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MCG&RA COMMITTEE GUIDING PRINCIPLES 

Introduction

The original Feu Charters of each property (granted around 1870) include a right, share and interest in the strip of ground between Magdala Crescent and the wall enclosing the grounds of Donaldson's Hospital, to be enclosed, planted and laid out as pleasure ground.  Different titles may be worded differently, but the general gist of each title will be the same.

Each owner has the right to use the gardens by walking therein.  There is a corresponding obligation on each owner to maintain the pleasure ground.

Old Documents

The owners of Magdala Crescent Gardens do not have any rights of ownership in respect of the boundary wall on the west side of the gardens which is wholly owned by the owners of the properties situated on the site of what was Donaldson’s Hospital.  Accordingly, they have no liability for its upkeep.  The owners of property in Magdala Crescent (as represented by members of the Magdala Crescent Gardens and Residents’ Association) should however ensure that no damage to the wall occurs as a result of any action or negligence on their part in particular by allowing tree roots or growth of ivy on the east side of the wall.

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It is in the interests of all proprietors that the gardens should be maintained in good order.

Guiding Principles

(as revised February 2023)

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  1. Membership and Annual Subscriptions​

    • All owners of properties in Magdala Crescent. One subscription per “property”.

    • Non-residents, as approved by the Committee. Can attend GMs and speak, but not vote.

    • Subscriptions are payable for each year (from 1st April to 31st March) and fixed annually at the AGM.

    • Discount to subscriptions may be applied for prompt payment by those who own property in Magdala Crescent.

    • People who do not own property in Magdala Crescent may, at the discretion of the Committee, subscribe to the Gardens. 

    • Subscribers who do not own property in Magdala Crescent do not qualify for early payment discount.

  2. Committee

    • The Committee will consist of a Chairperson, a Treasurer, a Secretary and at least 3 other members.

    • No more than one person from each Magdala Crescent property shall be a member of the Committee.

    • The Committee will hold meetings at least once every 3 months.

    • A quorum of the committee shall consist of at least three members of the committee.

    • The Chairperson will, in the event of a tied vote, have an additional casting vote.

    • 2 members of the Committee shall be required to sign cheques on behalf of the Association, or instruct other forms of payment.

    • The Treasurer is required to seek authorisation from the Chairman (or other nominated Committee member) prior to making any payment online.

  3. Purposes of the Committee 

    • The Committee's principal remit is to address items relating to the Gardens.  There may however be an occasion when a general issue, which is a cause for concern, affects all proprietors of Magdala Crescent.  Should this occur, the Committee may unanimously agree to become involved.

    • The Committee will then seek views and any relevant information from proprietors.  In the light of views and information received, the Committee will by a majority vote form a collective view and make a decision as to how to proceed.  If they consider it appropriate, they may submit comments/objections to the relevant authority/person/body on behalf of proprietors.

    • To arrange an AGM (Annual General Meeting) and EGMs (Emergency General Meetings) as necessary. Except in an emergency, there should be at least 3 weeks' notice of an AGM.

    • To recommend a Subscription to the AGM

    • To manage as they see fit the maintenance and use of the garden.

    • To consider any other matters affecting the local amenity of the Crescent

    • To arrange an annual garden party and any other celebrations

    • To appoint a suitable person to examine the accounts and report to the AGM.

    • To co-opt members as necessary or desired

    • To appoint a replacement Chairperson or Treasurer or Secretary should a vacancy arise

    • To decide on restrictions on use by non-residents.

    • To approve or reject applications by non-residents for membership.

  4. AGMs etc

    • The AGM is to be held no later than  28th February each year.

    • EGMs are to be held as decided by the Committee or when requested by at least 10 members.

    • The Chairperson of the Committee or their appointed deputy will be the Chairperson of the AGM.

    • Votes will be “one vote per Magdala Crescent property subscription”.

    • In the event of a tied vote, the Chairperson will have an additional casting vote.

    • The purpose of the AGM will be :-

      • To approve Minutes of the previous AGM and any GMs (General Meetings) or EGMs.

      • To discuss and approve the accounts.

      • To set the Subscription for the coming year, commencing on 1st April.

      • To discuss issues of garden maintenance and future developments.

      • To discuss other issues intimated in writing by members not less than 10 days before the date of any notified General Meeting.

      • To elect office bearers and committee members. The Chairperson and Treasurer and Secretary will be appointed annually, as will the other members of the Committee.

      • To discuss any other competent business.

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