Member Rules
Changes reviewed and agreed at PDPLA Committee meeting 25/5/20
PORTSMOUTH & DISTRICT PRIVATE LANDLORDS' ASSOCIATION
- Name of The Association
- In accordance with the Memorandum of Association it is: Portsmouth & District Private Landlords' Association
- Objectives
- These are stated in the Memorandum of Association and may be summarised as promoting and representing the interests of PRS landlords.
- Every Member is entitled to a copy of the Memorandum and Articles of Association and of the Rules and Guidelines on request
- Membership
- There shall be two categories of membership:
- Full Member- open to any person, partnership or company who is a landlord or manager of residential and/or commercial property. Each Full Member will be entitled to attend and have one vote at all meetings in accordance with the Articles of Association, i.e. one vote per paid subscription.
- Honorary Member- awarded to persons in recognition of services given or to be given to the Association. Honorary Members will have the same rights as Full Members.
- The Executive Committee reserves the right to refuse or revoke membership at its absolute discretion.
- Members must pay the annual subscription, as decided by the Executive Committee, from time to time in force, this can be paid directly to the PDPLA or through an affiliate relationship the PDPLA has with another organisation.
Please note, with the affiliate relationship between the PDPLA and the NRLA, only those members who join using the PDPLA code will generate payments for the PDPLA from the affiliate. Thus, any NRLA member who subsequently joins the PDPLA will not generate a payment and thus cannot vote at meetings.
- There shall be two categories of membership:
- Benefits
All the Association's privileges and benefits shall only be allowed to Members. - Conduct of Members
- Members are expected to abide by the Rules of the Association, comply with the PDPLA Code of Practice, behave in the best interests of the Association and not bring it into disrepute.
- Any Member of the Association must not use or pass on any benefits or services of membership to a non-member.
- The Executive Committee shall be empowered to investigate any complaint received against a Member to the effect that such a Member has not abided by the Rules of the Association, complied with the Code of Practice in force from time to time, has not behaved in the best interest of the Association or has otherwise brought the Association into disrepute. Such a complaint shall be delivered to the Executive Committee in writing, it must be signed by the person making the complaint, and it must include a contact address for further correspondence. The procedure for investigating a complaint shall be as follows:
- Upon receipt of a written complaint, the Executive Committee will write to the Member concerned setting out details of the complaint made and requesting an explanation. One month will be allowed for a reply.
- Upon receipt of the reply or after one month has elapsed (whichever is the sooner) the Executive Committee will appoint a Complaints Sub Committee to consider the reply received (if any) and listen to any representations the Member may wish to make either personally or through a representative and to consider any evidence presented and the testimony of any witnesses. A hearing may be called if appropriate. If no response is received, then the Member may be expelled and notified accordingly.
- The Complaints Sub-Committee will report the full facts to the Executive Committee together with its recommended course of action. The Executive Committee shall in its absolute discretion determine the action to be taken and shall notify the Member in writing of its decision, which shall be final and binding upon the Member concerned. The Executive Committee Chairman will notify the complainant, and any other interested parties as appropriate, as to the outcome of the investigation.
- The PDPLA may refuse to investigate a complaint if:
The complaint is not a breach of the Code of PracticeIt cannot be proved that the alleged breach actually happenedThe complainant is not a tenant of a member of the PDPLAThere are ongoing legal proceedings by either partyThere is an ongoing tenancy deposit protection disputeThe complaint is deemed to be vexatious.The complainant is in behind with rent, or otherwise in substantial breach of the tenancy agreement
- Executive Committee
- The management of the Association shall be controlled by an executive body hereinafter called ''the Executive Committee".
- To be eligible for nomination and election to the Executive Committee a candidate must have been a Member of the Association for at least 12 months.
- The Executive Committee may appoint one of their number to carry out any of the functions of Chairman, Vice-Chairman, Membership Secretary, Treasurer and any other position the Executive Committee shall see fit
- Meetings
- The Annual General Meeting is to be held in June annually or as determined by the Executive Committee.
- The purpose of the AGM shall be as follows:
- the election of Executives for the coming year,
- determining the rate of subscription for the coming year,
- presentation of Officers' reports for the past year
- General Meetings will normally be held monthly on the 2"' Monday of each month. Prompt attendance is expected by Members.
- Executive Committee meetings will be held as deemed necessary with a quorum of 5 Executive Committee Members present
- Guests
- Guest speakers may from time to time be invited to address the Association. Such addresses shall be confined to subjects furthering the Association's aim.
- Private guests may also be invited by a Member to a meeting. This will normally be confined to persons with an interest in joining the Association.
- Guests will be allowed to address the meeting only by invitation of the Chair, who will also have authority to require the departure of that guest from the meeting if, in his opinion, the circumstances warrant that decision.
- Finance
- The annual subscription exists solely to defray the expenses of the Association or its members in the execution of Association business.
- The Treasurer shall keep books recording all items of income and expenditure and retain covering invoices and receipts.
- Association funds are to be held on deposit, except a current account of up to 20% of the total and a cash float of up to 5% of the total assets.
- No Member may commit the Association to any expenditure without prior authority of the Executive Committee and must present a valid receipt to gain reimbursement
- An annual audit shall be carried out, prior to the presentation of the Balance Sheet at the AGM.
- The Administration and Financial Year shall run from the 1 st April each year.
- There shall be a minimum of three signatories on the Bank Mandate and any financial transactions require at least two signatures.
- Public Announcements
- No public announcements are authorised without prior consent of the Committee.
- Advice
- Written and oral advice from the Association shall be given in good faith but no responsibility whatsoever shall be accepted by the Association for the accuracy of its advice nor shall the Association be held liable for the consequences of reliance upon such advice.
- Amendments to Rules and Guidelines
- The Executive Committee may from time to time make or amend such rules or bye laws as they may deem necessary or expedient or convenient for the proper conduct and management of the Association as set out in the Articles of Association.
- Amendment of the Memorandum or Articles of Association will require a special resolution to be passed by 75% of the Members present at a quorate AGM or Extraordinary meeting.
- Dissolution Of The Association
- This is in accordance with the Memorandum of Association.
- In the unlikely event of the Association being dissolved the liability of Members is limited in accordance with clause 7 of the Memorandum of Association which reads as follows:
"Every Member of the Association undertakes to contribute such money as may be required (not exceeding £5) to the Association's assets if it should be wound up while he or she is a Member or within one year after he or she ceases to be a Member, for payments of the Association's debts and liabilities contracted before he or she ceases to be a Member, and of the costs, charges and expenses of winding up, and for the adjustment of the rights of the contributories among themselves."
- Primacy of Memorandum & Articles of Association
- Nothing in these Rules shall be deemed to constitute an alteration to the Memorandum & Articles of Association and in the event of any inconsistency between these Rules and Guidelines and the Memorandum & Articles of Association then the Memorandum & Articles of Association shall prevail.
- NRLA Affiliation
Notwithstanding the rules stated above:- All NRLA members shall enjoy the privileges and benefits of PDPLA membership.
- However, the PDPLA Executive Committee reserves the right to restrict some benefits to PDPLA members only as may be appropriate.
- NRLA members shall have no voting rights
- NRLA members shall not pass the benefits of PDPLA membership to any non NRLA or PDPLA member.
- All NRLA members shall enjoy the privileges and benefits of PDPLA membership.