Decision time: Saturday March 23rd BDAC AGM
2 pm Bordesley Green Allotments B9 5PD
So what’s the big deal about incorporation?
Up till now the BDAC has been an unincorporated body set up to promote and maintain allotment sites owned by Birmingham City Council, to provide advice and protect the interests and security of plotholder tenants, and to represent them and the associations running allotment sites to the local authority.
The problem with not being incorporated is that it puts a lot of responsibility and risk on the people running the organization. If things go wrong, it can mean that the people in charge (in BDAC’s case the Executive Committee) can be individually liable for any claims – for example in the case of negligence.
Getting incorporated means the organization has a distinct legal identity separate from its members, so the individuals in charge have limited liability. Incorporated bodies can enter into contracts, sign leases, own property and take legal action. Risks are shared and as long as committees act sensibly ‘with due diligence’, the individuals prepared to be involved are not putting themselves at personal risk.
So why now?
With the financial situation as it is – Birmingham City Council facing bankruptcy – allotment sites could be at risk, just as many other Council assets are being sold to meet debts and services reduced. On top of that, the Council has pared back staffing and resources for allotment management over many years while volunteer-run associations have had to take over more of the site-level responsibilities of maintaining sites, managing lettings and all the other tasks which keep things ticking over.
In 2022, a BDAC working party (with WEGA members involved) reviewed the Management Agreement that Associations have with the Council. We raised many queries about the extent of Association responsibilities compared to what the Council does. We prepared a lot of amendments but were sceptical whether any of these would be accepted. Even if they were, we doubted whether it would work unless the Council employed more staff and carried out the jobs they are supposed to do already (and often don’t). This would mean big rent rises and these are being planned for the end of this year – we are told.
One option to avoid a crisis in allotment management is for the Council to consider whether a ‘third party’ could make a better job of it. Contracting it out to a private company is one option – with the likelihood that this will cost a lot and end up being a disaster if a company with little or no understanding of allotments takes over. Another option is for us volunteers (BDAC Executive and other people with experience of running sites) organise BDAC so it is capable of performing the city-wide management function, and work with associations to help manage their individual sites. To do this means we need to become a fully incorporated body BDAC Limited, otherwise it’s too risky, and put in place the legal provisions which can make it all work.
Even if we don’t go down that road, incorporation is a good move not just for the BDAC but for any allotment association which is dealing with land, buildings, activities as well as people. All the allotment associations which aren’t incorporated are at risk if they are negligent and accidents happen, or get into money trouble because they don’t keep an eye on the accounts.
Ward End Gardeners Association has already taken that step when it became a Co-op in June 2023. We took advice from the National Allotment Society (NSALG) which sponsors allotment associations that decide to take that step. This legal service is provided as part of our membership.
We are now regulated by the Financial Conduct Authority (FCA) and the Co-op Model is one that the BDAC will follow if it’s decided at the AGM on 23rd March.
A vote for incorporation is a vote for:
- more security for the BDAC which represents all city sites
- making possible more options for the future management of sites,
- having the option to take on leases for allotment land
- a vote of confidence in our abilities as organized plotholders to look after our sites in the future.
So if you care about the future of allotments in Birmingham and – of course – want to protect your investment of time, effort and money in your own plot, come to the AGM and vote!
One step at a time. After getting incorporated, there will be lots of negotiations, so don’t expect any immediate benefits for us. The BDAC will be consulting people about the next set of options.
Meantime, the BDAC has some positive ideas which we can discuss and in some cases put things in place now, whatever happens in the future:
- Developing Model Constitutions and Policies to assist in managing sites and raising money from funding bodies;
- Developing new Allotment Rules more suited to the 21st Century
- Providing support, training and development opportunities for Committee Members and Associates;
- Creating partnerships with other organisations that can be of benefit to allotment sites
- An incorporated BDAC taking over the management of associations with leases could give associations much more than the 10% of rents currently available from the Council – maybe up to 70% – to spend on their sites
For more information, use the Contact us enquiry form or write to bdac.allotments@gmail.com, to request the proposed new Co-op Rules and Constitution. Or just come to the meeting – all plotholders welcome