This article is intended for landlords, care takers
and tenants in a given compound or area. Its main objectives are to aid any
property owner write a constitution to govern his property with rules and
regulations that would be suitable for the occupants. We have written related
articles in the past but decided to include this one with an already
written example. Please find and replace every word in bracket with the word
that suites what you are writing.
Author – Martins
Chima
We the people (tenants/occupants) of (address); having
firmly and solemnly resolved: To live in unity and harmony as one people
dedicated to the promotion of peace, unity progress and cooperation, and
whereas we willingly and mutually have agreed to provide for a working
constitution (rules and regulations) for the purpose of promoting the welfare
of all persons (tenants/occupants) in (address) on the principles of social
justice, freedom and equality and for the purpose of peaceful co-existence DO
HEREBY MAKE, ENACT AND GIVE TO OURSELVES the following constitution:
Article 1: General Provisions
Section 1: Supremacy of the constitution.
Without prejudice to the provisions of the
constitution of the Federal Republic of Nigeria or any other law for the time
being in force in (address) this constitution is supreme and its provisions
shall have binding force on all manner of persons (occupants and or tenants) or
groups/families in (address).
Citation
This constitution shall be cited as the constitution
of tenants of (address).
Section II: Rights and Obligations of
Occupants
2a. Every
member shall abide by the provisions of this constitution
b. Every
occupant(s) shall promote peace and shall refrain from pursuing or indulging in
any act as may be inconsistent with and/or inimical to the overall interest(s)
of the occupants.
c. Every
occupant(s) shall have the right to actively participate in the activities and
meaningful discussions of the tenants.
d. Every
occupant/household head or his/her next of kin specifically husband or wife
shall be entitled to benefit(s) as may be contained here under or as may be
prescribed by the committee of tenants or any other body authorized by the
committee to do so.
Obligations
For
the purpose of peaceful co-existence amongst tenants we hereby willingly and
mutually agreed (not by compulsion) to abide by the following rules
i.
That on no
account shall a tenant(s) engage in fighting one another or engage in
activities or quarrels that can lead to physical combat or cause injuries.
ii.
A case of quarrel
or disputes that my likely lead to un-peaceful co-existence should be reported
to the committee of tenants for consideration and reconciliation. A defaulter
shall be fined (amount). In the case of fighting both parties should present a
token sum of (amount) to the committee before the case is presented for hearing.
However, a defaulter is bound to forfeit this deposit and may even be asked to
pay additional fine, depending on the enormity of the offence committed or as
deemed right by the committee of tenants.
iii.
Tenants should
ensure that their children or wards do not engage in acts that are likely to
result in fight. However in the case of children fighting, parents are expected
to act with understanding, caution or ensure that this does not escalate. But
if the matter could not be resolved at that moment and the matter is brought
before the committee of tenants both parties should be bound by the decision of
the committee and the case should not be pursued further or else the committee
should then stand her ground to resist or defend her ruling by supporting the
party which had earlier been adjudged innocent on the issue.
iv.
In further
pursuance of peace amongst co-tenant(s) of the above address, a tenant(s) should
recognize in accordance with the constitution of the Federal Republic of
Nigeria, the inalienable rights liberty or freedom/independence of a tenant(s).
However, a tenant(s) should not allow these rights to encroach unduly into the
territory or become a threat to the right, peace or freedom of another tenant;
for instance, music must be played or tuned at a moderate volume or level.
Environmental Protection/Personal
Hygiene
1. Every
household must participate fully in the monthly state established clean-up
exercises or any other within and around the premises.
A
defaulter should be made to pay a fine of (amount).
2. Every
tenant/household should join in the fight against filth by maintaining personal
and general hygiene in and around the premises. Indiscriminate littering of
refuse is highly prohibited.
a. Wastes
should be properly disposed; children’s pools should be regularly evacuated
b. Every
tenant(s) or household should own the generally recommended waste bucket for
the yard in order to avoid incurring the wrath of government agency responsible
for environmental cleanliness.
Any
defaulter on these environmental requirements should be made to pay a fine
which should be decided by the committee of tenants or bear the charges which
may be brought against the yard or tenants by government agency as a result of
the tenant’s non-challant attitude.
Meetings
A meeting of tenants should hold every first Wednesday
of the month or any other day as deemed right and suitable by the committee of
tenants. An emergency meeting can also be convened to meet up pressing issues.
These meetings should be presided over by the chairman of committee of tenants
or his deputy or any other person assigned to do so by the chairman in his
absence.
a.
The chairman and
members of the executives are elected to serve for a period of two years.
b. Any
tenant(s) who refuses to abide by these rules and or recognizes the authority
of the committee should be seen as an enemy of peaceful co-existence. The
committee is therefore empowered and supported by other tenants to consult with
the landlord or his agents or representatives to ensure the eviction of the
unyielding and un-co-operative tenant(s).
c. Absenteeism
during meetings without formal notice coupled with genuine reason(s) shall
attract a fine of (amount) while lateness to meetings attracts a fine of (amount).
d. A
monthly dues of N50 shall be paid by each tenant/household head.
Accommodating
Visitors / Squatters
a. Tenant(s)
shall not accommodate strangers or squatter of doubtful characters.
b. Visitors,
strangers/squatters who are not blood or close relatives of tenants who may be
staying beyond the period of two days, shall be admitted on the permission of
the executive committee of the tenants.
c. Any
tenant(s) found to be involved in criminal act(s) should be evicted.
d. In
the case of admitting new tenant(s) this committee should prevail on the
landlord and or his agents or representatives to consider the opinion and
interests of the existing tenants before such new tenants are admitted.
e. Whereby
it has been found and proven beyond reasonable doubt that a tenant(s) is troublesome
and or was becoming a threat to peace of other tenant(s) this committee should
prevail on the landlord or his agents/representatives for the eviction of such
a tenant(s) or household. Especially where the continued presence of such
occupant(s) in (address) would endanger the live(s) of other tenant(s).
Functions, Ceremonies/Events
Every
tenant is expected to co-operate as directed
or demanded by the committee in the case of the demise of a fellow tenant or
his/her relation as follows:
a. If
a tenant dies (either husband or wife) other tenant(s) should be levied a sum
of money as may be decided by the committee, which shall be used to attend the
burial of the decease.
b. If
a tenant(s) has cause to celebrate and invites the occupants/tenants as a body,
the invitation shall be honoured through massive attendance, and the tenants
should present gifts as follow
c. If
a tenant weds or a tenant’s daughter or son weds and invitation is extended to other
tenants as a body, such an invitation should be accompanied with one crate of
Guinness brand of malt drinks Garden eggs/sauce (Ose Oji in Igbo language) 2
packets of cabin biscuits while in response, the tenants shall honour the
invitation through massive attendance and token gifts of (amount) in cash, a souvenir
worth (amount). In appreciation the host/hostess shall ensure that all tenants
in attendance were adequately entertained.
d. in
the case of child-dedication the host/hostess shall present as a token for
invitation one crate of Guinness brand of malt drink, Garden eggs and one
packet of cabin biscuits. In response, the tenants shall honour such invitation
through massive attendance and present as gifts (amount) in cash, and a
presentable gift item worth (amount).
Executives/Functionaries
There
shall be a committee of tenants/occupants, whose duty shall be to deliberate
and take decisions on issues affecting the occupants/tenants of (address of the
house).
This
committee shall be the supreme body that will take decisions which shall be
binding on all tenants/occupants of the said premises.
The
committee shall be made up of:
(a) A
chairman, who is the head and who shall preside over all meetings of the
tenants.
(b)
A secretary who shall record
minutes of meetings, receive correspondences,
and write mails and matters concerning the occupants
or tenants of the said address.
(c) A
treasurer who shall be in charge of the treasury of this committee, receive
funds to keep for the committee and any funds raised for the interest of the
tenants
(d) Financial
secretary who shall record all financial issues of the committee.
(e) PRO
(Public Relations Officer) who is equally the information/ publicity officer.
These
shall be the executive body of the committee of tenants, who shall implement
the provisions of this instrument.
The
contents of this document was read in English language and interpreted in local
languages (Pidgin English and Igbo languages) to all tenants resident in (address),
as at this date ( e.g. 23rd December, 2013) and duly signed by the under
mentioned;
_____________
Chairman
Committee
of tenants)
_____________
Secretary
(Committee of Tenants)
_____________________
Representative of Non-Committee Member
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