Summary of the TMO Constitution

The TMO Constitution contains the Memorandum and Articles of the Company as lodged with Companies House.

The Company was incorporated on 20th April 1995.

The Company

The Tenant Management Organisation Limited is a company limited by guarantee. This means that it does not have shareholders. When you become a member of the company, you undertake to contribute £1 to the assets of the TMO if it is wound up and owes money. You do not have to pay anything when you join the company and your liability as a member can never be more than £1.

Objects

A company must state in its constitution what it has been set up to do. The object of the TMO includes managing the council housing stock of The Royal Borough of Kensington and Chelsea and providing management services to other organisations. In addition, the organisation has wide ranging powers to promote residents participation, both within the Borough and more generally, and to enter into contracts for the benefit of the organisation.

Commitment to equalities

The objects include a statement that the TMO will not discriminate on the basis of race, sex, sexuality, age, disability, religion, marital status, or responsibility for dependants.

Membership

Membership is open to any tenant or leaseholder of the TMO. Any person over 18 years old who is living with a tenant or leaseholder may also join the TMO if he or she is registered as an occupant of the property. You will automatically cease to be a member if you cease to be a tenant, or to be registered as an occupant or if you are expelled from membership.

Management of the TMO

Ultimate responsibility for management rests with the TMO Board which consists of up to 21 members. There are eleven elected tenant members; five members appointed by The Royal Borough of Kensington & Chelsea and five additional 'independent' members.

Election of Board Members

Any person who has been a resident or registered occupant for at least two years may stand for election. Residents are elected as borough-wide members or as area members and in each case, must be nominated for election by at least five other members. The elections are held on a one-member, one-vote basis. Resident board members must stand for re-election every three years.

Meetings of Members of the TMO

As a limited company, the TMO is required to hold an Annual General Meeting every year and invitations are sent out to all TMO members. If you wish to put forward a resolution for consideration at the AGM, this must be supported by at least five other members and submitted in accordance with instructions given in the notice of the AGM. All resolutions must be submitted in advance of the meeting.

In addition to the AGM, the Board can call an extraordinary members' meeting at any time and a members' meeting can also be called by either 10% of the members or a total of 50 members (whichever is least) requesting in writing that a meeting be called.

The constitution provides that matters at members' meetings will be decided on a show of hands unless a paper vote is demanded by the chairman or by at least one half of the members present.

Expulsion of Members

It is necessary for the TMO to have power to expel members in extreme circumstances. The Board can delegate two or more board members with the power to expel a member of the TMO. If this step is taken the Board must meet within three months to consider the matter. If the board upholds the member’s expulsion, the member is entitled to ensure that the matter is placed upon the agenda for the next AGM or members' meeting. A member who is to be expelled is entitled to be accompanied by a friend or adviser at any meeting at which the matter is to be considered.

Private Interests

All members and Board members are required to declare whether they have any connection with a matter that is being discussed at a meeting and board members are required to enter details in a register of interest. This will safeguard the TMO from any suggestions that self-interest is governing decisions made by Board members. In addition to the provisions in the constitution, the board will at all times be governed by financial regulations and standing orders governing its conduct.

Copies of the Constitution

Copies of the constitution can be downloaded via the link on the home page headed constitution.