ADAA By-laws

All previous By-Laws rescinded

Register No 6127R

 

BY LAWS OF THE

ALDERSHOT AND DISTRICT ALLOTMENT ASSOCIATION LTD

CHURCH ROAD ALLOTMENT SITE

2018

General

1.1 Throughout these Bylaws the words The Committee mean those members who are elected at the Annual General Meeting of the Association and who are empowered to implement the Bylaws.

1.2 The Committee has the sole right to manage the site and each tenant is bound by the decision of The Committee.

2 Tenancy Provisions

2.1 All new tenants will be subject to a trial period of twelve months. Should any extenuating circumstances arise during the trial period, The Committee may extend the period as required.

2.2 All tenants must be members of the Association and will hold one share. No tenant is allowed to sublet or assign or part with possession of the whole or any part of their allotment.

2.3 Allotments will be let on a yearly tenancy, commencing 1st January and terminating on 31st December. Allotments not paid for by 1st February, one month after the due date, will be deemed vacant and The Committee will re-let the plot without further notice

2.4 All tenants must reside within the area of Aldershot, Badshot Lea, Ash and Tongham. A tenant who moves out of this area will not be allowed to renew their tenancy. In exceptional cases where this provision would cause unfairness The Committee may exercise its discretion and waive the Bylaw.

2.5 The tenant must inform The Committee immediately of any change of address.

2.6 The Committee has the right to make a special stipulation in respect of any tenancy. All cases of dispute between tenants must be referred to The Committee in writing and failing agreement will be dealt with under Rule 55 (arbitration).

2.7 A tenant on giving up their allotment for any reason must remove all structures and crops from site if required to do so within 10 days from the expiration of their tenancy. Any items left on site after this time will be disposed of as considered necessary by The Committee.

3 Cultivation and Plot Use

3.1 The tenant must use their allotment only for the cultivation of vegetables, herbs, fruit crops or flowers in accordance with Allotments Act 1950 and for personal use by the tenant and their family.

3.2 All allotments must be kept clean and maintained in a good state of full cultivation and fertility throughout the year. This means keeping the plot in good productive order by the maintenance and improvement of the soil, the control and prevention of weeds and the growing of crops and other plants.

3.3 An area that is annually cleared of weeds yet remains uncropped or unplanted during any one year will be considered as non-cultivated. The whole plot must be kept safe, tidy and free from flowering weeds.

3.4 The tenant is responsible for maintaining the plot identification marker which must be in place and visible at the end of their allotment.

4 Paths and Roads

4.1 The tenant must look after, for example trim and cut regularly, the edges of the footpaths next to their allotment. Footpaths between plots must be maintained so that the width of the path is 60cm (2ft). Where the allotment is situated next to a boundary ditch, hedge or fence the tenant must leave a 90cm (3ft) wide area free from obstruction to allow maintenance work to be carried out safely.

4.2 The tenant must keep all footpaths and roadways adjacent to their allotment free of any obstruction including refuse, metal, glass, stones, overhanging trees and shrubs or crops.

4.3 Space has been provided for car parking and vehicles should not be left so as not to obstruct the roadway from the site entrance to the main car park. Vehicles may be parked on the two side roads provided that space of at least 45cm (‘l8ins) is left unobstructed on the East side of the road to allow pedestrians to pass.

4.4 A vehicle may remain temporarily on the main roadway near to a tenant’s allotment for loading and unloading but the vehicle must be moved to a parking area as soon as possible.

4.5 Any accident or damage caused by or to a vehicle parked on the site is the responsibility of the tenant/owner.

4.6 Any structure on the plot must be at least 15cm (6in) from a path or roadway and should not have sharp edges or points. A shed must also meet the further requirements referred to in 5.3 below.

5 Trees, Sheds and Other Structures

5.1 No building of any kind, fence, hedge or tree (excluding fruit trees and bushes) may be erected or planted on site without the consent in advance of The Committee.

5.2 Fruit trees and bushes may be planted but they must not exceed a height of 3.5 metres (11ft 6in) when fully grown and must not overhang the footpath.

5.3 Tenants wishing to erect a shed/polytunnel on site must complete an application form and comply with the instructions contained in that form. A copy of the application form is included in the appendix and further copies are available from The Committee.

Approval to erect a shed/polytunnel will be valid for twelve months.

5.4 The Association will not accept any responsibility for sheds or other structures erected on site.

6 Water, Bonfires and Other Restrictions

Note bonfires are not allowed between 1st March and 31st October.

6.1 Tenants may use the water supply available around the site for filling watering cans or other containers but the use of hosepipes is not permitted. This water is not suitable for consumption. A supply of drinking water is available from the tap so marked by the toilet block.

6.2 The lighting of bonfires is at the sole discretion of the tenant who should make certain that the bonfire is not causing a nuisance to surrounding neighbours or other plotholders. Tenants must be aware of the limitations of the Allotment Association’s insurance policy which are as follows:-

a.) Any fire must be in a cleared area at least 10 metres from any property.

b.) Fires must be attended at all times.

c.) A suitable means of extinguishing the fire must be on hand whilst the fire is alight

d.) Any fire must be completely extinguished at least one hour before the tenant leaves the site.

6.3 Smoke from a bonfire which could cause a nuisance to neighbours, interfering with use and enjoyment of their garden or property, or affect the comfort or quality of life of the public, could result in action under the Environment Protection Act 1990. Any legal action resulting from nuisance will be directed to the tenant who will be held responsible for any financial loss the Association may suffer.

6.4 A member of The Committee can at any time ask a tenant to extinguish their bonfire.

6.5 The tenant must not:

a.) Use carpet as a weed suppressant

b.) Use razor or barbed wire

c.) Use their allotment for residential purposes

d.) Use weedkiller or herbicides on any path

e.) Hold firework displays on site

6.6 Any dogs brought to site must be kept on a lead. Tenants will be responsible for any damage to allotments or to produce caused by their dog. All dog excrement must be bagged up and taken away from site by the dog owner.

7 Waste Material and Pollutants

7.1 Fly tipping or illegal dumping of any material on an allotment or any other part of the site is not permitted. Abuse will result in tenancy termination and possible prosecution.

7.2 Tenants must not bring on to site any polluting materials such as tyres, foam backed carpet or underlay and asbestos. This may be treated as illegal disposal of waste and dealt with under the law that relates to disposal of hazardous waste.

7.3 Any asbestos found on site should be notified to The Committee who will arrange for safe removal and disposal.

8 Site Safety, Security and Duty of Care

8.l Tenants must ensure that potentially dangerous material such as broken glass and sharp metal does not present a hazard or cause injury to anyone entering their allotment.

8.2 The tenant must keep in a safe condition any structure (shed, fruit cage, compost bin etc.) on their allotment and in particular must remove and dispose of any wood with protruding nails.

8.3 The tenant must use and dispose of pesticides, weedkillers and other noxious substances according to the manufacturer’s instructions. They should be kept in a secure place or removed from site when not in use.

8.4 The tenant must lock away all garden tools when not in use or remove them from site.

8.5 Use of machinery on site is at the tenant’s own risk and manufacturer’s instructions must be adhered to. Tenants using the tool storeroom do so at their own risk and all tools must be labelled with the owner’s name and plot number.

8.6 Petrol used on site by tenants must be kept in the correct container securely sealed and labelled with the owner’s name and plot number.

8.7 Tenants using the manure or chippings delivered to site do so at their own risk. For safety reasons it is important that hands are protected when handling manure. The Association will not accept liability for any problems arising from use of manure or chippings delivered to site.

8.8 Tenants must notify The Committee of any rodents e.g. rats seen on site.

8.9 A tenant must report any accident to The Committee in writing.

8.10 Tenants must ensure that any pond on their allotment is located well away from footpaths and roadways, is clearly visible and is protected with a rigid mesh cover.

8.11 Tenants bringing children to site must supervise them at all times to ensure that they are safe and do not cause a nuisance to other plot holders.

8.12 Tenants must lock any gate on entering or leaving the allotment site except that during office opening hours (0930 to 1230 Sunday mornings) the main vehicle gate will remain open for access to the shop by other allotment associations.

8.13 The Committee has the power to expel, without notice and without compensation, a tenant shown lo have stolen any item from the allotment site or to have caused wilful damage to any allotment or structure on the site.

8.14 Any tenant using physical or verbal abuse or threatening behaviour in response to a lawful action by a member of The Committee will be evicted from their allotment(s).

8.15 Tenants have a duty of care to everyone including visitors, trespassers and themselves.

9 Observance of the Bylaws

9.1 All tenants must conform to and observe the foregoing conditions and assist The Committee to enforce them, to ensure safe and pleasant allotment gardening for all.

9.2 Plots will be inspected each month and a letter will be sent to those tenants who are not complying with these Bylaws. Examples of these letters are included in the Appendix.

9.3 A tenant who refuses to comply with any Bylaw will have their tenancy reviewed by The Committee and the tenancy may be terminated.

Appendix

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