Middleton-on-Sea Association

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THE MIDDLETON-SEA-ASSOCIATION

(Founded 1937)

History

The late Sir Richard Gregory, Bart., was the First Chairman. He became the first President when that office was created and remained so until his death in 1952.

   Mr. L.R.B. Pearce was elected to the Chairmanship when Sir Richard became President and retained that office until his death in 1951.

   During the war there was considerable sea erosion on the Association’s property and it was due entirely to the activities of the Association that a government grant of £6000 was obtained, to which was added approximately £2500, voluntarily subscribed by members of the Association, to re-establish our coastal defences. The Chichester Rural District Council was responsible for Coast Protection and spent many thousands of pounds on emergency schemes, which did not impose special costs on frontages but were paid for out of the general rates. The responsibility has now been taken over by Arun District Council. The Association continues to hold a watching brief and a Coastal Sub-Committee was formed in 2000 to monitor erosion and liaise with the local authority on the maintenance of adequate sea defences for the area.

The Association was responsible, in 1978, for the formation of the Middleton-on-Sea (Beach Huts) Limited, a separate company, in order to acquire, let, manage and maintain the beach huts on the Greensward. The Association’s Chairman, Vice Chairman, Secretary and Treasurer, supported by up to three additional members, form the Board of management of the company.

   In 1996 Arun District Council was asked by the Association to recognise the under-mentioned “Area of Special Character”. After careful consideration this was agreed. The Association compiled a Village Design Statement for the Area of Special Character, which was approved and adopted by Arun District Council as Supplementary Planning Guidance in December 2000.  The Village Design Statement was published in 2001.

Area

   The Association is primarily concerned with those parts of Middleton-on-Sea which are bounded on the west by the Parish boundary and includes on the east, both sides of Sea Lane, Sea Close and Old Point, both sides of Middleton Road up to and including number 179, and The Byway to the north.

Objects

   The objects of the Association are:

    (a) To preserve the amenities of the above-mentioned area.

    (b) To foster a spirit of good fellowship and self-help among the residents.

Property

   The Greensward and all roads and twittens on the "Coldicott” Estates, i.e., Sea Way, Old Point, Sea Close, Merry End and The Byway, together with the Sea Lane Estate, i.e. South Walk, East Close and West Close, have been transferred by deeds to the Association, which also holds the "benefit of the Covenants” of the Sea Lane Estate. The Deeds and Covenants are vested in trustees appointed by the Association.

Activities

   The most important activities of the Association are concerned with the maintenance and repair of the private roads and twittens and the upkeep of the Greensward. Its other activities are numerous. They concern such matters as Neighbourhood Watch, restrictive covenants, provision of litter and dog bins, notice boards and to generally preserve the special character and amenity of the Area.

   The costs of these activities are met by two separate charges which are payable by the owners of all properties in the Area. These are:

    (a)  Road Charges which, as they cover six different private road groups, will vary.

    (b) Estate Maintenance Charges which, covering all other activities and general administration, are common to all residents.

Planning

   The Association endeavours to monitor all planning applications submitted to the local authority and will make formal objections where necessary. Therefore residents intending to have work done are reminded to refer to the aims of the Village Design Statement. The Association would appreciate having first sight of details of the proposed work, before plans are submitted to Arun District Council.

   Where the Association considers work could have an adverse affect on its road surfaces or verges a non-refundable financial bond will be sought, the amount of which will be determined by the Association in the light of the work to be done.

Private Roads

   The Private Roads, referred to under “Road Groups” below, each have their own Road Representative and in some cases, Road Committee, who act in co-operation with the Management Committee with delegated responsibility for the maintenance of private roads, drains and verges, the setting and collection of Road Charges. The provision and maintenance of road name boards, signs and gates are the responsibility of each road group.

   Road Representatives/Committees are responsible for seeking professional advice on the condition of the private roads within that Group and for repairs required to maintain the associated roads in a safe condition. Property owners in that Road Group should be consulted before any contracts are placed. The general principle being that, although the Association may, inter alia, act as banker for the maintenance costs of the Road Groups, such Costs are payable by the property owners in that Group. The collection of money and the establishment of appropriate annual Road Charge payments sufficient to meet the anticipated costs of future works is the responsibility of the relevant Road Representative or Committee. If a Road Group's account balance has insufficient funds to pay for the costs of repairs etc., the required money is collected by way of a special levy, agreed with the Management Committee by the road representative or committee after consultation with residents/property owners. The special levy is payable by property owners in that road group.

Road Representatives

   Road Representatives are appointed by invitation of the Management Committee, which recommends that Road Committees be formed of a sufficient number of residents so as to be able to reflect their views and spread the workload. Road Representatives act as ex-officio Officers of the Association and only Road Representatives or in their absence their deputies may attend Management Meetings.

Land Drains

   Major land drains run through parts of the estate and the legal position is that landowners of properties through which the land drain passes are responsible for the maintenance of the drain and the necessary cleaning and maintenance of the manholes on their properties.  The Association is responsible in the same way where the drain passes under the roads and verges.

'Under special circumstances, the Association may contribute to the cost of remedial works in order to maintain the satisfactory operation of the surface water drainage systems serving the estate by means of an interest free loan to the Road Fund(s) concerned, such loan to be repaid within a period of no longer than five (5) years from the date of the loan.' (Amendment approved at General Meeting on 11th October 2011)

Verges

   The verges of the Association’s roads belong to the Association. The cost of having these cut and trimmed would be prohibitive, so residents are requested to cut, trim and maintain the verges contiguous to their properties. This does not relieve the Association from the general responsibility for their unobstructed maintenance.

   The maintenance of the existing vehicular and/or pedestrian accesses, which cross the verges, is the responsibility of the owners of the property they serve.

   Pedestrian accesses, granted by the Association, should not be allowed to be used in such a way that they could become public rights of way.

   Vehicles should not be parked on the verges.

   Permission will not normally be given to remove portions of verges for the purpose of either widening an existing entrance, or creating an extra entrance, to properties.

   Residents should take care to ensure that hedges and bushes do not encroach onto verges and that verges are not cut back from the edge of the road.

 

Parking on Private Roads

   The private roads are for the use of property owners and residents, their friends, visitors and trades people. Their use for public parking is therefore wrong and where the nuisance persists, appropriate action will be taken.

   Residents should therefore, wherever possible, provide off road parking for their visitors’ vehicles, either on their own property or, by arrangement, on a neighbour’s driveway.

   Skips left in the road overnight should carry adequate lights. The householder hiring a skip is responsible for arranging for any damage caused to be made good.

Fostering a Spirit of Good Fellowship

   There is no specific for this but residents are asked to show due consideration to their neighbours. Compromising other residents’ enjoyment of the area should therefore be avoided. One golden rule is not to darken the house or garden of your neighbour by overgrown trees.

   It is illegal to dump rubbish on land that is not yours, in particular on the beach, Greensward and Village Green.

   Bonfires can be objectionable and even dangerous, as can the use of noisy or rocket type fireworks. These may be offensive to neighbours and constitute a particular hazard to thatched properties as well as being a cause of distress to domestic animals.

   Allowing dogs to foul and not clearing up is an offence enforceable by Arun District Council.

   The Association’s roads do not have street lighting. Residents with security or external lights should ensure that the fittings are in keeping with the Area and that the lighting is discrete.

Road Groups

(1) Old Point.

(2) Sea Way.

(3) Sea Close.

(4) Sea Lane Estate i.e. South Walk, East Close and West Close.

(5) Merry End, including properties on the south side of Middleton Road with vehicular and/or pedestrian accesses on to Merry End.

(6) The Byway, including properties on the north side of Middleton Road with vehicular and/or pedestrian accesses on to The Byway.

 

Rules

1. Name: The Association shall be called the Middleton-on-Sea Association.

2. Non-party: The Association shall be strictly non-party and non-sectarian.

3. Membership: Any adult person residing or being a property owner within the Area of the Association (q.v.) or being or having been closely associated with Middleton-on-Sea shall be eligible for Membership. The decision of the Management Committee to accept or reject applications for membership shall be final.

3(a) Honorary Member:  Honorary Membership for their lifetime may be conferred upon any adult person deemed to have made an outstanding contribution to Middleton-on-Sea Association in the pursuit of its objectives.   Such Honorary Members shall not be expected to pay Estate Maintenance Charges and shall be limited six people so honoured at any one time. Proposals for Honorary Member shall be in writing, signed by a proposer and a seconder who shall be existing members of the Association. The Management Committee will consider proposals initially.   The consent of the nominee should be obtained before the recommendation is put to the Annual General Meeting for ratification. 

4. Estate Maintenance Charge and Road Charge: The Estate Maintenance Charge shall be such sum as shall be decided upon at a General Meeting. The Estate Maintenance Charge and Road Charge shall be payable by March 1st each year.

5. Acceptance of Rules: Acceptance and observance of these Rules is a condition of membership.

6. Suspension of Members: The Committee shall have power to suspend any member whose conduct is, in its opinion, detrimental to the welfare of the Association, until the next General Meeting of the Association, when those present shall decide by ballot whether he or she remains a member.

7. Management:

(a) The Management of the Association shall be vested in a Committee of not more than sixteen members including Officers, of which eight will form a quorum.

(b) The election of the Management Committee shall take place at an Annual General Meeting.

(c) The Management Committee shall have the power to fill any vacancies that arise during the year.

(d) Nominations for the appointment of new members of the Management Committee shall be signed by the proposer and seconder (the Consent of the nominee having first been obtained) and forwarded to the Hon. Secretary for inclusion on the Agenda of the Annual General Meeting not less than seven days prior to the date of the meeting. Serving members should notify the Hon. Secretary of their willingness to continue in office.

(e) The Management Committee shall make every effort to affect an even distribution of members among the various Road Groups.

Executive Committee:

The Chairman, Vice-Chairman, Secretary and Treasurer together with not less than two Committee members immediately available can form an Executive Committee with power to deal with matters of emergency.

 

8. Power to Co-opt:

The Committee shall have power to appoint Sub-Committees for a specific purpose or purposes. The Chairman and Vice Chairman of the Association shall be ex-officio members of all Sub-Committees.

9. Election of Officers:

The Officers of the Association may consist of a Chairman, Vice-Chairman, Honorary Secretary (or Joint Honorary Secretaries and Secretary to the Committee) and Honorary Treasurer who shall be members of the Committee. All shall be elected annually at the Annual General Meeting. Road Representatives are ex-officio Officers. A Chairman shall not hold office for more than three consecutive years.

10. Honoraria:

An Honorarium may be granted to Officers subject to approval at an Annual General Meeting.

11. No Provision in Rules:

The Committee shall have power to deal with any business not otherwise provided for in these Rules, except that they shall not decide questions of vital importance to members of the Association without first referring them to a General Meeting.

12. Honorary Treasurer’s Duties:

The Hon. Treasurer shall pay all accounts under the direction of the Committee (or authorised by the Committee) and prepare or cause to be prepared, an Income and Expenditure Account and Balance Sheet as at each calendar year end for each Annual General Meeting.

All cheques drawn shall be signed by the Hon. Treasurer and countersigned by the Hon. Secretary. The Chairman or Vice-Chairman may sign for either, but not both, in the case of their absence or emergency.

13. Election of Auditor:

An Auditor shall be elected annually at the Annual General Meeting to audit the books of the Association for the ensuing year.

14. Annual General Meeting (“AGM”):

(a) The financial year of the Association shall end on the 31st December and the AGM, at which the election of Officers and Committee and the presentation of the report and financial statements shall take place, shall be held before 1st September of each year. Notice of the AGM shall be sent to each member with a copy of the Accounts at least 14 days before the date of such meeting.

(b) Any matters for discussion must be forwarded in writing to the Hon. Secretary at least 7 days prior to such meeting for inclusion on the Agenda.

15. Agenda:

The Agenda for the AGM shall be posted up on the Association’s notice board at least 7 days before the AGM, but known items of the Agenda may be included in the notices of the Meeting.

16. Voting:

Voting for the Election of Officers and members of the Management Committee shall be by a show of hands, except when contested, then by ballot.

17. Extraordinary General Meetings:

(a) An Extraordinary General Meeting shall be called upon a requisition signed by at least 10 members of the Association, specifying the object of the Meeting and forwarded to the Hon. Secretary, who shall convene a Meeting within 14 days of receipt of such requisition, 7 days notice of such Extraordinary General Meeting to be given.

(b) The business shall be specifically stated on the notice of such meeting and any resolution or resolutions to be submitted shall appear on the notice sent to members. No other business shall be transacted at such Meeting.

(c) The Committee shall also have power to call a Special General Meeting whenever it is deemed advisable. 7 days notice of such meeting shall be given to all members.

18. Alterations to Rules:

Alterations or additions to the Rules shall be made only at a General Meeting.

19. Indemnity:

The Trustees, Officers and ex-officio Officers of the Association shall be entitled to be fully indemnified by the Association in respect of their legitimate actions and expenses entered into or incurred in good faith on behalf of or in the interests of the Association or where applicable, their Road Group.

20. Dissolution:

(a) The Association may be dissolved upon a resolution supported by 75 per cent by ballot of the members of the Association present at a meeting specially convened for that purpose.

(b) The meeting at which such resolution is passed shall decide as to the disposal of the assets (if any) of the Association.

 

Constitution, Objects and Rules –sixth revision August 2007.


 

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