Many congratulations on forming your residents group. We have produced these guidelines to assist you, be used along side your constitution and help your group run successfully. 

Just to remind you that two people can form a group but you need a minimum of three to form a management committee. Your group needs to be formally constituted before you can be eligible for internal or external funding. A constitution is essential for your funders because it shows your management structure, accountability and transparency.

Management Committee 

Your Management Committee is responsible and personally liable for the group. It is therefore a legal requirement that all members be over 18. There must be 3 or more officers but it is advisable to set a maximum number (typically 6 – 8 officers). Juniors can be observers but they are not able to stand for election or vote. You could have a junior membership/committee and could allow a representative to present their views at your meetings. 

Officers 

Chair                You Chair co-ordinates meetings and ensures that order is kept and your constitution adhered to

Vice Chair         Your Vice Chair assists the Chair and stands in for them when necessary

Treasurer          Your Treasurer keeps accurate accounts of all monies obtained and spent

Secretary           Your Secretary takes minutes of your meetings and distribute agendas

What is a constitution? 

A constitution is your instruction manual and is a legal document for your Management Committee. The headings/clauses it should contain are: 

·        Name – the name of your tenants group

·        Objects – aim or purpose of your group

·        Area of benefit – the geographical area covered e.g. estate or scheme (and surrounding area if applicable)

·        Powers – position of authority or control, control admission

·        Membership – who are your members

·        Management Committee – officers, quorum, regularity of meetings, minutes

·        AGM

·        Special General Meetings

·        Procedure at general meetings

·        Finance

·        Alterations to the Constitution

·        Dissolution - Closure

Your constitution must be signed by all of your Management Committee and should be tailored to meet the needs of your group.

Members 

The members of your group is everyone in your `area of benefit’ e.g. those who live on your estate or in your scheme (and surrounding area if appropriate).

Finance 

You will need to open a bank or building society account and have two signatories (they must not be related). You must ensure your accounts up to date and keep hold of all your bank statements. Funds must be raised in accordance with the objects stated in your constitution.

Annual General Meetings (AGMs) 

Your tenants groups must have an AGM every year. At your AGM you present your accounts, have an annual report (a report of the activities of the group during the last year) and elect your Management Committee for the next year.  

Special or Extra Ordinary General Meetings  

Your Management Committee or members can call a meeting at any time but you should ensure adequate notice of the meeting is given to everyone (as set out in your constitution).  

The number of members who can call a meeting should be specified in your constitution and must be reasonable. All meetings must be open, transparent and democratic. 

Minutes 

Your minutes are the written record of what takes place during your meetings. They should include details of attendees and any apologies received. These are very important especially if decisions are made to make any changes to committee members or your constitution. Please make sure you keep all documentation in a safe place. 

Quorum 

The quorum is the minimum number of people required to be present at a meeting before any transactions can take place. 

Alterations to your constitution 

Your constitution should develop along with your group, so it is sensible to have a section covering how to make changes.  

Changes can only be made at your AGM or at a Special/Extra Ordinary meeting called for that purpose. Your group needs to agree on the number of members needed to change your constitution.  

You must give sufficient notice to all your members outlining proposed changes and ensure your meeting is quorate before any changed can be effected. A majority vote can then effect the proposed changes. You will then need to re-do your constitution and add in the wording - `this was amended following a meeting held on …..’. The document must then be signed and dated by your Management Committee. 

Dissolution 

Dissolution is the act or process of dissolving your group. A meeting must be called to discuss dissolving your group. Sufficient notice must be given to all your members (usually 21 days). Members present and voting must then agree to close. It is recommended that either 75% or 100% agree this.  

Disposal of assets 

Decisions must be made how to dispose of assets. You must realise your assets. You should check if there any debt or liabilities and pay out any monies due. The remaining monies should be returned to funders or given to a similar charitable group/organisation. 

Additional notes 

You do not need to re-sign your constitution if your Management Committee changes, only if amendments are made to it’s content. 

If your constitution has an exclusion clause, membership can be terminated or suspended for good reason as long as the member concerned has the opportunity to be heard. Decisions made by the Management Committee are final as your group is not regulated. 

Codes of conduct 

Some groups have a separate code of conduct that accompanies their constitution. The code of conduct details the way that tenants are expected to carry out their responsibilities/duties as a member of the group. Sadly, members behaving unsuitably with no redress for curtailing their behaviour, is one of the main reasons why groups fail to work.  

Remember your constitution is used for the best interests of your group and members. It should be a useful and working document for your group. It is therefore recommended that the content of your constitution be reviewed periodically (typically 3-5 years) to ensure that it is still relevant and covers all your group’s requirements. 

Further advice and assistance 

Your Community Involvement Team are available to offer assistance to existing tenant’s groups or to help set up new groups. They can also help to arrange any training that may be required for officers to carry out their duties.