GCRA Constitution

First published in 1984, amended 1993 and 2021

1.     TITLE

The name of the Association shall be ‘’Glenogle Court Residents Association’’ (hereinafter referred to as ‘’the Association’’).

 

2.    OBJECTS

The objects of the Association shall be to promote and develop the common interests of the residents in and the owners of the properties situated at Glenogle Court, Edinburgh (being the area delineated on the attached plan), and as ancillary thereto:-

(i) To maintain the common land at Glenogle Court, excluding the whole of any such land for which a Local Authority has assumed a statutory responsibility.

(ii) To preserve and improve (and encourage the preservation and improvement of) the amenity of Glenogle Court.

(iii) To encourage and promote social and recreational activity among the residents of Glenogle Court.

(iv) To accumulate and disburse funds in the furtherance of the objects of the Association.

(v) To arrange, organise or join in any meeting, course or other activity calculated to further the objects of the Association.

 

3.    AFFILIATION

The Association shall affiliate to, join or otherwise make an arrangement with any body if the members of the Association decide in a General Meeting that the interests of the Association will be better served by such an affiliation or other arrangement.

 

4.    MEMBERSHIP

(i) Ordinary Membership

All residents in and owners of properties situated at Glenogle Court shall be members of the Association subject to a maximum of one membership per household. On the sale or change of ownership of a property in the said Glenogle Court, the member shall inform the new proprietor/tenant of the existence of the Association to ensure that all owners are aware of their legal requirement under the Deed of Conditions to maintain jointly the amenity and other areas in joint ownership. Notwithstanding the foregoing, an ordinary membership may be tenable in the names of more than one person. Each ordinary membership shall entitle the holder(s) to one vote at meetings of the members of the Association.

(ii) Honorary Membership

The members of the Association may admit as Honorary members any persons on such conditions as the Members may from time to time decide in General Meetings. Honorary members shall not be entitled to vote at meetings of the Members of the Association or take part in the management of the Association.

(iii) Subscriptions

The initial subscription for ordinary membership shall be fixed at the inaugural meeting of the Association and shall be payable on joining the Association. Future annual subscriptions shall be payable by the due date on the invoice (normally 30 days after receipt).

The subscription may be varied by resolution of a General Meeting of members of the Association.

 

5.    MANAGEMENT

(i) Officers

The officers of the Association shall be elected at the Annual General Meeting of the members of the Association and shall be Chair, Secretary and Treasurer.

(ii) Management Committee

Management of the Association’s affairs between general meetings of the members of the Association shall be conducted by a Management Committee. The Management Committee shall consist of the officers and members to be elected at the Annual General Meeting of the members of the Association. If less than two other members are elected, the Management Committee shall have power to co-opt and to fill any vacancy occurring during the year. No business shall be conducted by the Management Committee unless a quorum of three is present. The Management Committee shall meet not less than two times between Annual General Meetings and shall do so in any event whenever any two members of the committee so request by written notice to the Secretary.

(iii) Other Committees

The Management Committee shall have power to appoint sub-committees to deal with specific matters and to delegate to them such power as may be necessary. The sub-committees shall have power to co-opt additional members. The officers of the Association shall be ex-officio members of all sub-committees. A report of the proceedings of any sub-committee meeting shall be submitted to the Management Committee who will consider and, if appropriate, confirm any decisions reached by the sub-committee.

(iv) Secretary

The Secretary shall summon with due notice meetings of the Members of the Association and of the Management Committee and shall cause adequate records of their proceedings to be kept and distributed to each Member of the Association. They shall hand over to the Treasurer all monies received by them on behalf of the Association. Between meetings of the Management Committee they shall be responsible, in consultation with the Chair, for the conduct of the Association’s business.

(v) Treasurer

The Treasurer shall be responsible for the funds of the Association and shall maintain accounts of all sums received and expended. They shall prepare a statement of income and expenditure and a balance sheet after the close of business on the 30th of September each year and shall cause copies of these documents to be distributed to each member of the Association together with the material for the AGM.

 

6.    INDEPENDENT EXAMINER

One independent examiner, who shall not be a member of the Management Committee, shall be elected at the Annual General Meeting of the members of the Association, or be appointed by the committee (for example, if a current independent examiner resigns or becomes too ill to carry out this function). The independent examiner shall at all times have access to the records and accounts of the Association, and shall examine and check the Association’s financial statement before its presentation to the Annual General Meeting of the members of the Association.

 

7.    FINANCE

(i) Financial Year

The financial year of the Association shall end each year on the 30th of September.

(ii) Receipts

All monies received for or on account of the Association shall be paid to the credit of the Association’s banking account (and/or a reserve fund in a suitable interest-bearing account). The funds of the Association shall be invested in the name of the Association. Members may decide the maximum level of the reserve at an AGM.

(iii) Payments

Cheques drawn on the Association’s banking account shall be signed by two members of the Management Committee, one of whom shall be the Treasurer.

(iv) Sanction of Expenditure

No liability exceeding thirty pounds may be incurred without the prior sanction of the Management Committee.

 

8.    ANNUAL GENERAL MEETING

An Annual General Meeting shall be held once in every year before the end of November.

Any ordinary member of the Association may submit a motion for consideration by the Annual General Meeting. All such motions, including proposals for change in the rules, must be in writing and received by the Secretary not later than 7th October. Those propositions shall be included on the agenda of the Annual General Meeting and shall be circulated by the Secretary (together with the annual report of the Management Committee, the statement of accounts and the independent examiner’s report) to all members of the Association at least 21 days prior to the meeting.

The business of the meeting shall be:

(a)  To consider the report of the Management Committee for the past year.

(b)  To consider the accounts and the independent examiner’s report for the past year and to fix the annual subscription for the coming financial year.

(c)   To elect for the ensuing year officers and other members of the committee as defined in paragraphs 5(i) and (ii) above.

(d)  To consider such other business as specified in the Notice convening the meeting.

 

9.    SPECIAL GENERAL MEETING

The Management Committee may convene a Special General Meeting whenever it thinks fit and shall do so whenever ten or more persons who are ordinary members of the Association have jointly or severally forwarded their signed request to the Secretary, stating the object of the meeting. Within fourteen days of the receipt of such a notice, the officers shall decide the date, time and place of the meeting and the Secretary shall notify the members of the Association accordingly. If the officers fail to do so, the persons requesting the meeting may themselves convene the meeting.

The Special General Meeting shall be held within one month of the date of the receipt of the request for such a meeting to be convened. The purpose of the Special General Meeting must be stated in the Notice convening the meeting, and only those and directly consequential matters will be discussed.

 

10.  GENERAL MEETINGS

(i) Notice

The proceedings of a General Meeting will be valid even if due notice of the meeting has been given to but not received by a member.

(ii) Quorum

The quorum for General Meetings shall be Twenty persons entitled to vote, and no business shall be transacted unless a quorum is present.

(iii) Chair

If the Chair of the Association is not present at a General Meeting, then the meeting shall elect a Chair. If the Chair arrives during the meeting, they shall occupy the Chair at the conclusion of the item being discussed.

(iv) Motions

Any person may address the meeting, but a motion or an amendment to a motion must be proposed and seconded by persons entitled to vote. Unless otherwise specified, a simple majority is required to effect a resolution. If there is a tie the Chair has a second or casting vote.

 

11. MISCELLANEOUS

(i) Interpretation of rules

In any case of doubt as to the meaning of applicability of a rule, the decision of the Chair shall be final.

(ii) Amendment of Rules

No new rule shall be made nor shall any rule be amended or rescinded unless notice of the proposed change has been given on the agenda paper of a General Meeting and the proposal has received the assent of at least two-thirds of the members present and entitled to vote at such a meeting.

(iii) Regulations

The Management Committee shall have the power to make such regulations as are not inconsistent with these rules to cover any matter arising in the management of the Association.

(iv) Surrender of books, etc.

Officers or Members of the Association having custody of any books, documents, records, property or monies belonging to the Association shall, on request, surrender them to the Management Committee. They shall also, at any time, produce them for inspection by the Secretary or other person authorised by the Management Committee.

(v) Dissolution of the Association

The Association may be dissolved by a resolution of a General Meeting, provided that:

(i) Notice of the motion to dissolve has been given by the Secretary to all members of the Association in accordance with paragraph 8 or 9 of the Constitution.

(ii) Such motion shall not be held to be passed unless carried by a majority vote of at least two-thirds of the members present and entitled to vote at such a meeting.

If, after payment of all debts, any funds or property remain, such assets shall be distributed pro rata among those holding ordinary membership by subscription.