Constitution & Rules

Effective from: 1st April 2022
Revised: 16th November 2023

1. Name

1.1. The name of the association shall be the Leetham House Community Group, known as the “LHCG”.

2. Definitions

2.1. A Leaseholder (sometimes referred to as the Tenant or Owner) is the party, or parties jointly, who owns a 199-year lease on an apartment in Leetham House, York.

2.2. A Subtenant is the party, or parties jointly, who rents an apartment from a Leaseholder.

2.3. The Freeholders are the owners of Leetham House, its common parts and the Estate in which it is situated.

2.4. The Head Leaseholder is the body to whom the Freeholders have sold the head lease that includes the right to collect Ground Rent from the Leaseholders through its appointed agent.

2.5. The Managing Agent is the body to whom the Freeholders have contracted to manage the property and the Estate on their behalf, and who is the principal contact point for Leaseholders and Subtenants.

3. Aims and Objectives

3.1. To build a harmonious community through social events and organised activities.

3.2. To seek to maintain and improve the amenities in Leetham House, its courtyard garden, its Car Park, and its Estate.

3.3. To seek best value from the expenditure incurred by the Managing Agent using the Service Charge payments from Leaseholders.

3.4. To liaise with the Freeholders, the Head Leaseholder, the Managing Agent, and other agencies or bodies as appropriate, in order to achieve the aims and objectives of the association.

4. Membership

4.1. Full Membership shall be open to all Leaseholders (including joint leaseholders, spouses and civil partners), resident or otherwise, and will be deemed to start when a Leaseholder has agreed to be added to the association’s leaseholders' mailing list.

4.2. Associate Membership shall be open to all Subtenants and will be deemed to start when a Subtenant has agreed to be added the association’s residents’ mailing list.

4.3. Full Membership or Associate Membership shall terminate:

  1. Upon a Full Member or Associate Member requesting to be removed from all mailing lists.
  2. Upon a Full Member or Associate Member ceasing to be a Leaseholder or Subtenant.

5. Organisation

5.1. The management will be vested in a Committee elected from Full Members, in a process described in sections 7 and 8.

5.2. The Committee shall comprise: 

  1. The Chair, who will chair Committee Meetings and act as spokesperson on behalf of the association when necessary. For the avoidance of doubt, the Chair will not make decisions on behalf of the Committee.
  2. A Vice-Chair, who will act as Chair should the Chair be unavailable or decline to act. The Vice-Chair may be one of the other Officers, or an elected committee member appointed by the Committee.
  3. The Secretary, who will be responsible for the association's organisation and membership, including being the custodian of its mailing lists, arranging meetings, taking minutes, and be the first point of contact for correspondence.
  4. The Treasurer, who will be responsible for the association's income and expenditure, including (when necessary) seeking approval from the Committee.
  5. At least two, additional, but not more than seven, Full Members.

5.3. The total number of committee members elected at an Annual General Meeting will be the number of committee members with voting rights for the mandate period.

5.4. The election of the Committee shall take place every two years, from November 2021, at the Annual General Meeting (AGM). Nominations shall be proposed and seconded by two Full Members and voting shall be by the Full Members, either present at the meeting or having given written authority to the Chair to vote on their behalf.

5.5. Membership of the Committee, including Officers, shall terminate:

  1. Upon an Officer or committee member missing more than three consecutive meetings (virtually or in person), unless they send their apologies to the Committee in advance.
  2. Upon at least two thirds of the committee members agreeing, by a vote, that an Officer or committee member is failing to carry out his/her duty.

6. The Committee

6.1. The Committee shall be responsible for the management of the association, taking direction from the General Meetings where given.

6.2. Committee members are expected to adopt a role. The roles and allocation of roles are decided by the elected committee. Examples of the responsibilities of such roles may include (but are not limited to) social activities, Managing Agent liaison, reviewing service charge expenditure and annual budgets, and communication.

6.3. The Committee shall be empowered to fill any vacancy occurring on the Committee or among the Officers for the remainder of its term of office. It shall also be empowered to co-opt extra committee members as appropriate.

6.4. The Committee shall comprise of two sub-committees:

  1. Leaseholder Sub-Committee to represent all leaseholders, resident or not, which shall have its own mailing list.
  2. Resident Sub-Committee to represent all residents, including both leaseholders and subtenants, which shall have its own mailing list.

6.5. The Committee shall meet as and when required but at least three times each year, its quorum consisting of a simple majority of committee members, at least one of whom shall be an Officer.

6.6. Each committee member shall have a single vote. In the event of multiple committee members representing the same apartment being present for a vote, those additional committee members will not have a voting right or count towards the quorum. In the event of any multiple representation, including an Officer, Officers take precedence over regular committee members in deciding who has a voting right.

6.7. The Committee may invite other interested parties, including the Managing Agent, to attend its meetings where beneficial to its operation.

6.8. Committee meetings, unless specially called in camera to discuss legal or personal issues, shall be open to any Full Member who wishes to observe.

7. General Meetings

7.1. The Annual General Meeting will be open to Full Members only and shall be held between 1 August and 30 November in each year (the financial year for the Service Charge commences on 1 July and the date of the AGM is intended to enable the financial statements for the preceding year to be presented). Reports will also be presented by the Officers covering the preceding year’s work of the association.

7.2. A further General Meeting of the association may be convened at any time by the Secretary.

7.3. An Extraordinary General Meeting may be convened at any time by the Secretary, either upon the instruction of the Committee, or at the written request signed by no fewer than 10 Members.

7.4. Any General Meeting (whether annual or extraordinary) must be convened upon 28 days’ notice being given to Full Members, by means of the electronic and written list of Leaseholders maintained by the Managing Agent.

7.5. Seven days’ notice in writing must be given to the Secretary of any resolution to be moved at any General Meeting unless such resolution is admitted by the Chair at the Meeting. 

7.6. A notice containing all resolutions and nominations to be moved, with the names of those proposing and seconding each resolution or nomination, shall be kept by the Secretary and be available for inspection upon request by any Full Member for seven days before the General Meeting. 

7.7. Minutes of all General and Committee Meetings shall be taken and shall be circulated to all Full Members.

8. Voting

8.1. Each Full Member shall have a single vote at General Meetings. In the event of multiple Full Members representing the same apartment, only one vote will be counted for each apartment. Where any proposed issue is wholly attributable to a specific sub-element of the Service Charge (e.g., car park charges), voting will be restricted to those Full Members liable to pay such charges. 

8.2. Voting shall be by the show of hands, unless a full ballot of all appropriate Full Members is demanded either by a majority of Full Members present or directed by the Chair. In the case of equality, the Chair shall have the casting vote.

8.3. Decisions shall be by a simple majority of those voting.

9. Finance 

9.1. Funds held by the association shall be administered by the Committee. 

9.2. A bank account will be held in the name of the association for funds. 

9.3. All payments must be approved by two Officers. 

9.4. In the event of the association being wound up, any surplus funds shall be disbursed to a suitable registered charity to be decided by a simple majority of Full Members.

10. Alterations to the Constitution and Rules

10.1. No alteration to these Constitution and Rules shall be made except at the Annual General Meeting or at an Extraordinary General Meeting.

10.2. All complaints or suggestions on matters regarding the association shall be made to the Secretary, preferably in writing, and shall be discussed at the following Committee Meeting.