2023 version
Internal rules
Preliminary note :
In collegial governance, responsibilities are shared and authority is distributed among several people who have no hierarchical relationship with one another.
This requires great mutual trust between the members of this governance body, and a constant sharing of ideas and arrangements before they are carried out, and then of the results achieved once they are completed.
This spirit allows us to keep a great deal of flexibility in the way we operate, so as to adapt better to change and, as a result, to strengthen the longevity of the association and its cultural and social usefulness.
Section common to all the roles relating to the management of the association and to all the activities it develops and leads.
1- Structure of the association's management and coordination body.
* this structure is collegial in nature
* for this reason it is called the « Collège des animateurs » (Board of Coordinators), hereinafter referred to as the « CAN »
* Its management addresses are as follows :
> postal mail : c/o Alain ARSAC, 727 chemin Louis Blériot, 83136 GAREOULT
> email : contact@jardinsdissole.com
2- Role of the CAN
2.0 - The CAN is entrusted by the General Meeting with :
> the social, technical, administrative and financial management of the association ;
> the development and coordination of the activities offered by the association to its members, and even to the public.
2.1 – Allocation of the roles to be managed by the « Role Managers » and their deputies, in 2022, hereinafter referred to as « GeF »
> See the minutes of the CAN meeting of 14/04/2022
2.2 – Allocation of the activities to be led by the « Officers responsible for successful completion » and their deputies, in 2022, hereinafter referred to as « BoF »
> See the minutes of the CAN meeting of 14/04/2022
NB : These allocations may change at any time. Any changes will be recorded in the minutes of the CAN meetings. The next General Meeting will be informed of them.
3 – How the CAN operates
3.1 – The « path to successful completion »
* Each GeF and BoF draws up a detailed list of the tasks that fall within their area of responsibility and then describes the path to successful completion they will follow to achieve the desired result.
* This list and path may be drawn up with the help of the « Organisation » GeF
* This list and path are submitted as a proposal to the CAN before being put into practice
3.2 – Delegation by the CAN
* Once their list and path to successful completion have been approved, the GeF or BoF receives delegation from the CAN to represent the association within their area of responsibility.
3.3 – Reporting
* To ensure good coordination in the running of the association, each GeF and/or BoF gives an update at every CAN meeting on their path to successful completion and the results achieved.
4 – Conditions for removing a CAN member
* If the CAN provides the necessary arguments to show that the actions of a CAN member are harming the association, the CAN may decide to remove that member, with no right of appeal.
* This decision will be brought to the attention of the next General Meeting
5 – CAN meetings
* The CAN meets as often as necessary.
* Each CAN member makes every effort to attend every meeting. In the event of repeated absences, the CAN will decide whether that member should remain on the CAN.
* Any CAN member may resign. However, such a resignation is subject to written notice being given to the CAN one month in advance, and to the departing member being replaced by someone accepted by the CAN.
* Minutes are taken of each meeting and sent to each member, then, to make them final, the minutes are approved at the following meeting.
6 – Use of the equipment owned by the association
* users are civilly liable for it
* the prior agreement of the CAN is required
7 – Communication about the management, running and coordination of activities
* It is carried out by any means available to the association
* It must be carried out under the best possible conditions of security and confidentiality
* It must remain faithful to the bylaws as set out in Article 6 (2nd paragraph)
8 – Allowances paid to CAN members
* All GeFs and BoFs act on a voluntary basis.
* However, subject to prior approval by the CAN, travel expenses may be reimbursed on presentation of proof.
9 – Payment of subscriptions by members
For the smooth organisation of the association's management and activities, members must pay their subscription each year before the end of March.
Additional rules specific to the shared garden of Néoules
Jardins d’Issole
Part of the rules specific to the shared garden of Néoules
Spirit of the garden:
The aim of this garden is to encourage moments of exchange, sharing and meeting, centred on gardening and the development of biodiversity. These values help to anchor social ties and foster solidarity. The gardens are also intended for the fulfilment of the family and its members, through their involvement in a green setting that they have created and look after themselves. To this end, a spirit of harmony, respect for others and respect for the operating rules are essential to achieve and maintain these aims. The gardens must look like gardens, and they contribute to improving the local quality of life. Every gardener must be a guardian of these values. The town council owns these gardens and, should it find that the social and environmental development objectives are not being met, it may suspend the activities of the shared garden.
Article 1 - Operation:
The CAN (Collège des animateurs, and its representative) is the point of reference for settling various matters:
* it ensures that the rules specific to the shared garden are applied
* it manages memberships and the allocation of plots. In the event of a disagreement between gardeners, it ensures that mediation takes place to restore a friendly atmosphere.
In the event of a breach of the obligations set out in the rules, after hearing the gardener concerned, the CAN will settle the dispute, and exclusion may be considered.
Every gardener must read these rules as soon as a plot is allocated to them or they commit to the collective garden, and must sign them. Failure to comply with these rules may lead to the withdrawal of the right to use the garden plot, as decided at a CAN meeting.
These rules may be discussed at a gardeners' meeting, but the CAN alone is entitled to propose amendments to the rules set out here.
Should they be changed, the rules must be put to a vote at the next Ordinary General Meeting or at an Extraordinary General Meeting.
Article 2 - Registration procedure :
Any adult may apply to join the association, subject to the following conditions :
• Payment of the subscription is made according to the arrangements set out in the internal rules of the association JARDINS d’ISSOLE
• Every membership is valid for one calendar year and is tacitly renewable, provided the subscription is paid. All of this is within the limits of the term of the lease of the land by the municipality. For membership renewal, failure to pay before the end of February of the current year will result in the plot being withdrawn.
• Membership takes effect on the date these rules are signed, after they have been read through by a member of the association with the new gardener. The new gardener must accept them and sign two copies (the signature preceded by the words « read and approved »), one to be attached to the membership form and one to keep for future reference.
a) For an individual plot:
• The right to use an individual plot is allocated by the CAN once a written application has been submitted.
• The right to use a plot is granted depending on plot availability.
• There can only be one plot per household.
• Description of the plots: 80 m²
• Applicants are placed on a waiting list in order of arrival.
• The allocation of the right to use a plot is effective for one calendar year and is tacitly renewable, provided that the membership fee is paid before the end of February of the current year.
• In the event of resignation, the CAN (or its representative) must be notified by letter one month before the gardener's departure. In all cases of departure, whether voluntary or by exclusion, the gardener will have one month to leave their plot and, where necessary, repair and clean it.
• Applicants must simply join the association, which is compulsory.
Article 3 - Management and maintenance:
a) Of an individual plot :
• Maintaining the individual plots is the responsibility of each gardener. The whole of the plot must be kept in good order throughout the year. If it is not being maintained, the CAN (or its representative) must point this out to the gardener. The plot must be clean and tidy. The gardener of a neglected plot will have to justify themselves with valid reasons. If the plot is still not maintained without acceptable reasons, the gardener may be excluded by decision of the CAN.
• The gardener must regularly maintain the immediate surroundings of their plot.
• To preserve a pleasant appearance of the gardens, all waste (plastics, scrap metal, etc.) must be removed by the gardener. Green waste and wood must be composted.
• Any activity likely to cause a nuisance must first be discussed with the neighbours and then approved by the CAN.
• The gardener undertakes to cultivate their plot themselves and not through a third party.
• In the event of temporary unavailability (holiday, illness, etc.), the gardener may be replaced by a person of their choice. They must inform the CAN or its representative, who will decide according to the reasons for and the length of the absence.
c) Of the communal areas:
All gardeners are expected to take part in maintaining the communal areas and to report even the slightest damage:
• Maintenance and planting up of the perimeter fence around all the gardens, the gate and the small gates.
• The internal access paths serving the plots must be kept completely clear to make it easier to get wheelbarrows through, and must be cleaned regularly.
• The communal buildings.
• The shared compost bins and the storage bins (shredded material, green waste, straw, etc.).
• The manual and motorised gardening tools.
• The flexible water tanks.
• The trees and the planted mounds.
• The planted hedges between plots.
d) It is forbidden :
• To use the space or equipment provided by the association for professional purposes.
• To install beehives.
• To store electrical appliances, heating installations, or flammable or toxic products.
• To park motorised vehicles.
• To put up advertising signs.
• To engage in activities that could disturb the neighbours (the use of hi-fi systems and other music equipment is forbidden).
• To use petrol-powered machines other than during collective work approved by the CAN.
Article 4 - Collective work:
The association provides a schedule so that each gardener can sign up for the tasks involved in maintaining the garden as a whole. This schedule is managed by all the gardeners. It will be displayed on the shelter for everyone to see.
Each gardener undertakes to take part in work of collective interest according to their abilities.
A notebook allows each gardener to record the various jobs carried out, so that they can be followed up and gardeners' involvement can be monitored.
Community work days may be organised. The themes and dates of these work days will be announced 2 weeks in advance and may be postponed or cancelled depending on the weather.
Article 5 - Tools and equipment:
The association provides gardening tools and equipment for the gardeners to use.
Each gardener must clean, maintain and put away the equipment properly after use.
The repair of any damage caused by the gardener and the upkeep of the hand tools provided are at their own expense.
The stock of materials used up during the year in the communal and shared areas (straw, seeds, potting compost, etc.) will be managed by the gardeners, who will organise among themselves the delivery to the garden and the restocking.
Article 6 - Layout of the plots:
• Any masonry construction is forbidden.
• The materials used to lay out the garden must be in harmony with the environment and must be of natural origin, such as wood, plants, stone, etc.
• Any structure that is indestructible and cannot be dismantled is prohibited. As a result, a dry-stone wall is acceptable provided that it is not built with mortar (with an indestructible binder: cement, lime, render, etc.).
• The installation of forcing fleece covers is permitted if the footprint does not exceed 6 m² and the maximum height is 0.5 m. To respect the landscape quality of the gardens, any other project must be submitted to the CAN and approved by it.
• The garden is not a place for storing things : all the tools needed for gardening and for permitted leisure activities must be stored in the shelters provided for that purpose.
• For individual plots : The plot may be fenced, but any fence of whatever kind must be planted up as much as possible.
Article 7 - Planting and respect for the environment:
Crops must be organic and varied. As regards pests, the use of organic techniques is COMPULSORY; chemical treatment of any kind is strictly prohibited.
Plants must be suited to the space available.
For individual plots, the planting of trees will be subject to the written approval of the CAN, after consultation with the neighbouring plot holders.
Fires for disposing of waste are strictly forbidden, as are barbecues on individual plots.
Green waste must be composted (on the individual plot or in the communal compost bins provided for this purpose).
The plots are intended for vegetable and/or ornamental growing, and these crops must cover at least half of the plot's surface area.
Produce from the plots may not be sold. However, during one-off events held by the association or the communal garden, produce, whether processed or not, may be sold in aid of the association.
Article 8 – Children's area :
An area for children has been created solely to keep children occupied while their parents are within the shared gardens. Any activity in this area remains the responsibility of the parents. The association cannot be held liable in the event of an accident.
Article 9 - Animals :
Within the gardens, dogs and other pets must be kept on a lead and their waste must be cleared away.
They are under the responsibility and supervision of their owners.
If problems of damage or nuisance involving the same animals occur repeatedly, and after a warning from the CAN representative, the gardener must no longer bring their animals into the gardens.
Keeping livestock on the plots is strictly forbidden.
Article 10 - Water consumption and saving resources :
a) Water :
Gardeners are required to manage water well (natural mulching, watering at the end of the day).
The water in the garden is not drinkable. It is reserved exclusively for watering plants. It is forbidden to drink it or to use it for any other personal consumption.
b) Resources :
Manure, compost and wood chippings must be placed in the bins provided for this purpose and may be reused by everyone as needed,
Resources must be used fairly, with consideration for everyone's needs.
Gardeners must be familiar with composting techniques; the CAN representatives can advise you.
Article 11 - Vehicles :
Access for any motorised vehicle on the paths is strictly forbidden, except in special cases, which must be agreed beforehand with the CAN representative.
Article 12 - End of allocation and return of an individual plot :
If the usufruct agreement is not renewed, an inventory of the plot's condition is drawn up with the CAN representative, the outgoing gardener and, where applicable, the incoming gardener.
On departure, the gardener may not claim any right of succession from their successor by reselling the plants they have planted themselves.
Under no circumstances may the usufruct agreement be transferred directly from one gardener to another. This transfer is arranged by the CAN according to the established selection criteria.
Under no circumstances may the usufruct agreement be sublet.
Article 13 - Grounds for exclusion :
Failure to comply with any of the terms of use set out in the internal rules below constitutes grounds for exclusion :
• Insufficient upkeep of the individual or communal plot.
• Insufficient participation in collective work.
• Failure to respect the rules of communal life.
• Non-payment of the annual membership fee after two unsuccessful reminders.
• Failure to comply with the requirements concerning organic growing.
• Any commercial activity involving the sale of cultivated produce.
• Misuse of resources (water, compost, pallets, etc.)
-Failure to respect community living, which may amount to serious misconduct, such as:
• Damage to equipment.
• Theft.
• Physical or verbal violence, discriminatory remarks that may harm the moral or physical integrity of others.
• Behaviour deemed harmful to the interests of other gardeners.
In the event of a breach of the internal rules, the CAN will give the gardener concerned two formal warnings.
Before any decision on exclusion, the gardener concerned will be summoned and invited to give an explanation to the CAN.
Dialogue and discussion are the preferred approach to managing the gardens.
A final decision will be notified to the gardener by registered letter with acknowledgement of receipt.
However, in the case of serious misconduct (at the discretion of the C.A.N), the gardener may be liable to immediate exclusion, notified by registered letter with acknowledgement of receipt.
A gardener's exclusion will take effect as soon as it has been notified by one of these letters. They must vacate their plot within two weeks, failing which the CAN will remove their equipment.
Article 14 - Membership fees for individual plots :
The annual membership fee for individual plots is set at €15, plus €15 for membership of the JARDINS d'ISSOLE association each year. The year runs from 1 January to 31 December. This fee is payable in full and in one instalment at the time of signing, and then every year before the end of January.
No reduction is given for those who join part-way through the year, and no refund is given in the event of departure or exclusion during the year.
This fee is intended to fund the running of these gardens (that is, insurance, subscription costs for the various utility networks, the loan of tools, and any other costs linked to the smooth running of the gardens).
Article 15 - Garden opening days and hours:
The gardens are open every day and at all hours; however, it is forbidden to spend the night in the gardens.
Each gardener undertakes to close the entrance gate on arrival and on departure.
Article 16 – Change of address :
Any change of address must be notified in writing to the CAN. In the event of a move to another municipality, the letter must state the date of departure from the municipality (supporting documents to be enclosed).
If, following a move, a gardener wishes to end the rental of their individual plot, they must :
• If moving within the canton : return the garden at the end of the rental contract (on 31 December of the current year at the latest).
• If moving outside the canton : return the garden within one month of moving.
Article 17 – Accidents and theft :
The association cannot, under any circumstances, be held responsible for damage of any kind committed by any of the gardeners, nor for accidents or thefts of which a gardener may be the victim or the perpetrator.
Gardeners are civilly liable, towards other members and all third parties, for damage, accidents or disturbance of enjoyment caused by themselves, by members of their families, or by guests or visitors.
Gardeners are required to take out a third-party liability insurance policy and to provide proof of it each year, for the current year, by means of their receipt. The absence of this insurance is grounds for termination of the rental.
Signed at Néoules on :
A copy of these internal rules specific to the shared gardens of Néoules was given to me today."
Signature preceded by the words "read and approved" :