New Constitution Journey

Timeline of Events

June 2025 – At the June AGM, the Chair agreed to establish a working group to develop a modernised constitution and consider arrangements relating to committee co-option.

August 2025 – Following no action by the chair on the AGM resolution, a group of proprietors commenced work on drafting a proposed new constitution.

September 2025 – A draft constitution was circulated to all proprietors for review and feedback.

October 2025 – An EGM was held to provide proprietors with an opportunity to discuss the draft constitution and share their views.

October 2025 – Minutes of the EGM, together with a revised draft constitution reflecting feedback received, were distributed to all proprietors.

October 2025 – In accordance with Resolution 1, an electronic poll was conducted to gauge support for adoption of the proposed constitution.

November 2025 – The poll closed, with a substantial majority of 88% of respondents supporting adoption of the proposed constitution. Next steps for adoption would be agreed by the committee.

November 2025 – A further EGM was arranged for December to consider the formal adoption of the constitution.

November 2025 – The Working Group received correspondence from Thorntons Solicitors regarding the authority of the group to act in connection with the AGM resolution.

December 2025 – At a committee meeting, concerns relating to aspects of the constitution were discussed, and it was agreed that joint legal advice be sought by the Committee and the Working Group.

December 2025 – The proposal to obtain joint legal advice was subsequently denied by the chair. Audio File available

December 2025 – At the EGM, it was agreed that consideration of the constitution would be deferred to allow the newly elected committee to undertake a legal review as part of its collaborative and inclusive approach. Minutes were published reflecting this decision.

January 2026 – The new committee commenced consultation with specialist property and land legal advisers, who indicated support for the proposed constitution. It was planned for adoption at the April AGM.

February 2026 - Committee confirm the constitution is still not implemented

March 2026 – A title-dispute issue was raised through correspondence from Flexlaw Solicitors acting on behalf of a very small number of proprietors, prompting further consideration of the matter.

April 2026 – The AGM proceeded as a proprietors' meeting. It was agreed that consideration of the constitution adoption would be postponed pending a full review of the Flexlaw correspondence by David Chalmers Stewart Solicitors in the context of the garden's specific circumstances.

May 2026 – David Chalmers Stewart Solicitors provided their response to the Flexlaw correspondence, concluding that the concerns raised did not affect the proprietors Titles. This was consistent with other legal advice received.

May 2026 - Official Newsletter reminds proprietors that adoption of the new constitution has been deferred.

June 2026 – Further correspondence was received from a small group of proprietors, who appear to be intent on maintaining a title dispute, indicating that legal proceedings and additional action may be considered in relation to maintenance of the title dispute which they claim affects all proprietors.

June 26 - A revised draft copy of the constitution that removed all references to the issues raised by the small minority of proprietors. This was released prior to the June 26 AGM

With so much discussion about the constitution, the committee felt it would be useful to share our journey towards introducing a modern constitution that improves the garden's governance and management.

What seemed like a simple update turned out to be more of a challenge than anyone expected!

Click the links below for more information

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