with reasonable written notice.
All those persons nominated as Officers and/or members of the Committee must have been members of the Association for a minimum of six months immediately prior to the nomination. All nominations must be supported and signed by a proposer and seconder who must both be members of the Association of a minimum of six months standing and occupants of separate households. 10. Quorums and notices convening meetings shall be as follows: ANNUAL GENERAL MEETING: The quorum shall be members from 20 separate households and fourteen clear days written notice will be given. COMMITTEE MEETINGS: The quorum shall be four members which includes a minimum of one Officer and at least 24 hours written notice will be given. EXTRA-ORDINARY GENERAL MEETINGS: A minimum of seven days written notice at which the quorum shall be members from 20 separate households. SALE OR LEASE OF ANY OF THE ASSETS OF THE ASSOCIATION: The quorum shall be members from 150 seperate households or 51% of the members, whichever is the greater, and twenty one clear days notice will be given
a) by the Committee at its discretion on the above notice being given to all members. b) Upon receipt by the Secretary of a requisition signed by members from no less than 20 separate households: such requisitions to state the Resolutions to be proposed, which shall be the only business to be transacted at the meeting and to be given to the Secretary 14 days before the date of the proposed meeting. 12. At any meeting members are entitled to vote but such vote being restricted to one vote for each household. In the event of none of the occupants of the household being able to attend any meeting, the members of that household may give another member of the Association written authority to vote as that household’s proxy but the other member shall hold no more than one proxy vote in addition to his or her own. 13. At all meetings the decision of the majority shall be binding. The Chairperson shall have a vote, and in the event of a tie, a further or casting vote. 14. The shareholders referred to in Clauses 8 and 9 hereof shall be elected and the share of the Company shall be vested in them as trustees of the Association. The number of trustees shall not be more than 6 and they shall hold the shares and deal with them and exercise their powers as shareholders as directed by general meetings of the Association and shall be indemnified together with the Officers and members of the Committee against risk and expense by the Association. The shareholders shall not be officers or members of the Committee. They shall be elected by an Annual or Extra-ordinary General Meeting and shall hold the share until death or resignation unless required to transfer the shares by resolution of an Annual or Extra-ordinary General Meeting. The directors and shareholders of the Company, acting as trustees for the Association, shall not dispose of any asset of the Company without the passing of an appropriate Resolution at an Annual or Extra-Ordinary General Meeting of the Association as prescribed in these rules. No person shall be eligible to be or become a shareholder or director of the Company who does not : a) live on the Canons Park Estate, and b) belong as a Member in good standing to the Association for at least three consecutive years. 15. The Committee shall have the power to make regulations on any matter affecting the Association, other than these rules. The rules can only be altered at an Annual or Extra-ordinary General Meeting. 16. Members and their guests shall be bound by the rules of the Association and the regulations made by the Committee. Any member breaching the rules and/or regulations or who in the opinion of the Committee has been a party to conduct likely to endanger the welfare or pleasure of the Association, its members or the Committee may be called upon by the Committee to resign from the Association forthwith. Any member so called upon who does not resign within seven days shall at the end of that period cease to be a member of the Association. 17a) One key to the Seven Acre Lake will be loaned to each household having membership for a deposit of whatever sum is agreed upon by the Committee. The deposit shall be repayable upon return of the key and the key must by returned when membership ceases. Any person who has used the key to gain entrance to the Seven Acre Lake and is found doing damage or breaking the rules of the Association may be asked to forfeit the key. No keys may be given to guests or non-members except to those defined by the Committee. b) Access to the rear of the Basin is prohibited. 18. Fishing is permitted in the Seven Acre Lake by a member of the Association or if accompanied by a member or approved by the Committee but not in the Basin. Those permitted must hold a current National Rivers Authority Rod Licence and comply with their Bye-Laws and the rules of the Association Angling Club. 17. If facilities for Tennis and/or other activities become available, separate rules and subscriptions shall be made by the Committee and sub-Committees may be appointed for their management under the control of the Committee. 18. The Association shall not be responsible for any accident, loss or damage howsoever caused to person or property of any member, family or guest. ADDITIONAL REGULATIONS 1. Verges in Canons Drive ii) Builders’ materials, skips and suchlike may not be placed on the verges without the consent of the Committee. iii) Notices, such as Estate Agents’ boards, may not be placed on the land or attached to any tree on the land. iv) Drives and paths across the verges may not be widened or otherwise modified without permission from the Committee and obtaining planning consent. The land may not be planted with flowers, shrubs or trees, or otherwise cultivated. 2. Trees 3. Members are permitted to take guests around the Seven Acre Lake and are responsible for their behaviour. Guests may not be Estate residents who are not members of the Association. Unaccompanied guests are not allowed save in exceptional circumstances by permission of the Committee. 4. Intruders on Association property should be reported to the Police and a Committee Member. 5. Guns of any kind and other weapons are not permitted on Association land. 6. Bird-nesting is prohibited on Association land. Wild birds must not be molested at any time or disturbed when nesting. 7. Fishing or boating of any kind is not permitted on the Basin. 8. Boats may not be kept at the Lake. 9. Power propelled boats are not permitted on the Lake. 10. Members exercising dogs by the Lake and the Basin must keep them under control and on a lead and will be held responsible for any damage caused. Dogs should not be allowed to foul the footpaths or grass verges in Canons Drive or the Estate 11. Bicycles may not be ridden or taken round the Lake, but may be parked just inside the entrances at the owner’s risk. 12. Swimming is not permitted in the Lake or Basin. 13. Radios, tape-recorders, musical instruments or similar items may not be played by the Lake or Basin at such volume as to disturb other users or adjoining residents. 14. Members of the Association may hold private parties by the Lake subject to prior approval from the Committee giving 14 days notice in writing and stating the approximate number to attend which is limited to 30. These parties must terminate not later than 11.30pm. 15. Garden rubbish or other refuse must not be dumped on Association land and if in breach will be held responsible for the costs of removal. 16.a) Paths on Association land from adjoining properties may be constructed only with prior written approval from the Committee and must be removed if membership ceases. Such paths do not give any rights or ownership to any part of Association land and the householders shall enter into a Licence Agreement in a form approved by the Committee |
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