Management of the Estate
Amenities Of Chorltonville - Rules And Regulations
(Revised at Annual General Meetings in 1974, 1996, 1997 & 2000)
Rules and Regulations for the care and maintenance of the road, verges, open spaces, and footpaths on the Chorltonville Estate adopted by the owners of houses on such Estate at their FORTY-SEVENTH ANNUAL GENERAL MEETING, held in the Methodist School, Manchester Road, Chorlton-cum-Hardy, on Friday, the 16th day of February 1968, replacing Rules and Regulations adopted by such owners at their First Annual Meeting, held on Tuesday, the 14th day of March, 1922 in accordance with the covenant (hereinafter called "The Covenant") which is included in the Deeds of Conveyance executed by the respective owners, which form a part of the original Rules and Regulations and the relevant parts of which are set out in the Appendix to these Rules.
1 In these Rules and Regulations "The Estate" means the Estate situate at Chorlton-cum-Hardy in the City of Manchester, known as "Chorltonville", formerly belonging to Chorltonville Ltd.
2. With a view to preserving the amenities of Chorltonville, and in accordance with the terms of the clauses of The Covenant, it is agreed that the roads, verges, open spaces and footpaths not included or intended to be included in the conveyance of the separate dwelling-houses or plots of land on the Estate by Chorltonville Ltd., to the respective purchaser thereof shall be maintained by means of payments by the respective owners to the said dwelling-houses and premises. The Committee hereafter referred to, shall form an estimate of the amount required for the maintenance of the said roads, verges, open spaces and footpaths for the ensuing year, and shall apportion such amount between the owners of the said houses and premises, and the apportioned amount payable by such owners aforesaid shall be paid on demand in the first year. In subsequent years the Committee shall make their estimate before the last day of February, and the owners' apportionment account: shall be paid before the 31st day of March. If any surplus or deficit shall remain at the expiration of any year such surplus or deficit shall be taken into account in estimating the sum required for the next succeeding year.
3. The Committee shall keep a register, which may be inspected by each owner on application to the Secretary, showing the annual levy payable by each owner.
4. All footpaths and verges shall be under the sole management of the Committee, and no owner shall interfere therewith or make any alteration thereto without first obtaining the consent of the Committee. Any alteration sanctioned by the Committee shall be completed at the cost of the owner to the satisfaction of the Committee.
5. The collection of the sums referred to, their appropriation, and the management of the said roads, verges, open spaces, and footpaths generally shall be entrusted to a Committee elected by and from amongst the respective owners for the time being of the houses or plots of land forming part of the Estate who shall have paid the current levy.
6. The Committee shall consist of at least six owners, each elected for a period of three years at an ANNUAL GENERAL MEETING. Retiring members shall be eligible for re-election. Three members of the Committee shall form a quorum. In the event of the order of seniority for retirement being in dispute this shall be determined by ballot between the members.
7. Nominations for the Committee, supported by not less than two owners who shall have paid the current levy shall be submitted to the secretary at least two weeks prior to the Annual General Meeting.
8. The Committee shall have the power to fill a casual vacancy on the Committee but the person so appointed shall only hold office so long as the office would have been held by the person for whom he is substituted, and such appointment shall be subject to confirmation or otherwise at the next Annual Meeting.
9. The Committee at its first meeting after the Annual General Meeting in each year shall appoint one of their members as Chairman, but if he is absent from any meeting of the Committee the members shall choose a Chairman from the members present.
10. The Committee shall appoint a person who may be a member of the Committee as Secretary, and they shall have power to pay the Secretary such remuneration as they consider necessary.
11. The Committee shall also appoint an Honorary Treasurer who shall be a member of the Committee not holding any other office.
12. The Committee shall hold four quarterly meetings and shall meet at such other times as they shall determine, and adjourn and otherwise regulate their meetings and business as they shall think fit. Any questions arising at any meeting of the Committee shall be decided by a majority of votes, and in the case of an equality of votes the Chairman shall have a second or casting vote.
13. To keep the roads, verges, and open spaces in a proper state of repair the Committee shall employ such person or persons, and purchase such materials, trees, etc., as they consider necessary for such purpose, and shall prepare and submit to the Annual Meeting of owners a detailed statement of all sums expended.
14 A banking account shall be kept in the name of the Committee, into which all receipt from the rates or subscriptions aforesaid shall be paid, and all payments of more than £1 and drawings for petty cash shall be made by cheque. All cheques to be signed by the Treasurer or Chairman and one other authorised Committee member.
14. The Annual Accounts shall be prepared by the Secretary and Treasurer, and shall in the first place be considered at a meeting of the Committee to be held prior to the Annual General Meeting, and shall thereafter be presented to such Annual General Meeting. Minutes shall be properly kept of the proceedings of all meetings of the Committee and of meetings of the Annual and Special Meetings of the owners.
15. The Committee shall have power to make any by-laws that they may consider necessary for the preservation of the amenities of the Estate.
16. The Annual General Meeting of the owners shall be held not later than the month of February on such day and at such time and place as the Committee shall appoint to receive the Annual Report from the Committee and the Yearly Statement of Accounts and to conduct such other business as may be necessary. Special meetings of owners may be convened by the Committee at other times if necessary. If the Chairman of the Committee refuses to call a Special Meeting of owners after a requisition for that purpose signed by thirty owners has been presented to him, such owners may forthwith on such refusal, call a meeting. Only subscribing owners or their accredited representatives shall be entitled to attend or vote and no owner or his representative shall be entitled to attend if the owner’s payments due as aforesaid are in arrears. The accredited representative of a subscribing owner shall be appointed by such, in writing, and need not, himself, be a subscribing owner. The document appointing an accredited representative shall be deposited with the Secretary not less than forty-eight hours before the meeting at which the accredited representative proposes to attend or vote, and in default, such document shall be invalid. In respect of a property having more than one owner, only one owner shall be entitled to vote.
17. Not less than twenty-one days' notice of every General and Special Meeting shall be sent to owners at their houses, but want of service of notice on any member shall not invalidate the proceedings of any meeting. Such notice may be given to an owner by email.i
18. An Honorary Auditor shall be appointed at each Annual General Meeting for the purpose of examining and reporting upon the accounts of the Committee.
19. Any member of the Committee may at any time be removed by a resolution adopted at an Annual General or Special Meeting duly convened in the manner specified.
20. Only at an Annual General Meeting or Special Meeting may these Rules be altered or amended, but no alteration shall be made unless due notice had been given of the same in the notice convening the meeting.
21. Any owner desirous of moving a motion at the Annual General Meeting shall give at least two weeks’ notice thereof to the Secretary.
22. The ruling of the Chairman on any question under the Rules or on points of explanation, at any General Meeting, shall be final unless challenged by an owner present at the meeting, supported by at least two other owners, and unless two-thirds of the owners present vote to the contrary.
23. A copy of the foregoing Rules and Regulations, and of any by-laws to be made hereafter by the Committee as aforesaid, shall be furnished to every subscribing member on the Estate.
i. Motion proposed and passed at 2016 AGM.