Statutes

1. 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.
2. The association was founded in 1981, when the allotment area was established by Kolding Municipality and Haveforeningen Mosvig.

1. 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.
2. 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.
3. 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.

1. 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.

1. Persons of legal age who at the same time lease a garden when the membership begins may be admitted as members and co-tenants.
2. The member must at all times be able to document access to a residence outside the garden association.
3. 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.
4. 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.
5. 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.
6. 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.

1. 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.
2. Surplus membership fee, shared insurance etc. are transferred to the new tenant and may be included in the transfer price.
3. Transfers of gardens may only take place through the board. On enrolment, a lease approved by Kolding Municipality is used.
4. 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.
5. 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.
6. 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.
7. The gardens may only be leased to persons residing in Kolding Municipality. Persons without a garden attached to their home have priority.
8. A member may only lease one garden plot within the association’s area. Only one garden may be leased per registered home address.

1. 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.
2. Savings pools are set annually by the general assembly: savings for the renovation of water pipes and secondary meters.
3. 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.
4. 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.
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.

1. 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.
2. 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.
3. Members are liable for any debt to the association with the garden house and movable property on the plot.
4. The board has the right to terminate a member’s lease in accordance with the lease and the statutes.
5. 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.

1. The general assembly is the association’s highest authority. The meeting is held outside school holidays and public holidays, and after normal working hours.
2. 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.
3. The notice must state the time and place and include an agenda comprising at least the following:
   1. Election of chairperson of the meeting
   2. The chairman’s report
   3. Annual accounts approved by 2 auditors. The accounts are sent out with the notice.
   4. Proposals received. Proposals for consideration must reach the chairman in writing no later than 8 days before the general assembly.
   5. Setting of the membership fee and fees relating to the association’s operations.
   6. Election of board members for 2 years, cf. § 11:
      1. Chairman, up for election in even years.
      2. Treasurer, up for election in odd years.
      3. Member 1, up for election in even years.
      4. Member 2, up for election in even years.
      5. Member 3, up for election in odd years.
      6. Election of 2 substitutes for 1 year.
      7. Election of 2 auditors.
      8. Election of 1 substitute auditor.
   7. Any other business.
4. 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.

1. The ordinary general assembly resolves to hold one.
2. The entire board decides to hold one.
3. 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.

1. 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.
2. 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.
3. Each garden has only one vote.
4. Voting by proxy or postal vote is not permitted.

1. 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.
2. 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.
3. Matters before the board may be decided by vote, and the chairman’s vote is decisive in the event of a tie.
4. No closely related family members may serve on the board at the same time.
5. A member may be elected to the board once their lease has been in force for 1 year.
6. Re-election is possible.

1. The financial year runs from 1 January to 31 December.
2. 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.
3. 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.
4. The association’s funds are deposited in the local bank or savings bank.
5. The treasurer’s cash holding is set by the board and should not exceed what is needed for day-to-day operations.
6. The treasurer and the chairman must both approve, and are both authorised to withdraw from and make payments from, the association’s bank accounts.
7. The cash book must be kept up to date, and expense vouchers must be numbered, filed and entered in the accounts.

1. The board is responsible for, and administers, the association’s funds.
2. 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.
3. In financial matters the association is bound towards third parties by the chairman together with at least 1 board member.
4. Every member is subject to the board’s decisions, which can only be overturned or changed by the general assembly.
5. The board has the right to terminate a member’s lease in accordance with the rules of the lease, cf. § 7.
6. The association does not pay remuneration; expenses for office supplies etc. are covered by the association.
7. The board has the right to engage paid help for the association’s operations if deemed necessary.
8. Parts of the operations may be delegated to individual members, but responsibility remains with the board.
9. 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.
10. Members cannot deny a quorate board access to their gardens.

1. 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.
2. 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.

1. 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.
2. 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.
3. Before they take effect, amendments to the statutes must be submitted to Kolding Municipality for approval.

1. Any dissolution of the association can only take place after adoption at the general assembly followed by a ballot of all members.
2. 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.
3. Dissolution can only take place with the municipality’s approval, including a plan for winding up the association’s financial obligations, any assets, etc.

1. Questions concerning the interpretation and implementation of the provisions of the statutes are finally decided by Kolding Municipality as the enforcing authority.
2. The member is responsible for keeping their own contact information up to date with the association’s board, cf. § 8.2.
3. 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.
4. The association complies with the GDPR with reference to the Danish Data Protection Agency’s guidance for associations.
5. 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.
6. 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.
7. 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.
8. 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.
9. Clean branch cuttings may, with permission from the fire authorities, be burned at the Sankt Hans (Midsummer) bonfire at the car park.
10. 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.
11. 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.