Statutes
Statutes and rules for Haveforeningen Mosvig.
The statutes and rules below are accepted when signing the lease for a garden in the association. The statutes are handed out when renting a garden and can also be viewed on request to the chair. The statutes may change after a decision by the municipality or by a general assembly decision in the garden association.
Statutes
§ 1
Name and formation of the association
- The name of the association is Haveforeningen Mosvig. The association is domiciled in Kolding Municipality and comprises 59 garden plots, of which 1 is a communal garden.
- The association was founded in 1981, when the allotment area was established by Kolding Municipality and Haveforeningen Mosvig.
Statutes
§ 2
Purpose and activities
- The purpose of the association is to administer and manage the leased area on cadastral nos. 888f, 7000 ca and 7000 o, Kolding Markjorder 3rd division, for allotment garden purposes in accordance with the land lease agreement concluded with Kolding Municipality, and for the area as a whole.
- Through its board, the association must ensure, among other things, that the provisions of any town plan, local plan or similar for the area and for the individual gardens are observed and respected by the association’s members.
- The board assists with transfers of leases, provides members with guidance on layout, cultivation, and the appearance and placement of buildings, and supports and takes part in activities that promote common interests.
Statutes
§ 3
Definition
- The person or persons who have signed a lease are considered members of the association. A member has the right to speak and vote at the general assembly once the rent has been paid.
Statutes
§ 4
Members
- Persons of legal age who at the same time lease a garden when the membership begins may be admitted as members and co-tenants.
- The member must at all times be able to document access to a residence outside the garden association.
- Membership and the right of tenancy are personal, and the garden may therefore under no circumstances be sublet. The member is responsible for guests and their conduct in the garden association. If guests are repeatedly found on a member’s plot while the member is not present, the board is entitled to expel them from the plot. If a member does not comply with the rules on lending, the lease may be terminated after notice pursuant to § 7.5.
- The member has the right to have a co-tenant added to an existing lease together with the member in the case of a spouse/registered partner or a cohabiting partner (of more than 2 years). Transfer by inheritance is, however, exempt from the waiting list, cf. point 7 of the lease.
- The member is not entitled to transfer the lease to anyone other than those mentioned above if the association has a waiting list. The member is obliged to inform the board and agree on the process for any sale.
- Transfers may only take place through the board. When a lease is endorsed, the fee applicable at any time must be paid. The fee is set annually by the general assembly.
Statutes
§ 5
Enrolment
- No one may lease a garden plot on the area mentioned in § 1 without at the same time enrolling in the garden association. On enrolment a fee is paid, which goes towards the association’s operations. The fee is set annually by the general assembly. Keys and key fobs for the communal garden with waste collection, disposal point and toilet building, as well as water keys, are handed over — or the cost of replacements in case of loss is covered by the seller.
- Surplus membership fee, shared insurance etc. are transferred to the new tenant and may be included in the transfer price.
- Transfers of gardens may only take place through the board. On enrolment, a lease approved by Kolding Municipality is used.
- The board assists the transaction between buyer and seller. The board furthermore acts as seller on behalf of the association if the association takes over a plot in the event of eviction or written-off lease obligations.
- Before a plot is transferred to a new tenant, the previous tenant must carry out fire protection of any part of the existing buildings closer than 1.5 metres to neighbouring plots, roads, paths and parking areas, or closer than 2.5 metres to the outer boundary of the area.
- Members are as a general rule admitted from the waiting list. The waiting list must be publicly available. The general assembly sets a cost-based annual fee for joining the waiting list.
- The gardens may only be leased to persons residing in Kolding Municipality. Persons without a garden attached to their home have priority.
- A member may only lease one garden plot within the association’s area. Only one garden may be leased per registered home address.
Statutes
§ 6
Membership fee
- The members of the garden association bear the following costs:
- Membership fee to the association for its shared expenses relating to the operation of roads, common areas and water installations, ordinary operating costs of the toilet building and communal garden, and administration. The general assembly sets the membership fee annually.
- Share of water consumption and waste collection, settled jointly on account.
- Ground rent to Kolding Municipality, set by Kolding Municipality after negotiation with the association’s board.
- Savings pools are set annually by the general assembly: savings for the renovation of water pipes and secondary meters.
- Insurance. It is a requirement that all gardens are insured against fire, with cover for the costs of clearing and environmentally sound clean-up of the plot after a fire. The association offers a shared insurance policy, collected annually together with the rent.
- The member has the right to choose another insurance provider. It is, however, a requirement that the policy and proof of payment are presented once a year, no later than 1 March. Failure to comply results in notice pursuant to § 7.5.
- Cancellation of and enrolment in the shared insurance must be reported in writing to the board before 1 January, taking effect from 1 March.
Statutes
§ 7
Fees and termination
- Garden rent, insurance, charges etc. that are not paid or presented by the set deadline incur a fee, which is set by the general assembly.
- If payment has not been made within 10 days of the set deadline, the member will be charged a fee and issued a new demand with 10 days’ notice. Thereafter a further fee is charged, and the member will be informed, by letter delivered to the address, that the amount owed must be paid within 14 days. Failing this, the lease will be terminated without further notice.
- Members are liable for any debt to the association with the garden house and movable property on the plot.
- The board has the right to terminate a member’s lease in accordance with the lease and the statutes.
- Orders and notices issued by the board in connection with garden inspections and the rules of order must be complied with within 30 days. Thereafter the tenancy may be terminated with 14 days’ notice.
Statutes
§ 8
The general assembly
- The general assembly is the association’s highest authority. The meeting is held outside school holidays and public holidays, and after normal working hours.
- The general assembly must be held once a year before the end of April. The board is responsible for convening it, which must be done in writing by email with at least 14 days’ notice. Exemption from email may be agreed with the board by putting up a mailbox with the member’s name on the plot.
- The notice must state the time and place and include an agenda comprising at least the following:
- Election of chairperson of the meeting
- The chairman’s report
- Annual accounts approved by 2 auditors. The accounts are sent out with the notice.
- Proposals received. Proposals for consideration must reach the chairman in writing no later than 8 days before the general assembly.
- Setting of the membership fee and fees relating to the association’s operations.
- Election of board members for 2 years, cf. § 11:
- Chairman, up for election in even years.
- Treasurer, up for election in odd years.
- Member 1, up for election in even years.
- Member 2, up for election in even years.
- Member 3, up for election in odd years.
- Election of 2 substitutes for 1 year.
- Election of 2 auditors.
- Election of 1 substitute auditor.
- Any other business.
- The general assembly may set one-off or annual savings amounts for carrying out major works, e.g. water pipes, secondary meters or similar. Such amounts are a mandatory payment under the tenancy.
Statutes
§ 9
Extraordinary general assembly
- The ordinary general assembly resolves to hold one.
- The entire board decides to hold one.
- If at least ¼ of the association’s members demand it in writing.
An extraordinary general assembly must be convened with at least 14 days’ notice and held within 4 weeks of the request being submitted in writing to the association. The notice must include an agenda. The members may convene one themselves if the board does not comply with the statutes.
Statutes
§ 10
Voting
- All ordinary matters put forward are decided by a simple majority of the members present; an equal number of votes for and against means rejection.
- Voting is normally by show of hands, but a written ballot may be demanded by:
- The chairperson of the meeting
- The board
- A majority of the members present.
- Each garden has only one vote.
- Voting by proxy or postal vote is not permitted.
Statutes
§ 11
The board
- The board consists of 5 members, of whom the chairman and treasurer are elected separately, while the board itself appoints a vice-chairman and a secretary. The secretary keeps minutes of decisions from meetings and general assemblies. The minutes of the general assembly are signed by all board members and sent out to the members.
- Board meetings are held when the chairman or at least 2 of its members so wish. The board constitutes a quorum when at least 3 members are present.
- Matters before the board may be decided by vote, and the chairman’s vote is decisive in the event of a tie.
- No closely related family members may serve on the board at the same time.
- A member may be elected to the board once their lease has been in force for 1 year.
- Re-election is possible.
Statutes
§ 12
The accounts
- The financial year runs from 1 January to 31 December.
- The annual accounts are checked by the 2 auditors elected at the general assembly, who at least once a year must check the cash book, the vouchers and the presence of the funds.
- The treasurer receives all income and must keep a cash book and accounts, which must at all times be available for presentation to the board and the auditors. Any member may, on request to the board, be shown the funds and the accounts, without personally sensitive information, within 14 days.
- The association’s funds are deposited in the local bank or savings bank.
- The treasurer’s cash holding is set by the board and should not exceed what is needed for day-to-day operations.
- The treasurer and the chairman must both approve, and are both authorised to withdraw from and make payments from, the association’s bank accounts.
- The cash book must be kept up to date, and expense vouchers must be numbered, filed and entered in the accounts.
Statutes
§ 13
Administration
- The board is responsible for, and administers, the association’s funds.
- The board must ensure that these statutes and the provisions of each member’s lease are observed, and that peace and order are not disturbed.
- In financial matters the association is bound towards third parties by the chairman together with at least 1 board member.
- Every member is subject to the board’s decisions, which can only be overturned or changed by the general assembly.
- The board has the right to terminate a member’s lease in accordance with the rules of the lease, cf. § 7.
- The association does not pay remuneration; expenses for office supplies etc. are covered by the association.
- The board has the right to engage paid help for the association’s operations if deemed necessary.
- Parts of the operations may be delegated to individual members, but responsibility remains with the board.
- The board is obliged, once a month in the period 1 April to 1 October, to inspect the association’s area for faults or defects and see to it that they are corrected.
- Members cannot deny a quorate board access to their gardens.
Statutes
§ 14
Communal work
- The board may require the members to take part in 2 annual communal work days. Work days are announced with at least 1 month’s notice.
- In the event of non-attendance, a garden without attendance may be fined. The fine is collected by invoice or together with the rent. An imposed fine is regarded as a mandatory payment under the tenancy and is set annually by the general assembly.
Statutes
§ 15
Amendment of the statutes
- For a proposal to amend these statutes, at least half of the members must be present. The proposal may then be adopted if at least ⅔ of those present vote in favour.
- If half of the members are not present, the amendment is referred for renewed consideration at a subsequent extraordinary general assembly, where a ⅔ majority is required regardless of the number of members present.
- Before they take effect, amendments to the statutes must be submitted to Kolding Municipality for approval.
Statutes
§ 16
Dissolution
- Any dissolution of the association can only take place after adoption at the general assembly followed by a ballot of all members.
- At the ballot, at least ⅔ of the members entitled to vote must be present. Adoption of the dissolution requires at least half of the votes in favour.
- Dissolution can only take place with the municipality’s approval, including a plan for winding up the association’s financial obligations, any assets, etc.
Statutes
§ 17
Rules of order
- Questions concerning the interpretation and implementation of the provisions of the statutes are finally decided by Kolding Municipality as the enforcing authority.
- The member is responsible for keeping their own contact information up to date with the association’s board, cf. § 8.2.
- Invoices, information, newsletters, notices etc. are sent by email or to approved mailboxes on the plot. The member is responsible for reading email and emptying the mailbox. General announcements are also posted on the association’s website, Facebook and on the notice boards at the car park and in the communal garden.
- The association complies with the GDPR with reference to the Danish Data Protection Agency’s guidance for associations.
- Garden gates must be unlocked on the last Sunday of the month between 9.00-12.00 in the period April to October, when garden inspections will, as far as possible, take place.
- Watering with a hose from the shared water supply is permitted as follows:
- Between 19.00 and 23.00.
- On even dates for gardens with even numbers.
- On odd dates for gardens with odd numbers.
- An adult must be present in the garden while watering.
- Rainwater must be collected or allowed to soak away on the plot. The board encourages consideration when watering from the water supply.
- The hedge must be cut at least once per season, before 1 October. The maximum height is 180 cm. The hedge facing the road must be cut back so that lamp posts are clear. Gardens 22 and 42 are exempt, as the lamp post stands in the middle of the boundary. For gardens 1-20 the outer hedge must be adjusted to leave a free path width of 4 m from the lamp posts on the opposite side.
- Only clean, dry wood may be burned, and only on a fire site arranged for the purpose. Burning must not be a nuisance to the surroundings. The fire must be attended until fire and embers are extinguished.
- Clean branch cuttings may, with permission from the fire authorities, be burned at the Sankt Hans (Midsummer) bonfire at the car park.
- Before construction begins, the tenant must have submitted a building application to Kolding Municipality and had it approved. The application must be pre-approved and endorsed by the board after presentation at the next board meeting. The application must include a dimensioned site plan and dimensioned sketches of the proposed construction. Overhangs of less than 50 cm do not count towards the built-up area. In cases of doubt, the board may need to measure and review the application with the member. See the specific rules for buildings under “Særligt for bygninger” in the lease.
- Parking is not permitted on the plots; use the marked parking areas. A trailer space with a gate in front may be established on the plot.
Land lease contract
Pkt. 1
Effective date – term
- The lease takes effect on 1 June 2015 and is binding on both parties until 1 June 2045, subject to points 12 and 13. Before expiry, the parties may negotiate an extension of the lease.
Land lease contract
Pkt. 2
Rent
- The tenant pays annual rent per m² for the total area of the garden plots in the allotment area. When this lease takes effect, the amount is DKK 1.00 per m².
- Rent is payable twice yearly on 1 April and 1 October.
- The landlord sets the rent each year when the City Council adopts the budget for the coming year.
Land lease contract
Pkt. 3
Property taxes and insurance
- Any property tax on the land is paid by the landlord. Property tax or other building tax concerning greenhouses, sheds, allotment houses, the toilet building or the clubhouse is paid by the tenant.
- The tenant must ensure that all structures and facilities in the area, including buildings, the toilet building, waste and container areas, fences, gates, equipment and materials used for the tenant’s ordinary operation, are properly fire-insured. The insurance must cover clean-up and environmentally sound remediation of the leased area after a fire.
Land lease contract
Pkt. 4
Operation and maintenance
- The tenant has full responsibility for operating and maintaining the area’s roads, common areas, garden plots and existing and future toilet buildings with discharge facilities connected to a sewer or settling/collection tank, including installations within the lease boundaries as shown on the plan.
- Where the tenant’s statutes so provide, these operating tasks may be delegated to individual members. The tenant remains responsible to the landlord.
- The tenant maintains water installations, including pipes, sewer or settling/collection tank and taps. The landlord is responsible for maintenance up to the connection point for water and sewer.
Land lease contract
Pkt. 5
Wastewater and water
- By 2018 at the latest, the tenant must establish and pay for a shared wastewater solution. At minimum it must include a discharge point for emptying camping toilets and a toilet. Discharge must be to a sewer or collection tank, and the application and completion notice must be sent to Kolding Municipality.
- The project also includes a building application and, if necessary, subdivision by a land surveyor. The proposal must be submitted to the landlord for approval.
- The tenant must work to minimise water consumption in the allotment area. By 2025, the tenant must install sub-meters or equivalent installations so each garden tenant pays for actual water consumption.
Land lease contract
Pkt. 6
Waste collection
- A shared household-waste collection scheme may be established during the summer season in accordance with guidelines issued by Kolding Municipality.
Land lease contract
Pkt. 7
Costs
- Costs in addition to garden rent, such as waste collection, water charges, wastewater discharge, emptying of septic/collection tanks and maintenance of vacant plots, are paid by the tenant.
- At the landlord’s request, the tenant must submit the audited accounts of the allotment association.
Land lease contract
Pkt. 8
The area
- The landlord and tenant established the allotment area in 1981, and it has been leased to the tenant ever since.
- The current plot plan, house numbers, road plan and land use from 2014 may not be changed without the landlord’s prior consent.
Land lease contract
Pkt. 9
Subletting of garden plots
- When subletting to its members, the tenant must ensure compliance with the provisions in this point.
- Garden plots may only be sublet to people who reside in Kolding Municipality and who also become members of the allotment association. People without a garden of their own have priority. As a general rule, the tenant may sublet one plot per registered address. Subletting may only take place through the tenant and according to a waiting list.
- The landlord may set requirements for the rules under which the tenant sublets plots and for how the waiting list must be made available. The waiting list is maintained by the tenant or an authorised person.
- The sublet price may not exceed the price of the land rent under point 2 of this contract.
- The subletting contract and the allotment association’s statutes must at all times be approved by Kolding Municipality.
- The plot must be visibly marked with its plot number.
- Pesticides may not be used on the plot or anywhere else in the allotment association’s area.
- Chemicals, including oil products, may not be stored on the plot. Oil and similar products for garden tools for the tenant’s own use are exempt.
- The tenant may not fertilise the plot with household waste, but may use garden waste.
- Buildings may only be used as a greenhouse, tool shed or allotment house.
- Buildings may not be used as a residence.
- No member may register the area as a permanent address.
- Overnight stays are not permitted from 1 November to 1 April.
- Only occasional overnight stays are permitted from 1 April to 1 November.
- Mobile toilets must be emptied at the discharge point and never on the plot.
- The boundary fence around the plot must be a hedge.
- Hedges between plots must be maintained and kept uniform.
- In addition to a hedge, a smooth wire fence may be installed on the tenant’s own plot, with a maximum height of 1.2 metres.
- Garden gates may be installed, but any board fence, picket fence or similar structure must be placed at least 1.5 metres inside the hedge on the tenant’s own plot.
- The only storage permitted on an individual plot is compost.
- Vehicle traffic within the allotment area must be kept to a minimum and may only use the roads. Cars may only be parked in the permitted, established parking areas.
- Electricity and sewer connections may not be brought to the individual plot.
- Sand, gravel or similar material found on the plot may not be excavated or removed.
- Tenants may bring pets normally kept in their home. Pets may only stay in the garden while the tenant is present and must not cause a nuisance to other members or neighbouring property owners.
- An individual garden tenant may not sublet the plot.
- Special provisions for buildings: A plot may only be transferred to another tenant after the existing buildings have been fire-proofed.
- Before submitting a building application to Kolding Municipality, the tenant must have it endorsed by the allotment association’s board. The application must include a location plan and dimensioned sketches of the proposed building, approved by the association.
- Any application for a dispensation from the local plan or the plot contract must be submitted to Kolding Municipality for processing.
- The area of an individual building may not exceed 35 m².
- An individual tenant may erect a maximum of 50 m² of buildings, including all buildings and covered areas on the plot. The distance between individual buildings must be at least 2.5 metres.
- Buildings must be at least 1.5 metres from neighbouring plots, roads, paths and parking areas, and at least 2.5 metres from the outer boundary of the allotment area.
- Buildings may have only one storey and may be no more than 3.5 metres high, measured from the natural terrain where the building is placed.
- Glossy or reflective roofing materials may not be used, except for windows and solar energy installations.
- Outdoor antennas for television, radio or other purposes may not be installed.
- Buildings must be kept in good condition.
- Facades on allotment houses must be made of wood or wood-like material and subsequently painted.
- Bay windows, window sections, entrance areas and similar structures smaller than 15 m² may be made of other materials.
- Rainwater must be collected or allowed to seep into the tenant’s own plot.
- Failure to comply with the above constitutes a breach of the lease and grounds for termination towards the garden tenant.
Land lease contract
Pkt. 10
Applicable provisions
- The tenant must ensure compliance with all applicable provisions governing the use of the individual garden plots.
- The tenant is responsible for members using and cultivating the soil on the plots properly for allotment-garden purposes.
- The public must have access on foot to roads and paths in the allotment area from 8:00 to 21:00 between 1 April and 30 September.
- Existing and future utility lines, including sewer lines, must be respected by the tenant. The line owner must always have access for inspection and repairs and must restore the area afterwards. Future lines may be installed without compensation to the tenant, provided the line owner restores the area after the work.
- The tenant must inform its members of the relevant provisions of this contract.
Land lease contract
Pkt. 11
Exceptional circumstances
- The allotment area is permanent and may not be abolished in whole or in part without the Municipal Council’s permission. Permission may only be granted if significant public interests make it necessary to use the land for a purpose that cannot be accommodated elsewhere in the municipality, and if a new allotment area is established as a replacement before the present area is cleared, cf. section 4(2) of the Allotment Gardens Act.
Land lease contract
Pkt. 12
Special termination provisions
- The allotment association may terminate the contract in whole or in part with 12 months’ notice to the first day of a month if it has been unable to let 80% of the gardens within a year, or if other compelling reasons make termination necessary.
- The landlord may require the entire lease to end if partial takeover of the leased area does not fit the landlord’s planning.
Land lease contract
Pkt. 13
Renegotiation
- If chapters 2–6 of the Allotment Gardens Act are amended after this contract takes effect, or other legislative changes or wastewater plans affect the terms, the landlord may require the contract to be renegotiated. If the parties cannot agree, the landlord may terminate with six months’ notice to the first day of a month.
- The landlord must invite the tenant in writing at least four weeks in advance and state which terms it wants changed. Any termination must be given no later than six months after the invitation; otherwise the contract continues unchanged.
- By mutual agreement, other matters may also be brought up for renegotiation during the contract period.
Land lease contract
Pkt. 14
End of the lease
- When the lease ends, members must remove buildings, tree plantings and vegetation they have planted in the allotment area. Hedges, any toilet building with discharge point and shelterbelt planting remain.
- At the end of the lease, the allotment area must be cleared of all waste and cleaned.
Land lease contract
Pkt. 15
Breach of contract
- In the event of a breach of this contract, the landlord may terminate it after giving notice of the breach.
- If the breach consists of the twice-yearly rent being unpaid for 14 days after the due date, the municipality may collect the amount from the tenant or terminate the lease. Termination may only take place after a registered formal demand has been unsuccessful.
Land lease contract
Pkt. 16
Inspection
- The landlord is entitled to free and unobstructed access to the area to inspect compliance with all obligations under this contract.
Plot lease contract
§ 1
Lease period
- The lease takes effect on the date entered in the contract.
- The lease runs until 1 June 2045, when it ends without notice unless it has ended earlier under the contract. Before expiry, the contract may be renegotiated.
Plot lease contract
§ 2
Rent
- The annual rent is currently DKK 1.00 per m².
- Rent is a mandatory monetary obligation under the tenancy.
- If the lease is terminated during the year, any rent paid in excess passes to the next tenant.
- No refund is made.
Plot lease contract
§ 3
Operation of the garden
- The tenant must operate the plot as a garden and keep it in good order at all times. The soil must be cultivated properly, and the tenant must follow all instructions issued by the allotment association’s board.
- Kolding Municipality reserves the right to any antiquities or treasure trove found on or in the soil. Such finds must immediately be delivered to Kolding Municipality, Nytorv 11, Kolding.
Plot lease contract
§ 4
Peace and order
- The tenant must help maintain good order and quiet. Access to the plot may only take place via the designated roads and paths.
- Large bushes and trees that disturb neighbours may be required to be removed or pruned by the allotment association’s board.
- Every user is responsible for whom they allow into their garden. Damage caused by guests is considered damage caused by the tenant.
Plot lease contract
§ 5
Garden houses, sheds and similar structures
- On request, the tenant must document that the house is fire-insured, including cover for clean-up and environmentally sound remediation after a fire, or pay a premium to the allotment association for collective insurance.
- The plot must be visibly marked with its plot number.
- Buildings may only be used as a greenhouse, tool shed or allotment house.
- Buildings may not be used as a residence.
- No member may register the area as a permanent address.
- Overnight stays are not permitted from 1 November to 1 April.
- Only occasional overnight stays are permitted from 1 April to 1 November.
- Pesticides may not be used on the plot or anywhere else in the allotment association’s area.
- Chemicals, including oil products, may not be stored on the plot. Oil and similar products for garden tools for the tenant’s own use are exempt.
- The tenant may not fertilise the plot with household waste, but may use garden waste.
- Mobile toilets must be emptied at the discharge point and never on the plot.
- The boundary fence around the plot must be a hedge.
- Hedges between plots must be maintained and kept uniform.
- In addition to a hedge, a smooth wire fence may be installed on the tenant’s own plot, with a maximum height of 1.2 metres.
- Garden gates may be installed, but any board fence, picket fence or similar structure must be placed at least 1.5 metres inside the hedge on the tenant’s own plot.
- The only storage permitted on an individual plot is compost.
- Vehicle traffic within the allotment area must be kept to a minimum and may only use the roads. Cars may only be parked in permitted, established parking areas.
- Electricity and sewer connections may not be brought to the individual plot.
- Water may only be brought to the individual plot according to a shared plan through the allotment association.
- Sand, gravel or similar material found on the plot may not be excavated or removed.
- Tenants may bring pets normally kept in their home. Pets may only stay in the garden while the tenant is present and must not cause a nuisance to other members or neighbouring property owners.
- The tenant must comply with the house rules and rules of order for the allotment area.
- The tenant may not sublet or lend the plot to another person.
- Special provisions for buildings: Before the plot is transferred to a new tenant, the tenant must fire-proof the parts of existing buildings that are closer than 1.5 metres to neighbouring plots, roads, paths or parking areas, or closer than 2.5 metres to the outer boundary of the area.
- The area of an individual building may not exceed 35 m².
- The tenant may erect a maximum of 50 m² of buildings, including all buildings and covered areas on the plot. The distance between individual buildings must be at least 2.5 metres. Roof overhangs exceeding 50 cm count towards the area of the individual buildings.
- Buildings must be at least 1.5 metres from neighbouring plots, roads, paths and parking areas, and at least 2.5 metres from the outer boundary of the allotment area.
- Buildings may have only one storey and may be no more than 3.5 metres high, measured from the natural terrain where the building is placed to its highest point.
- Glossy or reflective roofing materials may not be used, except for windows and solar energy installations.
- Outdoor antennas for television, radio or other purposes may not be installed.
- Buildings must be constructed in good condition and kept well maintained.
- Facades on allotment houses must be made of wood or wood-like material and subsequently painted.
- Bay windows, window sections, entrance areas and similar structures smaller than 15 m² may be made of other materials.
- Rainwater must be collected or allowed to seep into the tenant’s own plot.
- Before submitting a building application to Kolding Municipality, the tenant must have it endorsed by the allotment association’s board. The application must include a dimensioned location plan and dimensioned sketches of the proposed building.
- Any application for a dispensation from the local plan or the plot contract must be submitted to Kolding Municipality for processing.
Plot lease contract
§ 6
Waiting list and transfer
- For every transfer of a lease, the board may require unlawful conditions on the plot to be legalised.
- The allotment association’s board appoints a new tenant according to the waiting list, with whom the transfer of the garden house may be discussed. The asking price and agreed transfer price must be disclosed to the association.
- On this basis, the allotment association may require the price to be reduced if it appears unreasonably high.
- If the first person on the waiting list does not want to take over the garden house, the board may offer the plot to the next people on the list if it considers that reasonable.
- If the new tenant does not want to take over the garden house, the previous tenant must remove it before the notice period expires. Otherwise, the association may remove it at the previous tenant’s expense or transfer it to the new tenant free of charge.
Plot lease contract
§ 7
End of lease and transfer
- If the tenant moves out of the municipality, the tenant has two months to sell or remove any garden house.
- If the tenant dies, the estate has two months to sell or remove any garden house, subject to the following rules.
- A surviving spouse or close family member – father, mother, daughter or son – has the right to continue the lease unless the allotment association has substantial reasons to object.
- A person who lived with the deceased in a marriage-like relationship for at least two years before the death has the same right, provided they shared the same registered address at the time of death.
- The right to continue the lease does not apply to a surviving spouse or cohabitant who leases another plot in the association unless that lease is terminated at the same time.
Plot lease contract
§ 8
The allotment association
- The tenant undertakes to be a member of the allotment association during the lease period and to comply with its statutes, a copy of which has been provided.
- The board may call members to compulsory communal work. As a compulsory member, the tenant has the right and duty to stand for election to the board.
Plot lease contract
§ 9
Termination of the lease
- The tenant may terminate the lease with two months’ written notice to the first day of a month. Before the notice period expires, the tenant must sell or remove any garden house.
Plot lease contract
§ 10
Breach of contract
- A breach of the contract provisions will initially result in a formal notice. If the tenant has not remedied the issue within a reasonable period of at least 14 days, the contract may end without further notice.
Plot lease contract
§ 11
Handover of the lease
- When the lease ends, transfer of the garden house to the next tenant is sought if the departing tenant wishes this. Trees, bushes and living hedges may not be dug up or removed, even if planted by the tenant, and the tenant is not entitled to compensation for them or other improvements.
- The tenant must hand over the leased property in good and tidy condition.
- A garden house taken over from a previous tenant or built during the lease is the tenant’s property and may be removed from the garden.
- Before the notice period expires, the tenant must remove crops, tools and similar items from the garden. The association may then remove what remains or transfer it to a new tenant.
- For garden houses, see section 6.
Plot lease contract
§ 12
Exceptional circumstances
- If extraordinary circumstances on the part of the municipality make whole or partial termination necessary, it may take place with three months’ notice to 1 January.
- In that situation, Kolding Municipality has informed the allotment association under section 11 of the land lease that it aims to offer the affected tenants another allotment garden.
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Related documents
Agreements, rates and other appendices related to the statutes.
Municipality land lease contract
The municipality's overarching terms for the land leased to the association.
Open PDFSupplementary contract on water sub-meters
The municipality's supplementary contract regarding water sub-meters.
Open PDFHaveforeningen Mosvig approved statutes
The association's own statutes, which garden tenants must follow together with the municipality's overarching terms.
Open PDFRates
Rent, fees and other association rates.
Open documentMaintenance agreement
Maintenance agreement for the area between the municipality and the garden association.
Open PDFShared holiday-home insurance
Insurance policy for the shared holiday-home insurance: Tryg Forsikring policy no. 605-5.004.007.010.