PREMA EXECUTIVE COMMITTEE
SEPTEMBER 2021
1.Title
1.1The title of the Association is the “Private Road Estate Members Association” (“PREMA” or the “Association”).
1.2The Private Road Estate comprises the unadopted roads of Private Road, Fairlawn Place, Victoria Crescent and Yew Tree Close.
2.Background
2.1It should be assumed that owning or acquiring a property on a road that is not adopted by the local authority will require an annual contribution. This would include provision for the upkeep of the area by way of road maintenance, road cleaning, maintenance of the barrier, provision of public liability insurance and any other obligations agreed by the members at the Annual General Meeting (AGM).
2.2At this AGM the Association members shall elect officers to form an Executive Committee. This Committee will be charged with managing the object of the Association on behalf of the members.
2.3Members must appreciate that these officers are volunteers and should assist them in the execution of their duties to the best of their abilities.
2.4All properties in “the Estate” will be provided with a printed copy of these Articles of Association.
3.Object of the Association
3.1The object of the Association is to ensure management of the roads and general environment within the Private Road Estate.
4.Membership Rights and Obligations
4.1Subject to Articles 4.2 and 4.4, membership is open to (but only to) owneroccupiers of properties situated in or gaining access from Private Road from the junction with Gordon Rise to Mansfield Road (“the Estate”) who have paid the appropriate subscription. “Owner-occupiers” includes lessees with leases of at least one year. The land constituting the roads is shown in Appendix A.
4.2Payment of an annual subscription is required as agreed by the AGM (Article 8). One subscription is required for each property and equates to one membership. One membership equates to one “vote” at General meetings.
4.3For properties in multiple occupancy, one fee is required and either the landlord must pay the fee, or the residents should decide amongst themselves how the fee is to be paid. The single vote at general meetings may be cast in a similar way and, if the Association is wound up, only one share of the assets will be due. If a member owns more than one property in the PREMA curtilage, a membership fee will be due for each property owned and the member will only be entitled to the benefits of membership if all fees owing are paid.
4.4. A membership may be rescinded by giving written notice to the Committee, or if change in circumstances make membership ineligible; this includes non-payment of subscription within the agreed time frame.
4.5Payment of the annual subscription entitles membership of the Association. This membership includes, but is not limited to:
4.5.1 Provision of two card keys to operate the barrier on Private Road. These will only be supplied once without charge. Keys should be passed to any subsequent owners of the property. Duplicate or replacement keys will be supplied at the discretion of the Committee and at a reasonable charge to be agreed by them. Tenants in multiple occupancy dwellings may be permitted to purchase keys, subject to the property’s annual road fee being paid each year.
4.5.2 Provision of public liability insurance.
4.5.3 Maintenance of the roads in general and more specifically within each membership property boundary.
4.5.4 An entry in the PREMA membership database to ensure timely receipt of Executive Committee communications.
4.5.5 Attendance at Association General Meetings.
4.5.6 Attendance at PREMA social events.
4.5.7 Voting rights at General Meetings.
4.5.8 Access to the PREMA WhatsApp Groups. This access will only be granted and maintained if the annual subscription is paid. Tenants in multiple occupancy properties may also access these groups, subject to their property being up-to-date with the annual road fee.
4.6Members are expected to assist the Executive Committee Officers in carrying out their duties by:
4.6.1 Ensuring prompt payment of annual subscriptions.
4.6.2 Ensuring communal roads within member property boundaries are kept in good order.
4.6.3 Being neighbourly.
4.6.4 Responding appropriately and in a timely manner to requests made by the Executive Committee officers.
4.6.5 Assisting in ensuring that the Private Road Estate remains in good order and a desirable place to reside.
5.Subscriptions
5.1 Subject to the following provisions of this Article, members of the Association shall pay an annual subscription. The financial year of the Association will run from 1st April to 31st March each year.
5.2 The amount of the subscription shall be recommended each year by the Committee and shall be subject to approval by the AGM. Any member joining part way through a financial year will, at the discretion of the Committee, be entitled to a pro-rata reduction in the membership fee payable. Should the new member ‘inherit’ the payment of the leaving member, no further subscription for that membership year will be due. There is no right to a refund of the subscription fee should a member leave part way through a year as the fee attaches to the property within the PREMA area.
5.3In recommending the subscription, the Committee shall have regard to the need to accumulate funds for major work such as the resurfacing of the road and replacing the barrier.
5.4The subscription is due within 30 days from the publication of the AGM minutes or an invoice for the membership fee being distributed to members, whichever comes sooner. One reminder will be sent. Any property owner in “the estate” who has not paid their annual subscription by the due date will not be entitled to the benefits of membership of the Association (Article 4.5). Any barrier keys held will be disabled, public liability insurance cover withdrawn and their portion of the road and pavement will not be maintained. The Association reserves the right to delineate these areas of “the roads” not in membership so that their contractors know which parts should not be maintained. These rights will not be re-instated until any arrears of subscriptions have been paid in full to the satisfaction of the Treasurer of the Association.
5.5The Association will publicise on their website each year the properties within “the estate” which are in membership. They will contact any estate agents offering properties for sale in “the estate” so as to ensure that any prospective buyers are aware of the obligations involved in owning a property on a non-adopted road.
5.6Provision of general PREMA background information and specific property information will be supplied to the solicitors or their agents of potential purchasers or sellers of property in the PREMA estate at a cost of £100. This fee may be waived for sellers of property at the discretion of the Executive Committee.
6.The PREMA Executive Committee (hereinafter called “the Committee”)
6.1The Committee shall consist of a Chair, a Secretary, a Treasurer, a Membership and Social Media Secretary, a Roads Officer, a Social Secretary, a Neighbourhood Watch Representative and at least one other member (up to a maximum of 10 officers), chosen from the membership of the Association. The Committee may appoint any other officers as it sees fit, to be approved at the subsequent AGM of the Association. All officers must be members of the Association.
6.2The members of the Committee shall be proposed, seconded and elected by vote at the AGM. Subject to Article 6.3, they shall hold office until the next AGM, when they shall be eligible for re-election.
6.3A member of the Committee may resign by giving one month’s written notice to the Committee. The ensuing vacancy may be filled by the Committee, and any member so appointed shall hold office until the next AGM, when he or she shall be eligible for election.
7.Business of the Committee
7.1The Committee shall meet at least three times a year either in person or virtually. Further meetings may be called by the Chair and Secretary at their discretion.
7.2Committee members shall be given reasonable written notice of meetings. The quorum for Committee meetings shall be 50% of the standing officers. Decisions shall be taken by simple majority, and the Chair shall have a casting vote in the event of a tie.
7.3Except where decisions are reserved to General Meetings by Article 8, the Committee shall have power to do everything necessary to fulfil the object of the Association. In particular, it may delegate business to sub-committees, which may include members of the Association who are not officers of the Committee.
7.4The Committee shall prepare, and present to the members at the AGM, a report on the Association’s activities during the previous year and its accounts for the previous year.
7.5The members of the Committee and of any sub-committee are entitled to be indemnified by the Association for all expenses and liabilities properly incurred by them in carrying out their duties. The cost of the annual public liability and officer liability insurance is born by the Association from membership funds.
7.6The Committee will, on behalf of the members of the Association:
7.6.1 Oversee and advise about the maintenance of the Estate in the interests of safety and amenity, including any verges and any additional land, trees, security equipment and other structures which form part of the road, including the barrier.
7.6.2 Protect the amenity and character of the roads.
7.6.3 Maintain public liability insurance in relation to the Association’s activities.
7.6.4 Resist encroachment and the acquisition by use of public and private rights over the roads.
7.6.5 Deal with reasonable requests made by a local authority, police authority and any other person or body with an interest in the road(s).
7.6.6 Act as the street authority in accordance with the New Roads and Street Works Act 1991.
7.6.7 Grant rights over the roads.
8.Decisions Reserved to General Meetings
8.1Decisions on the following matters are reserved to General Meetings:
8.1.1 Starting, taking part in, defending, or settling proceedings before any court or tribunal.
8.1.2 Fixing the annual subscription.
8.1.3 Changing these Articles.
8.1.4 Winding up the Association.
9.Conduct of General Meetings
9.1An AGM shall be held each year, within 4 weeks of 1st May. The Committee shall fix the date and give at least two months’ notice to members.
9.2Other General Meetings may be called by the Committee at their discretion; but they shall call a General Meeting if asked to do so by 20 members.
9.3Members who wish to propose resolutions, raise issues for discussion, or propose or second members for election to the Committee, must give at least fourteen days’ notice to the Secretary.
9.4The quorum at a General Meeting shall be 10 members. General meetings shall be chaired by the Chair of the Committee, who shall have a casting vote in the event of a tie.
9.5The AGM shall:
9.5.1 Receive and consider and approve the Committee’s report and the accounts for the year.
9.5.2 Approve the appointment of appropriate auditors as recommended by the treasurer.
9.5.3 Approve the annual subscription recommended for the year by the Executive Committee.
9.5.4 Discuss any matter raised, and deal with any resolution proposed, of which notice has been given in accordance with Article 9.3.
9.5.5 Elect or re-elect the members of the Committee.
9.6Members may vote in person, or by giving notice of their vote in writing to the Secretary within 48 hours of a General Meeting. One subscription relates to one membership which corresponds to one vote.
9.7Decisions at General Meetings shall be taken by a simple majority of votes cast, except in the case of matters falling within Article 8. Where Article 8 applies, a majority of at least two-thirds of the votes cast is required.
10.Property of the Association
10.1Subscriptions and other sums received by the Association shall be deposited in a bank or building society account in the name of the Association. Cheques shall be signed by two signatories, who shall be members of the Committee. Additionally, the Chair will have monitoring rights to the on-line banking accounts.
10.2Except when the Association is dissolved, none of the Association’s funds or other property shall be distributed to members.
11.Dissolution and Winding-up
11.1If the Association is dissolved or wound up, property shall, after the Association’s debts have been paid, be distributed equally among current members.