ARTICLES OF ASSOCIATION

Amateur Gardeners’ Association “De Aa-Tuinen”
Association with full legal capacity:
statutorily established in: Municipality of Zwolle

RULES TO BE FOLLOWED FROM THE ARTICLES OF ASSOCIATION:

Article 5, point 4  (General Members’ Meeting)
4. In the event of non-admission by the Board, the person who has applied may request the General Members’ Meeting to decide on admission nonetheless. This request must be submitted in writing to the Board. The General Members’ Meeting may then decide on admission nonetheless.

Article 6, point 3 (admission as a member)
3. Admission as a member is not possible until after the signing of an agreement for the use of a garden, which right automatically lapses upon termination of membership.

Article 7, points 1 to 2 (obligation of members)
1. Members are obliged:
a. to comply with the articles of association, regulations, and decisions of the bodies of the association;
b. not to harm the interests of the association;
c. to accept and fulfill all other obligations entered into by the association in the name or on behalf of the members, or arising from membership of the association.
2. Furthermore, obligations may be imposed on members by internal regulations, codes of conduct, or by a decision of the General Meeting of Members.

Article 8, points 1 to 5 (membership fees and other obligations of members)
1. Members (with the exception of honorary members) are required to pay an annual contribution (membership fee), which is determined by the General Meeting of Members.
2. A member is obliged to meet his financial obligations on the date indicated by the association (the due date). If the member has not fully met his financial obligations one month after the due date, he is excluded from participating in the activities of the association from that date without right of appeal until he has fully met his financial obligations. During that period, the member cannot exercise any rights within the association and remains obliged to comply with all obligations arising from membership.
3. The Board is authorized to grant full or partial exemption from the obligation to pay a contribution in special cases.
4. If a member fails to meet his financial obligations to the association in a timely manner, the member owes statutory interest on the outstanding amount from the due date. If the member remains in default, either wholly or partially, after a new payment term has been granted, the member owes not only the statutory interest but also the statutory percentage of collection costs on the original amount. If the member persists in his default, he owes, in addition to the statutory interest and said collection costs, all costs reasonably incurred by a lawyer or bailiff for the collection of his debt to the association, unless the court decides otherwise.
5. Members, their guests, and family members shall refrain towards other members from any form of behavior, intentional or unintentional, that is perceived by the other member subjected to it as unwanted, threatening, insulting, or coercive. Acting contrary to this provision shall be considered an offense for which the member shall be held responsible.

INTERNAL REGULATIONS
Amateur Gardeners Association “De Aa-Tuinen”
association with full legal capacity:
statutorily established in: municipality of Zwolle

RULES TO BE FOLLOWED FROM THE INTERNAL REGULATIONS:

Article 1, point 3 (membership – registration fee)
3. Anyone wishing to register to obtain a garden must pay a registration fee of €17.50 upon registration. This payment serves as a confirmation of interest. After this, the registration is final. If no vegetable garden is made available after a period of three years, a refund of the registration fee may be requested.

Article 3 (membership – allocation, deposit)
3. Upon allocation of a garden, the member must pay a deposit. This deposit serves as security for the garden to be returned in good condition upon termination of membership. After the deposit, membership fee, and usage fee have been paid, the member will receive proof of membership. Upon payment of a deposit, a key to the toilet and shelter facilities of the association building will be issued. This key remains the property of the association and must be returned upon termination of membership, after which the key deposit will be refunded.

Article 4 (Membership – Cancellation and Garden Cleaning)
Members who have cancelled their membership in accordance with Article 10 of the statutes, or for whom membership has been terminated for other reasons (excluding death), must leave their garden cleaned and remove all property, in consultation with the Garden Intake Commissioner. In the event of negligence in this regard, the deposit will not be refunded. A garden member who has been suspended no longer has access to the garden, other than for cleaning and the removal of property, for which the board will set a written deadline.

Article 16 (Financial Resources – Membership Fees)
The membership fee must be paid no later than February 1st of the relevant year. If payment has not been made by March 1st of the following year, even after an outgoing reminder, suspension will follow, in accordance with Article 8 of the statutes. The Board will communicate in a timely manner where, when, and in what manner payment can be made.

Article 34
It is not permitted to grant shared use of garden plots to a third party (subletting).

Article 35.
Members shall protect each other’s property on the gardens as much as possible.

Article 37.
The gardens are regularly inspected for their state of maintenance and to ensure they look well-kept. This means checking whether they have been cleared of invasive plants such as wild blackberries, are largely free of weeds, ground elder, and other fast-growing/self-seeding plants, in compliance with Article 29A. If it appears that maintenance leaves something to be desired, the garden member will be addressed about this as soon as possible. The garden member will then be given 14 days to put the garden in order. If the request is not complied with within the given period, the member will receive notice of suspension by letter. (See Article 9 of the Articles of Association). In a situation of regularly recurring neglect of the garden plot, the Board is not required to observe a 14-day period and may proceed to suspension immediately.

Article 39, points 1 through 13. (obligation of the members)

1. to have their garden fully cultivated by May 1st at the latest.
2. to allow the garden commissioners as well as other board members access to their garden plot at all times.
3. to cultivate their garden themselves in principle; having digging and tilling done by third parties is permitted.
4. to maintain the paths along the gardens as well as the banks of ditches and watercourses without allowing the vegetation to become overgrown. Existing hedges must not cause any nuisance and/or disturbance. The maximum height of hedges and other partitions is 1.60 meters. NB: Ditches are the inland waters on the complex; watercourses are the (wider) waters that surround the complex.
5. to maintain the ditches and the ditch banks both above and below the waterline and to keep culverts and inlets clear so that proper water management is ensured.
6. The provisions stated under 5 also apply to the watercourses, with the understanding that maintenance is limited to one meter from the bankside.
7. The slope must be free of overhanging vegetation and may only be covered with grass or other walkable vegetation.
8. Constructing small stone steps to the waterside is permitted with the restriction of a maximum width of 1 meter.
9. Grasses must be mowed at least twice a year: before July 1st and before October 1st.
10. The bankside/slope runs at an angle of approximately 45 degrees from the ditch.
11. No obstacles such as fences, structures, posts, compost heaps, etc., may be placed within one meter of the top of the slope (bankside). This area must be freely accessible for maintenance and inspection along the entire length of the ditches and watercourses of the garden complex.
12. All non-compostable waste must be removed from the garden complex. It is prohibited to store this on or outside one’s own garden on the complex.
13. to inform the board in a timely manner in the event of illness, prolonged absence, etc., so that an (interim) solution can be sought for garden maintenance and cultivation.

Article 40, points 1 through 21 (members are not permitted to:)

1. plant in such a way that, upon full growth of the crop, shrubs, or trees, nuisance is caused to adjacent plots.
2. use asbestos as a material in the garden. It is also not permitted to incorporate gravel, crushed stone, shells, etc. in the garden; not even as a covering for paths, ditch banks, terraces, etc.
3. enter other gardens or visit greenhouses or garden sheds without the owner’s permission. Members must also ensure that household members and guests comply with this prohibition. Entering other gardens is only permitted when use is required of the right of way (Article 32) or if Article 35 applies.
4. to break fences, remove or move boundary posts, regardless of whether they belong to the municipality or the association.
5. to place bicycles and similar items on the garden paths in such a way that the passage/access of others is obstructed.
6. to post, hang up, or distribute written or printed materials without permission from the board.
7. to hunt or allow hunting, to capture game, to collect eggs, or to fish.
8. to close off the ditches in any way whatsoever. When placing jetties or other structures, care must be taken at all times to prevent ditches, drainage pipes, and culverts or culvert outlets from becoming blocked or damaged.
9. to cover the ditch banks with stones, artificial grass, rugs, carpeting, and other non-compostable materials.
10. to burn waste on the garden complex. Waste is also understood to mean pruning waste, potato foliage, bean straw, etc.
11. to cover paths outside one’s own vegetable garden with, for example, plastic, artificial grass, rugs, carpeting, and other non-compostable materials.
12. to cause noise nuisance on the garden complex in any way.
13. to keep or have animals kept on the garden complex (such as chickens, rabbits, pigeons, etc.).
14. to deposit waste on the complex itself, near the entrances and exits, and/or around the container.
15. to conduct trade on the garden complex in any respect without permission from the board.
16. to use or allow others to use the association’s tools outside the garden complex. Used tools must be stored immediately after use – cleaned – in the designated place.
17. to compost garden waste (mowing, garden, and pruning waste) outside one’s own garden. (Therefore, not in the municipal vegetation of the complex either).
18. to store items on the garden that are not related to the vegetable garden. This is at the discretion of the board.
19. A barbecue/fire pit etc. To be used before 17:00, due to lung patients who may experience serious discomfort from this. An exemption can be requested from the board.
20. It is prohibited at all times to burn impregnated and/or painted wood, residual waste, and garden waste.
21. to use the water from the association building to water the garden. This water may only be used for drinking water and/or washing the eyes.

Article 41.
On every garden plot, a tool shed – also serving as a bench – may be placed with dimensions in the order of 2.25 m long, 0.65 m wide, and 0.65 m high. The placement of a flat greenhouse – provided it is made of proper material – is also permitted on every garden plot (however, not higher than 65 cm). On a garden plot smaller than 1 are, a maximum of 10% of the surface area may be built upon with a maximum of 2 of the following structures: tool shed, flat greenhouse.

Article 42.
On a garden of 1 are or larger, a maximum of 10% of the surface area may be built upon with a maximum of 3 of the following structures: tool shed, flat cold frame, garden house, shelter, shed, canopy on stilts without walls, awning, greenhouse, tunnel greenhouse, subject to the provisions of the Holtenbroek zoning plan.

Article 43. Before construction begins, an application must be submitted to the Permits Commissioner. Permission must also be requested for changes to the structure (if the surface area or height changes). Construction may commence once the permit has been granted.

Article 44.
The maximum height of any structure may not exceed 2.40 meters.

Article 47.
All structures mentioned in these articles must be properly maintained. All woodwork must be painted in muted colors (green, brown, blue, ochre, white, black are preferred). Impregnated wood does not need to be painted. In the event of insufficient maintenance, the same rules apply as in the case of negligent maintenance of the garden.

Article 48.
All costs arising from the placement and/or use of the structures mentioned in these articles shall be borne by the member. The costs of demolition, clearing, and removal shall also be borne by the member.

Article 49.
The plots may only be used by members and their family members from sunrise to sunset.

Article 51.
Members are prohibited from promoting political/religious principles on the garden complex or from making propaganda for them in any way whatsoever. In general, members are expected to conduct themselves on the garden complex in accordance with the objectives of the association (see Art. 3 of the statutes).

CROPS CULTIVATION
Point 1.
Members are strongly advised to apply crop rotation when cultivating crops.

Without crop rotation, the same crop stands in the same place every year. This method of gardening contributes to soil depletion and the establishment of diseases.

FERTILIZER
Point 1.

The supply and storage of manure should be limited as much as possible to the period from October 1st to April 1st. This prevents continuous contamination of the garden complex.
Point 2.
The supplied manure must be covered or incorporated into the soil immediately. This prevents groundwater contamination and odor nuisance.

STRUCTURES/BUILDINGS
General:

1. Before construction begins, an application must be submitted to the Permits Commissioner. vergunningen@aatuinen.nl. This can also be submitted verbally or in writing. An application form will then be provided. The application form can also be downloaded from the website www.aatuinen.nl. Construction may only begin once permission has been granted.
2. A general rule is that no more than 10% of the garden area may be built upon. (10% is based on the Holtenbroek Zwolle zoning plan from 2010, which also specifies a maximum size of 10 m² for a greenhouse and 8 m² for any other building.) The structure may be a maximum of 2.40 meters high.
3. All structures (garden sheds, greenhouses, tunnel greenhouses, etc.) must be made of sound building material. Although it is difficult to give a definition of “sound,” it should be clear that easily tearing plastic film, (plastic) floor laminate, etc., are prohibited. UV-resistant tunnel/greenhouse film is preferably used. In case of doubt, the board must be consulted.
4. The construction must also be sturdy. This means: it must be built in such a way that the structure does not break or blow over in strong winds. If this does happen, the debris must be cleared away promptly. If it threatens to happen, measures must also be taken promptly to prevent it. At all times, it must be prevented that debris ends up in the ditch or on someone else’s garden.
5. The basic principle for placement is that the building/structure does not cause any nuisance to the neighbors/gardeners.
6. The distance of the structure to the property boundary must be at least 1 meter. This means approximately 1 meter from the boundary with the neighbors, the public path, and the ditch embankment. (That is one meter from the sloping part).