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DRAFT BYE LAW TRIDAS SANJEEVANI APARTMENTS OWNERS - TRIDA

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					           DRAFT BYE LAW




TRIDA’S SANJEEVANI APARTMENTS OWNERS
            ASSOCIATION




         NOVEMBER, 2008




                                       1
            MEMORANDUM

                OF

            ASSOCIATION

TRIDA’S SANJEEVANI APARTMENTS OWNERS
            ASSOCIATION




                                       2
                       MEMORANDUM OF ASSOCIATION

        TRIDA’S SANJEEVANI APARTMENTS OWNERS ASSOCIATION

1.    NAME        :   The name of the Association is “TRIDA’S SANJEEVANI
                      APARTMENT OWNERS ASSOCIATION”

2.    REGISTERED OFFICE & ADDRESS:

           The Registered Office of the Association will be at               TRIDA’S
      SANJEEVANI APARTMENTS. Address shall be TRIDA’S Sanjeevani
      Apartment Owners Association, Medical College. P.O, Thiruvananthapuram –
      695011.

3.    AREA OF OPERATION

           Within the TRIDA’s SANJEEVANI APARTMENTS complex, including the
      land appurtenant thereto having Re-Sy.No. 183/8 (14.17 Ares) 183/2 (23.70
      Ares) and 187/2 (26.84 Ares) of Pattom Village, Thiruvananthapuram District
      owned jointly by the Owners of TRIDA’S SANJEEVANI APARTMENTS.

4.    OBJECTS:

      (a) To work for the noble cause of equality and fraternity among the
           members of the Association

      (b) To introduce social service activities among the members of the
           Association.

      (c) To introduce cultural and literary activities among the members of the
           Association.

To take over, operate and maintain all the        common properties of “TRIDA’s
SANJEEVANI APARTMENTS” consisting of apartments, at Medical College,
Thiruvananthapuram, including land spaces, buildings, exterior of apartments, walls
compound, electrical installations, water sources, water supply connections pumps
and motors, dish antenna, ditches, drains, drainage, lights, internal phone wirings,
garden plant boxes, potted plants, parking areas,       common area of all floors
including payment of common water and electrical charges, security cover,


                                                                                   3
maintenance and running of the lifts and generators and over – head expenses,
inclusive of salary, establishment charges etc. privileges, rights, easements,
advantages, appurtenances, facilities and conveniences whatsoever in any way
pertaining to the various apartments, by a Managing Committee as provided in the
Bye-laws.

e. To maintain or arrange for the maintenance and improvement of all the common
     properties,   areas,     amenities   and   facilities   of   “TRIDA’S   SANJEEVANI
     APARTMENTS”

f. To represent the members of the Association in all matters pertaining to the
     common properties of the building aforesaid known as “TRIDA’S SANJEEVANI
     APARTMENTS”            To negotiate, carryout litigations and settle any matters
     affecting the common rights and properties of “TRIDA’S SANJEEVANI
     APARTMENTS”

g. To establish and carry on its own account or jointly with individuals or institutions,
     educational, physical, social, cultural, recreational, medical and public health
     activities such as clubs, cinema shows and canteen only for the benefit of its
     members and their families.

h. To receive monies, grants, donations, etc: and to carry on its own account or
     jointly with individuals or institutions the aforesaid with objects of the Association
     and such other objects as mended, altered, added from time to time, by a
     resolution to be passed by the General Body.

i.   To do all such other acts and things as are or may be deemed incidental or
     conducive to attainment of all or any of its powers. And it is hereby declared that
     in the foregoing clauses, the intention is that the objects specified in each
     paragraph except where otherwise specified, be independent main objects and
     shall be in no way limited or restricted by reference to or inference from the
     terms of any other paragraph or the name of the Association.

j. To provide special amenities to the members of the Association, subject to the
     rules of the Association.



                                                                                         4
k. To lay out any lands as may be acquired by the Association into parks, play
      grounds, club house, nurseries, schools, car and scooter parking, hospitals,
      water works, market and other special amenities.

l.       To carry out any other items of work relating to “TRIDA’S SANJEEVANI
      APARTMENTS” which may be included in accordance with a resolution to be
      passed in a General Body Meeting.

m. To construct or cause to be constructed buildings, or other works of common
      utility to the Association including additions or alterations.

n.     To protect the environment around the buildings and surrounding from dust,
      smoke, noise, mosquitoes and other pollution agents.

o. To liaise with the Thiruvananthapuram Corporation and such other authorities to
      maintain the roads, sewers, lights, waste disposal and other matters           to
      safeguard and sustain clean and comfortable living surroundings.

p. To liaise with TRIDA or any other Government or non- Government agencies for
      all matters connected to the land, building and other amenities provided or would
      be provided by them and also for availing all benefits and claims as buyer of
      Sanjeevani Apartments for and on behalf of the owners.

                                       DECLARATION

(a)    We the several persons, whose names are given at the end of this document
      having associated ourselves for the purpose described in the Memorandum of
      Association and set our respective and several hands hereinto and from
      ourselves into an Association under the provision of T.C. Literary Scientific and
      Charitable Societies     Act 1956, in accordance to the decisions taken in the
      General Body Meeting of Sanjeevani Apartments Owners Association held on
      24-11-08.




      Sl.No.    Name and Address (Position)             Profession       Signature



                                                                                     5
                  BYE - LAWS

                      OF
TRIDA’S SANJEEVANI APARTMENTS OWNERS ASSOCIATION




                                                   6
BYE LAWS OF TRIDA’S SANJEEVANI APARTMENTS OWNERS ASSOCIATION


A. These Bye – Laws will be known as the Bye – Laws of the TRIDA’S
SANJEEVANI APARTMENTS OWNERS ASSOCIATION

B.    DEFINITIONS

       ……………………………………………….

B1. ACT: Means the Kerala Apartment Ownership Act, 1983 (Act No.5 of 1984)

B2. All words which signify the singular shall also include plural and all words which
       signify the male shall also include the female.

B3. “Managing Committee” means the committee duly elected/nominated by the
       members of the “Owners Association” having a strength of five to eleven
       members.

B4. “President/Vice President” means a members of the Association duly nominated
       or elected as the President/Vice President from among the members of the
       General body on an Honorary Basis.

B5. “Secretary or “Joint Secretary” or “Treasurer” means, a member of the
       Association elected as Secretary or Joint Secretary or Treasurer from among
       the members of the General-Body on an Honarary basis.

B6.    “Members of the Managing Committee” means, the members elected to the
       Managing Committee by the members of the Association on an Honorary
       basis.

B7.    “Association” means, the TRIDA’S SANJEEVANI APARTMENTS OWNERS
       ASSOCIATION which otherwise means all of the apartment owners acting as
       a group in accordance with the Bye-laws and the declaration.




                                                                                    7
B8. “Apartment” means, a part of the property intended for any type of independent
      use, including one or more rooms or enclosed spaces located on one or more
      floors (or part or parts thereof) in a building, intended to be used for
      residential purpose and with a single direct exit to a public street, road or
      highway or to a common area leading to such street, road or highway,
      including the consulting rooms set up at the bottom floor.

B9. “Apartment Owner “ / Apartment Owners” means a person or persons owning
      an apartment and an undivided interest in the common areas and facilities in
      the percentage specified and established in the declaration.

B10. “Apartment number” means the number, letter or combination thereof
      designating the apartment in the declaration.

B11. ”Building’ means a building containing two or more apartments, and comprising
      a part of the property and all structures within the property.

B12. “Bye Laws” means the Bye-Laws of the Association of apartment owners as
      per the Kerala Apartment Ownership Act 1983.

B13. “ Common areas and facilities” unless otherwise provided in the declaration or
      lawful amendments there to means:-

B 13 a. The land on which the building is located

B 13 b. The Foundations, columns, girders, beams, supports, main walls, roofs,
      halls, corridors, lobbies, stairs, stairways, fire –escapes and entrances and
      exists of the building.

B13C. The basement, yards, gardens, parking areas, play areas , library, consulting
      rooms, recreatin hall, storage space, generator, pumping room, sumb, watch
      man shelter all car parking areas, landing areas of both the lifts and corridors
      of all the floors, waste disposal etc.

B 13d. The premises for the lodging of persons employed for the management of the
      property.




                                                                                    8
B13e. Installations of central services, such as power, light, gas, hot and cold water,
      heating, refrigeration, air –conditioning and incineration, dish antenna,
      cabling, phone lines, electrical intercom system etc.

B13f. Elevators, tanks, pumps, motors, fans, compressors ducts and in general, all
      apparatus and installations existing for common use.

B13g. Such community and such other facilities as may be provided for in the
      declaration, and

B13h. All other parts of the property necessary or convenient to its existence,
      maintenance and safety or normally in common use.

B.14. “Common expenses” means:-

B.14, a      All sums lawfully assessed against the apartment owners by the
      Association of Apartment Owners.

B.14, b,     Expenses of administration, maintenance, repairs or replacement of
      the common areas and facilities such as gardens waste and garbage disposal
      etc.

B.14, c,     Expenses agreed upon as common expenses by the Association of
      Apartment Owners such as         caretakers, lift operators, security personnel
      gardeners and cleaning up personnel and other relating to all operational
      maintenance expenses.

B.14, d,      Expenses declared as common expenses by the provisions of this
      Act, or by the declaration of the Bye-Laws.

B.15, “Common Surplus” means the balance of all income, rents, profits, and
      revenues from the common areas and facilities and other sources remaining
      after the deduction of the common expenses.

B.16, “Competent Authority” means the persons authorized by the Government,
      by notification in the gazette to perfom the functions of the competent
      authority for such areas as may be specified in the notification.




                                                                                     9
B.17. “Declaration” means the instrument by which the property is submitted to the
        provisions of this Act as herein - after provided and such declarion as fully
        amended from time to time.

B.18 “Deed of Apartment” means a Deed of apartment executed by an apartment
        owner.

B.19, “Majority of Apt-Owners” menans the Aparttment Owners and their proxies
        present at a General Body meeting with 51 percent or more of the votes.

B.20. “Prescribed” means prescribed by rules made under this act.

B.21,    “Property” means, land the building, improvements and structures thereon,
         all owned in free hold or held on lease or as occupant under any law for the
         time being in force and all easements rights and appurtenances belonging
         thereto, and all articles of personal property intended for use in connection
         there with which have been or are intended to be submitted to the
         provisions of this Act.

B22      “State” means the State of Kerala

C1.      NAME OF THE ASSOCIATION : TRIDA’S SANJEEVANI APARTMENTS
                                   OWNERS/ ASSOCIATION

C2.      ADDRESS OF REGISTERED           :   TRIDA’S SANJEEVANI APARTMENTS,
                                             Medical College, Pin-695011

         DISTRICT                        : Thiruvananthapuram
         TALUK                           : Thiruvananthapuram

         CORPORATION                     : Thiruvananthapuram

         VILLAGE                         : Pattom

C3       REGISTERED OFFICE               : TRIDA’s Sanjeevani Apartments
                                           Medical College
                                           Thiruvananthapuram – 695011

C4       JURISDICTION                    : Within  the    TRIDA’s    SANJEEVANI
                                           APARTMENTS Complex including the
                                           land appurtenant thereto Having Survey
                                           Nos. 183/8, 183/2 & 187/2 of Pattom
                                           Village  Thiruvananthapuram     District



                                                                                   10
                                            owned by the owners of             TRIDA’s
                                            SANJEEVANI APARTMENTS.

C5.      OBJECTS.

     A. To work for the noble cause of equality and fraternity among the members of
        the Association.
     B. To introduce social service activities for the uplift of the poor and
        downtrodden masses.
     C. To introduce cultural and literary activities among the members of the
        Association.
d. To take over operate and maintain all the common properties of TRIDA’s
        Sanjeevani Apartments consisting of apartments, at Medical College,
        Trivandrum – 69511 including land spaces, buildings, exterior of apartments,
        walls, compound, electrical installations, water sources, water supply
        connections, pumps and motors, dish antenna, ditches, drains, drainage,
        lights, internal phone wirings, garden plant boxes, potted plants, parking area,
        consulting rooms, common areas including payment of common water and
        electrical charges, security cover, maintenance and running of the lifts and
        generators and over head expenses, inclusive of salary, establishment
        charges etc.    privileges, rights, easements, advantages appurtenances,
        facilities and conveniences whatsoever in any way pertaining to the various
        apartments, by a Managing Committee as provided in the Bye – Laws.

e.      To maintain or arrange for the maintenance and improvement of all the
        common properties, areas, amenities and facilities of TRIDA’s Sanjeevani
        Apartments.

f.      To represent the members of the Association in all matters pertaining to the
        common properties of the building aforesaid known as TRIDA’s Sanjeevani
        Apartments.    To negotiate, carry out litigations and settle any matters
        affecting the common rights and properties of             TRIDA’s Sanjeevani
        Apartments.

g.      To establish and carry on its own account or jointly with individuals or
        institutions, educational, physical, social, cultural, recreational, medical and




                                                                                     11
      public health activities such as clubs, cinema shows and canteens only for the
      benefit of its members and their families.

h.    To receive money, grants, donations, etc: and to carry on its own account or
      jointly   with individuals or institutions the aforesaid with objects of the
      Association and such other objects as amended, altered, added from time to
      time, by a resolution to be passed by the General Body.

i.    To do all such other acts and thing as are or may be deemed incidental or
      conducive to attainment of all or any of its powers. And it is hereby declare
      that in the foregoing clauses, the intention is that the objects specified in each
      paragraph, except otherwise specified, be independent main objects and shall
      be in no way limited or restricted by reference to or inference from the terms
      of any other paragraph, or the name of the Association.

j.    to provide special amenities to the members of the Association subject to the
      rules of the Association.

k.   To lay out any lands as may be acquired by the Association into parks,
      playground, club house, nurseries, schools, car and scooter parking,
      hospitals, water works, market and other special amenities.

l.   To carry out any other items of the work relating to TRIDA’s SANJEEVANI
      APARTMENTS which may be included in accordance with a resolution to be
      passed in a General Body Meeting.

m. To protect or cause to be constructed buildings, or other works of common utility
      to the Association including additions or alterations.

n. To protect environment around the building and surroundings from dust, smoke,
      noise, mosquitoes, and other pollution agents.

o. To liaise with the Thiruvananthapuram Corporation and such other authorities to
      maintain the roads, sewers, lights, waste disposal and other matters to
      safeguard and sustain clean and comfortable living surroundings.




                                                                                     12
p.    To liaise with TRIDA for availing all benefits and claims as buyer of TRIDA’s
       SANJEEVANI APARTMENTS for and on behalf of the owners.

q.     To carryout any other activity which will fully aim for the benefits of the
       owners/residents of TRIDA’s SANJEEVANI APARTMENTS.

C6.    Business hours - On working day 9.30 AM to 5.30 PM except Sundays.

C7.    FURTHERANCE OF ACTIVITIES

       The General body of the Association shall chalk out the policies and courses
       of action from time to time. The Managing Committee shall put then into
       execution, through its officials.

8.     TERM OF OFFICE

       The term of office of the members of the Managing Committee shall be for a
       period of one year.

9.      LITIGATION

      The President shall be the person who will sue and be sued for and behalf of
       the Association.

C10. RESPONSIBILITIES

       The Managing Committee will be responsible for carrying out the operation,
       maintenance and repair of the common areas and facilities, to make
       payments thereof and also to carry out any other item of work duly authorized
       by a resolution passed by the General Body of the Association.

C.11. Membership of the Association

C11.a. The Owner/Owners of each Residential Apartment and consulting rooms in
       the   building   viz   TRIDA’s      SANJEEVANI   APARTMENTS      shall   hold
       membership in the Association and shall constitute the General Body of the
       Association. If there is more than one owner to an Apartment, they shall
       nominate any one of them as owner for the purpose of these Bye-Laws. The
       membership shall be compulsory. In the case of sale or transfer of ownership
       of an Apartment, the membership of the Association shall be deemed to have


                                                                                 13
         been    automatically     transferred    from    the    seller/transferor      to     the
         purchaser/transferee,      the    membership           fee/maintenance         deposit.
         Maintenance     charges     already     paid    by   the   seller/transferor        being
         nonrefundable in any event.

C11. b. The owner of each Apartment/Consulting rooms may appoint in writing
         addressed to the President/Secretary of the Association any person to
         represent him/her at the General Body Meetings and such a person shall be
         known as member, provided the said person does not represent more than
         one owner. However such a person shall not become an office bearer unless
         he/she is a resident at TRIDA’s SANJEEVANI APARTMENTS and is a close
         relative of the Apartment Owner (Parent/ Spouse/Son/Daughter/Brother/
         Sister/Son-in-law/ Sister-in-Law. The nomination once done may be changed
         by the owner, if he/she so wishes.

C11.c. Each member shall have only one vote irrespective of the number of units
         he/she holds.    A member who is in default of payment of maintenance
         charges consecutively for three months shall have no right to vote in any
         meeting.

C11.d.     Any members having a valid right to vote may appoint any person as his
         proxy. Such appointment of PROXY shall be in writing addressed to the
         President/Secretary of the Association. The proxy however, shall not enjoy
         any other privilege of a member of the Association.

C12      COMMON AREAS & FACILITEIS

C12.A Common areas and facilities shall remain undivided and no apartment owner
         or any other persons shall bring any action for partition or division of any part
         thereof unless the property has been excluded for the provisions of this Act as
         provided in Section 14 or unless the property is subject to an action for
         partition under section 22, any covenant to the contrary shall be null and void.




                                                                                                14
C12.B Each apartment owner may use the common areas an facilities in accordance
      with the purpose for which they are intended without hindering or encroaching
      upon the lawful right of the other apartment owners.

C.12c The necessary work of maintenance repair and replacement of common
      areas and facilities and making of any additions or improvements thereto shall
      be carried out only as provided in this Act and in the Bye-laws.

C.12.d Common Surplus and expenses.

              The common surplus shall be distributed among and the common
      expenses shall be charged to the apartment owners proportionately according
      to the built up area of the apartment owner or decided by the General Body
      from time to time.

C13. MAINTENANCE DEPOSIT

C13a. All owners of TRIDA’s SANJEEVNI APARTMENTS/ consulting rooms shall
      be the members of the Association. A maintenance cost deposit/membership
      fee of Rs.30,000/- (Rupees Thirty Thousand only) shall be collected         in
      advance per unit. The fund created by such membership fee shall form the
      corpus    fund of the Association and shall not be utilized for any routine
      expenditure of the Association by the Managing Committee, However the
      Managing Committee can take loans for periods not exceeding one year from
      the corpus fund to meet emergencies subject to ratification by the General
      Body.

C13. b. Any income on and out of this fund will form the part of this fund. Every
      member shall be liable to pay the monthly maintenance charges on or before
      the 5th of each month for the month as determined from time to time by the
      General Body.        If any member is in arrears of more than 3 months,
      maintenance charges or other charges, a fine to an extent of one month’s
      maintenance charge for every three months arrears shall be imposed while
      clearing the arrears.




                                                                                 15
C13. C. The liability of the monthly maintenance charges or fees or any other
        charge as fixed by the General Body of the Association shall be the liability of
        the owners of the apartments at all times.

C14. DUTIES AND POWERS OF THE PRESIDENT/VICE PRESIDENT

C14. a. The President or in his absence the Vice President, shall have General
        control over all the affairs of the Association and shall be the person who will
        sue and be sued for and on behalf of the Association. He/She shall oversee
        the day-to-day administration.

C14. b. He shall preside over the Managing Committee meetings as well as the
        General Body meetings.

C14. c. In cases of emergency he shall convene special meetings of the Managing
        Committee or General Body by notice which may be 15 days normally but
        shall not in any case be less than 2 clear days. However in extra ordinary
        circumstances he may convene an emergency meeting at his discretion with
        not less than 12 hours notice.

C14.    d.      All resolutions passed by the Managing Committee shall have the
        Approval of the President who, shall sign in the Minutes Book of the Meeting
        held.

C.15.     DUTIES AND POWERS OF THE SECRETARY

C15. a. The Secretary shall be responsible for the executive administration of the
        Association subject to the control of the Managing Committee.

C15. b. The Secretary shall have the power to appoint a person on temporary basis
        for a period of not more than 89 days in consultation with the President or in
        his absence the Vice-President, should circumstances necessitate such an
        appointment. The Secretary shall also have the power to suspend or remove
        any employee of the Association for disciplinary reasons, subject to the
        approval of the Managing Committee with in a period of one month.
        Dismissal of an employee who has been in the service of the Association
        shall be the responsibility of the Managing Committee.


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C15. c. The Secretary can take action against members who violate the rules and
      bye-laws of the Association, with the approval of the committee.

C15. d.    He shall have the power to convene the Managing Committee meeting
      once every month by giving a week’s notice, or more often if required with the
      concurrence of the President or in his absence, the Vice-President.

C15. e.    A Minutes Book shall be maintained by the Secretary for recording the
      proceedings of the Managing Committee and the General Body Meetings.

C15. f.    The Secretary shall have power to regulate the use of common areas,
      including open spaces, landing areas, staircases, terraces, etc, keeping in
      view the common good of the members. He shall have powers to enter into
      the flat or any part thereof with workmen and other to ensure the safety and
      security of the flat or its members/residents and to review, examine or for the
      purpose of repairing anything that may cause serious danger or damage for
      the flat or its in mates.

C15. g.     He shall be responsible for carrying out the decisions taken at the
      Managing Committee meetings.

C15. h. He shall have the power to incur unforeseen expenses upto Rs.1000/- at a
      time but not exceeding Rs. 5000/- in a year, with the approval of the President
      or in his absence the Vice President and such expenses shall be reported at
      the next meeting of the Managing Committee.

C15. i.   He shall ensure that all expenses incurred for the maintenance and other
      works relating to the common areas shall be supported by a resolution
      passed by the Managing Committee.

C15. j. He shall facilitate the Treasurer in maintaining the accounts.

C15. k.   All amounts collected shall be remitted into a bank to be decided by the
      Managing Committee and all expenditure and withdrawals exceeding Rs.
      5000/- will be met only by cheques which have to be jointly drawn by the
      Treasurer and Secretary or President or in his absence the Vice President
      and the Treasurer.


                                                                                  17
C15. l. The Secretary or Managing Committee, if required by the declaration or by
       the Bye-laws or by a majority of the apartment owners, shall obtain insurance
       for the property against loss or damage by fire, and such other hazards under
       such terms and for such amounts as shall be required or requested.

C15. m.     Such insurance coverage shall be written on the property in the name of
       the Secretary or of the Managing Committee as trustee for each of the
       apartment owners in the percentages established in the declaration.

C15. n.     Premium shall be common expenses and provisions for such Insurance
       shall be without prejudice to the right of each apartment owner to insure his
       own apartment for his benefit.

C16.        DUTIES AND POWERS OF THE TREASURER

C16.   a.     The treasurer shall have the custody of all the properties of the
       Association, including the funds of the Association and shall be empowered to
       operate the bank account in any scheduled bank account as decided by the
       Managing Committee and shall sign the cheques jointly with the
       Secretary/President/Vice President in the absence of the President for
       incurring expenditure relating the day-to-day working of the Association.
       Every cheque is to be signed by two persons namely, Treasurer and
       Secretary or President or in his absence the Vice-President.

C16. b. The treasurer shall maintain petty cash not exceeding Rs. 1000/-

C16. c. The Treasurer shall maintain proper account books signed by him which
       shall be produced to the Managing Committee monthly and to the General
       Body every year and he is responsible jointly with the Secretary for the proper
       maintenance of accounts of the Association.

C16. d. The Treasurer shall be responsible for collecting the share of the common
       expenses in the form of dues from the apartment owner and also any other
       money as authorized by the General Body.         In case of payment to the
       Treasurer either by cheque or cash the receipt will be proof of payment.


                                                                                   18
C17.   DUTIES AND POWERS OF THE MANAGING COMMITTEE

C17. a.        The General Body shall elect the honorary office bearers consisting of
       President, Vice President, Secretary, Joint Secretary and Treasurer and not
       more than 6 other committee members for its Managing Committee. The
       President, Vice-President, Secretary, Joint Secretary and Treasurer are the
       office bearers of this Association and are also members of the Managing
       Committee. Only members of the Association become office bearers. The
       term of office of the Managing Committee shall be for a period not exceeding
       one year. The quorum for holding a meeting of the Managing Committee
       shall be 5 at least one of whom shall be an office bearer. The Management
       Committee may nominate any senior most owner of TRIDA’S SANJEEVANI
       APARTMENTS as patron or patrons.

C17. b. An elected committee member may resign at any time by sending a letter
       or resignation to the President but such resignation shall take effect only from
       the date on which it is accepted by the committee.

C17.      c.       Should a committee member absent himself/herself from three
       Consecutive meetings without leave of absence from the committee, he/she
       shall cease to be a member of the same unless a majority of the remaining
       committee members decide otherwise. The President shall have the right to
       appoint / Nominate the vacancy arising in this context.

C17. d.        In case of any vacancy arising during the tenure of office, from amongst
       the office bearers, the Managing Committee shall have the power to fill up
       such vacancy amongst themselves.          In case of any other vacancy in the
       Managing Committee, the vacancy shall not be filled till the next General
       Body meeting.

C17. e. The Managing Committee or the Secretary has the right to invite any
       person/persons for a Managing Committee meeting as special invitee without
       voting rights.



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C17. f. The Managing Committee shall have the power to appoint security staff, lift
      operators and other staff as required for the proper running of the
      Association, fix their terms and conditions of service etc.

C17. g. The election to the Managing Committee will be held once in a year and
      members of the Association who have completed the age of 18 will be eligible
      to stand for the election.    The elections would ordinarily be held on the
      second Saturday of April every year or decided by the General Body. The
      Election Day may however, be fixed, for any other public holiday in case of an
      extra ordinary situation, on the basis of a resolution of the Managing
      Committee.

C17. h.   The Managing Committee shall be responsible for collection of monthly
      maintenance     charges    etc.,   from   the   members,      on   the   basis   of
      rates/installments, decided and approved by the General Body from time to
      time. All collections made by the Managing Committee or by any member
      thereof shall be strictly on the basis of resolutions passed there of by the
      General Body. The Managing Committee shall have the power to take action
      against defaulting members as provided in Clause G-13 (b).

C17. i. There shall be at least one meeting of the committee every month but
      interval between two such meetings shall not exceed forty five days.

C17. j. The Association of Apartment Owners shall have the irrevocable right to be
      exercised by the Secretary with the approval of the President to have such
      access to each apartment in case of an emergency like fire, leakage of water,
      gas, burglary, etc, which can cause damage to the apartment in question or
      any other part of the building including common areas therein. However, the
      Secretary shall exercise this power only in the presence of the maintenance
      officer/care-taker and two other members of the Association. Immediately
      after the necessary repairs in the apartment are completed, a written report of
      this should be submitted to the Managing Committee and a copy of the same
      report shall be forwarded to the owner of the apartment either directly or


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        through his/her local Representative.      Under no circumstances shall the
        apartment be left upon under the care of the workers/maintenance
        officer/caretaker.

C18.        MEMBERS

C18. a. The owner of an apartment who has completed 18 years of age shall be
        member of the Association.

       b.    A close relative of the owner viz; spouse, son, son-in-law, daughter,
        daughter-in-law, parent, father-in-law, mother-in-law, brother, brother-in-law,
        sister, sister-in-law of the apartment owner, shall also become a member of
        the Association in the place of the Owner with the latter’s power of Attorney.
        On authorization from the Owner a tenant can also represent the owners in
        the affairs of the Association.

C18. c. A member shall have the right to vote at the General Body Meeting and
        shall have the right to elect members of the Managing Committee on the
        principle of one vote per member provided that the owner who has not
        cleared all his dues to the Association, before the 31st March of that year,
        shall not be entitled to vote at the General Body Meeting.

C18. d. An owner is permitted to vote by proxy, where such proxy is given in favour
        of his/her spouse/guardian/tenant residing in the apartment or any other
        persons provided in clause C-11 (d) above, and provided that no other
        authorization has been given as provided in sub-clause C-18 (b) above.

C18. e. A member shall not alter the plan or elevation of the building and premises.
        He shall not fix any advertisement or hoardings or any other structure without
        the prior written consent of the Association.

C18. f. A member shall not carry on any trade or business or do anything which
        may become in any way a nuisance or danger to the owners of other
        apartment/premises of their successors in title or to the occupiers or owner of
        any neighboring property on which may depreciate the value of the other




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       premises or of any other part thereof. The Managing Committee shall be the
       final authority in these matters.

C18. g. A member shall give all necessary support, vertical, horizontal and lateral
       and structural elements to the building, to the common walls of the premises,
       which shall be maintained and repaired in common with the owners and
       occupiers of the other premises.

C18. h. A member shall not acquire any right of light or air which may Prejudice the
       free use of the other premises.

C18. i. A member shall bear all expenses in common with the other owners of the
       apartments. Such expenses include salary of all staff, routine maintenance of
       pump sets, sanitary and electrical lines common to all premises, replacement
       of switches    and bulbs in corridors and all other common areas, water
       charges for the use of water in his/her flat, cleaning the common place,
       maintenance of the garden, electrical charges for all the common areas,
       maintenance of generator sets, and elevators and cost of        repairs to the
       structural sanitary and electrical system, elevators and generator installed in
       the premises, children play park, and other playing facilities provided for the
       residents at “TRIDA’s SANJEEVANI APARTMENT’.

C18.   j.   A member shall bear all expenses in common with the other Owners
       incurred for   painting the outside of the apartments, stairway lobby, car
       parking area, office and other common areas for which a decision is to be
       taken at the Annual General Body Meeting (AGM).

C18. k. A member shall co-operate in keeping clean the common areas such as the
       front, rear and side yards,         foyer, stairways, open terrace, elevators,
       Basement area etc. and ensure the safety of the building and premises.

C18. i. A member shall not throw debris or waste materials or garbage or any other
       items from the balconies and windows into the open yards or the neighboring
       compounds.




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C18. m. A member shall not utilise the services of the employees of the Association
       for his/her personal work.

C18. n. A member shall not tamper with or damage the glass panes of the entrance
       door and windows in the foyer and stairway, the staircase handrails, the
       landings and steps while taking in and taking out articles.

C18.   o.   The   elevators installed in the complex shall not be misused by any
       resident/apartment owner, employee or visitors to the complex: The capacity
       of each elevator is approximately 544 Kg /8 adults. Elevators shall be used
       exclusively for the purpose of conveying persons to and from the upper floors.
       However, in exceptional circumstances and under the personal supervision of
       a resident and the Caretaker/Maintenance Officer, the elevators may be used
       for the conveyance of personal effects, provided the weight of the articles
       carried at a time does not exceed 350 kg, and no damage is caused to the
       structure of the elevator. If the elevator is damaged while carrying goods to
       and from the upper floors, the entire cost of the repairs including replacement
       of parts shall be borne by the resident concerned.            This provision not
       withstanding, residents are advised in their own interest to desist from using
       the elevators for the conveyance of heavy and bulky articles.

C18.   p.   A member shall use all sewers, drains/water courses and elevators
       installed in common with the other flat owners and shall share the cost of
       repairing and maintenance of the same.

C18. q. A member who has not been provided car/scooter parking space shall not
       park any of his/her vehicles in the car parking lots of other flat owners or in
       the drive ways. Such members shall be permitted to park only in places
       designated for the purpose of common parking.

C18. r. A member shall permit visitor’s vehicle to park inside the premises only at
       the places ear-marked for the same.

C18. s. In case a member lets out his/her flat for rent he/she shall do this with the
       knowledge of the Managing Committee and he/she shall include in the



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      agreement with the tenants the above and below clauses for the welfare of
      the occupants of the other flats.

C18. t. A member shall pay the monthly common expenses directly or through a
      nominee, to the Owners’ Association even if the flat is rented out or kept
      locked up

C18. u. The Managing Committee shall have the right to refuse to permit use of
      the common facilities/services to any member who has committed default in
      payment of common maintenance charges. Such power shall be exercised
      by the Managing Committee only after giving the defaulting members 15
      days’ notice in writing regarding the said default and the member concerned
      fails to pay the arrears claimed within the said period of 15 days.      The
      members shall not have any right to resist such action unless he has paid the
      amount demanded and the payment is evidenced by official receipts.

C18. v. Compliance with covenants, bye-laws and administrative Provisions Each
      apartment owner shall comply strictly with the bye-laws and with the
      administrative rules and regulations adopted pursuant thereto, and with the
      covenants, conditions and restrictions set forth in the declaration or in the
      deed to his apartment. Failure to comply with any of the same shall be a
      ground for an action to recover sums due, for damages or injective relief or
      both maintainable by the Secretary or Managing Committee on behalf of the
      Association of Apartment owners or in a proper case, by an aggrieved
      apartment owner.

C18. w. Certain works prohibited:

         No apartment owner shall do any work which would:-

I. Jeopardise the soundness or safety of the property, or

II. Reduce the value of the property or

III. Repair any easement or hereditament or




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      iv.        add any material structure to his apartment or excavate any additional
            basement or cellar in the property.

C18. x. Wavier of use of common areas and facilities:

                      No apartment owner shall be entitled to exempt himself from the liability
            for his contribution towards the common expenses by waiver of the use or
            enjoyment of any of the common areas and facilities or by abandonment of
            his apartment.

C18. y. Charges on property for common expenses:

                      All sums assessed by the Association of Apartment Owners but unpaid for
            the share of the common expenses chargeable to any apartment shall
            constitute a charge on such apartment and shall have priority over all charges
            except only.

C18.             i.     Charge, if any on the apartment for payment of taxes due to the
            Government or a local authority and

ii.               All sums unpaid on a first mortgage of the apartment.

C18. z. Jointly and severally liable of the vendor for unpaid common expenses.

            i.        On the sale of an apartment, with prior intimation to the President of the
            Association, the purchaser of the apartment shall be jointly and severally
            liable with the vendor for all unpaid assessments against the vendor for his
            share of the common expenses upto the time of the sale without prejudice to
            the purchaser’s right to recover from the vendor the amount paid by the
            purchaser thereof.

      ii.             Any such purchaser shall be entitled to a statement from the Secretary or
            Managing Committee setting forth the amount of the unpaid assessment
            against the vendor, and such purchaser shall not be liable for, nor shall the
            apartment be sold, subject to a charge for any unpaid share of the common
            expenses against such apartment accrued prior to such sale in excess of the
            amount therein set forth.



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iii. No member is authorized to sell or rent his/her garage to a person who is not a
        resident.

iv.     A member shall register the names of their employees/drivers with the
        Secretary and a pass may be issued to each employee for his/her entry into
        the premises.

v.    A member shall not allow employees/staff to sleep or sit in the corridors, lobby
        and common areas.

C19.     GENERAL BODY MEETING

C19. a. All the members of the Association shall form part of the General Body.
        The Committee shall hold General Body Meetings atleast once every year in
        the month of April.

C19. b. The quorum of the General Body Meeting shall be 18 members. If the
        quorum is not attained, the meeting shall be held after one week at the same
        time, at the same      place with the members present, and their majority
        decision shall be binding to all.

C19. c. The General Body Meeting shall be held at any place as the Managing
        Committee may decide from time to time. Twenty one days’ clear notice shall
        be given to the members before a General Body Meeting is convened.

C19. d. An extra ordinary General Body Meeting shall be called by the President or
        Secretary provided 15 members give notice in writing to President/Secretary
        for an Extra-Ordinary General Body Meeting giving reasons for calling such a
        meeting. It will be mandatory for the President or the Secretary and in their
        absence for any member of the Committee to call for an extra- ordinary
        General Body Meeting within 30 days from the date of receipt of such notice.
        A 21 days notice should be given to members before calling such meeting.

C19. e. The President shall preside at the General Body Meeting. In the absence
        of the President and Vice President the members present, may choose a
        chairman from among themselves to preside over the meeting. Every issue


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       can be decided unanimously or by voting among members present and
       proxies. At the General Body Meeting, the voting power of each member and
       proxy shall be as per clause 11.

         Voting in the General Body Meeting is by show of hands and if desired, by
       secret ballot.    The ultimate authority in all matters relating to the
       administration shall vest in the general body. The Managing Committee shall
       not have any power to deal with items mentioned above in clause 19.

C20.     THE FOLLOWING MATTERS SHALL BE DECIDED BY THE GENERAL
       BODY BY A RULE OF 2/3RD MAJORITY OF THE MEMBERS PRESENT
       AND SUCH DECISION SHALL BE IMPLEMENTED BY THE MANAGING
       COMMITTEE.

C20. a. Passing of Accounts and Balance sheets.

C20. b. Election and removal of members of the Managing Committee.

C20. c. The amendment and repeal of the rules, bye-laws and membership of the
       Association.

C20. d. Disciplinary action to be taken against any member who violates the rules
       and by-laws of the Association or act in any way against the interests of the
       Association.

C20. e. Refixation of the monthly maintenance or any other charges etc, for each
       apartment.

C20. f. Legal action, suits etc. if considered necessary.

C20. g. A notice from a member supported by 15 members, that a particular matter
       should be referred to the General Body for a decision.

THE MANAGING COMMITTEE SHALL BE RESPONSIBLE FOR CONDUCTING
       THE DAY-TO-DAY AFFAIRS OF THE ASSOCIATION.

C22.    ACTION

C22. a. Without limiting the rights of any apartment owner, action may be brought
       by the Secretary or Managing Committee in either case at the discretion of


                                                                                 27
       the Managing Committee, on behalf of two or more of the apartment owners
       as their respective interest may appear, with respect to any clause or action
       relating to the common areas and the facilities or more than one apartment.

C22. b. Service of process on two or more apartment owners in any action relating
       to the common areas and facilities or more than one apartment may be made
       on the person designated in the declaration to receive service of process.

C.23. ACT TO BE BINDING ON APARTMENT OWNERS, TENANTS ETC.

C23. a. All apartment owners, tenants of such owners, employees of such owners
       or tenants, or any other person who may in any manner use any property or
       any part thereof submitted to the provisions of this act shall be subjected to
       this act to the declaration and the Bye-laws of the Association of apartment
       owners adopted pursuant to the Provisions of this Act.

C23.   b.   All agreements, decisions and       determination lawfully made by the
       Association of Apartment Owners in accordance with the voting percentages
       established under this Act, the declaration or the Bye-laws, shall be deemed
       to be binding on all apartment owners.

C24. REPORTS AND RETURNS

       The Secretary shall be responsible for rendering all reports and returns to the
       authorities either annually or as called from time to time by the committee
       members.

C25.    ASSETS AND FUNDS

C25. a. Membership fees constituting the maintenance deposit transferred by the
       Promoters.

C25. b. Monthly maintenance charges collected from the members.

C25. c. Any sum or asset as may be contributed, donated, bequeathed by any
       person or persons, firm or company by State or General Government or
       other authorities to the Association or any other Association.

C25. d. All interest or other income arising out of the said funds.


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C25. e. All assets that may be purchased or acquired from or out of the said funds
       and assets.

C25. f. All investment and realisation thereof from or out of the said funds and
       assets.

C25. G. All funds and assets which have by any means become the property of the
       Association.

C26. AUDIT OF ACCOUNTS

         Each year the General Body shall appoint a qualified Auditor to have the
       accounts submitted      after    the due audit.     It shall be the committee’s
       responsibility to fix the audit fees for a qualified auditor. The annual accounts
       for the financial year shall be submitted for approval at the General Body
       meeting to be held in April.       The annual accounts for the year in which
       elections are held to the       Managing Committee shall be submitted to the
       General Body before the elections for approval. Expenditure to be incurred
       between said date and the date of handling charges of the amounts
       authorized by the General Body on that day. The outgoing committees shall
       hand over charge to the new committee on the Ist day of May following the
       election. The financial year of the Association shall be from Ist of April to 31st
       March of the subsequent year.

C27.     DISSOLUTION

             The dissolution of the Association shall be decided by the General
       Body the rule of 3/4th majority of the total strength of the members of the
       Association having valid voting rights. Upon the dissolution of the Association
       out of the remains, after satisfaction of all its debts and liabilities and property
       and assets whatsoever left, the same shall not be paid to or distributed
       among the members of the Association or any of them but shall be given to
       the next Association with similar objects with a view to the common benefit of
       existing members exclusively, for their welfare, and determined by votes of




                                                                                        29
       not less than 2/3rd of the members present personally or by proxy at the
       meeting of dissolution or in default thereof by the court or Government.

C28.   AMENDMENT TO BYE-LAWS

        The General Body may from time to time, shall amend or alter the objects of
       memorandum or the by-laws or the name of the Association, if it is passed by
       2/3rd of the members, present in the meeting.

C29.    EXHIBITION OF BOOKS

        The by-laws, register of membership, accounts, minutes book are to be
       placed prominently in the office during all working hours of the Association,
       for inspection by the members, free of cost.

C30.    COPIES OF BYE-LAWS

         Additional copies of bye-laws will be supplied to members on payment.
       The above are        the rules and bye-laws of TRIDA’S SANJEEVANI
       APARTMENTS OWNERS ASSOCIATION They shall be subject to all the
       clauses of the Kerala Apartment Ownership Act 1983 (Act 5, 1984).




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