MIMS by linzhengnd



                 Owners Association

Bye- laws, Rules & Regulations

The Registrar of Societies



We desire to form an Association under the Karnataka Societies Registration Act, 1960 For
the Purpose of mentioned in the Memorandum of Association.

We enclosed herewith the Memorandum of Association, Rules and regulations of the

Thanking you,

Yours faithfully,

       01. Anantharaman Radhakrishnan

       02. Mehul Mehta

       03. Anand K

       04. Ravi Karthikeya

       05. Pramod Belari

       06. Mimi Partha Sarathy

       07. Pankaja Acharya

      MIMS ESPACIO at Sy. No.105/8, 106/1, Khata No.950, Jakkur Village,
             Yelahanka Hobli, Bangalore North Taluk


                                  HELD ON : 24.10.2007

           It was unanimously resolved in the General Body meeting that the


Shall be registered with the Registrar of Societies, Bangalore Urban District.,Bangalore

               The Secretary of the Association is authorized to correspond with the

                      Registrar of Societies, Bangalore Urban Dist.,Bangalore

        MIMS ESPACIO at Sy.No.105/8 & 106/1, Khata No.950, Jakkur Village,
                   Yelahanka Hobli, Bangalore North Taluk.


The Objectives of the Association shall be:-

   1. To Promote close co-operation between members and to render all possible advice
       and guidance to Residents/Owners.
   2. To render required civic service to the Residents/Owners.
   3. To promote and conduct activities of literacy, culture, social or charitable nature
       and conduct research in such fields to acquaint with the cultural heritage.
   4. To promote welfare programs of Residents/Owners and civic amenities of the area
       & welfare of members.
   5. To organize, conduct, establish social, educational and recreational forum,
       organization and activities for the benefit of Residents/Owners.
   6. To carry on the day-to-day work relating to all aspects of the Villas, common areas,
       common facilities and common services therein.
   9. To frame, amend, alter or delete the bye-laws and rules and to frame any additional
       by-laws and rules that may be required for the purposes of 4 and 5 above.
   10. To prescribe and enforce these bye-laws and rules uniformly, to the common
       advantage of all members.
   11. To enter into all contracts and agreements for or in connection with all allied
       services or purpose that may be required for running and maintaining the project.
   12. To ensure the safety and well being of the owners/residents of the Villas in MIMS
       ESPACIO by providing and arranging for various services such as security and
       preventive maintenance, and the effective supervision and management of such
   13. To open a bank account or accounts in any bank in the name of the association, to
       operate the same, to create deposits, and to invest monies of the association in any
14. To generally look after and be responsible for safeguarding, promoting and
    protecting the rights and well being of members, their well being and enforcing
    their respective obligations to each other.

15. To represent the collective interest of the owners of the Villas in MIMS ESPAICIO
    with various external agencies.

16. To sue or commence or defend any legal proceedings only in so far as it is related
    or connected with or affects the members and the affairs of the association in

17. To promote and strive for a peaceful and mutually beneficiary way of living among
    all members of the association, particularly in relation to their mutual existence in
    the Villas.

18. To regulate the manner and prescribe restrictions and conditions for and under
    which any member shall transfer or part with possession of his ownership of the
    Villa so as to ensure compliance with these bye-laws and rules by the transferees.

19. To do such other things as may be considered as to be incidental or conductive to
    the attainment of the aforesaid objectives.

20. To represent the collective interest of the owners of the Apartment in MIMS
    ESPAIO with various agencies including apply for regularization under various
    schemes of Government.

21. To promote Garden, Water, Electricity and Road development programs.

22. To make arrangement for hospital facilities to the sick & suffering & to promote
    health and education.

23. To promote and encourage oneness amongst the members and to build the spirit of

24. To promote and conduct welfare programs among the Residents/Owners such as
    extending free education for children by opening free schools, health clinic etc.,

25. To conduct and promote running of family counseling center and also to extend
    legal aid to the members.

26. All the members of the Association are prohibited to under take illegal activities
    including child labour with in the premises of the Association.
27. To apply and obtain the name of the Association and the civic amenity site from the
    statutory authority including BDA, BBMP and to maintain the same.
28. To apply and obtain right to maintain the gardens in the park area allotted by the
    any of the statutory authorities and to maintain the same.
29. To apply and obtain the sanction plan for construction for any of the objective
    permissible in respect of civic amenities tie including club house, swimming pool,
    play area, Garden Park, Community Party Hall etc., and to maintain the same.

2. The Income of the Association shall be utilized for the aims and objectives of the
   Association and shall not distributed among the members.
3. The Secretary of the Association is authorized to correspond with the Registrar of
   Societies, Bangalore.

       1.   Anantharaman Radhakrishnan
       2.   Mehul Mehta
       3.   Anand.K
       4.   Ravi Karthikeya
       5.   Pramod Belari
       6.   Mimi Partha Sarathy
       7.   Pankaja Acharya
                         MIMS ESPACIO OWNERS ASSOCIATION

         MIMS ESPACIO at Sy.Nos.105/8 & 106/1, Khata No.950, Jakkur Village,
                    Yelahanka Hobli, Bangalore North Taluk.


                                                             & SIGNATURE


          Villa F2, MIMS Espacio,
          Jakkur, Bangalore                40      Professional        President

02.       MEHUL MEHTA
          Villa D-4, MIMS Espacio,
          Jakkur, Bangalore             35         Professional        Secretary

03.       ANAND K
          Villa D-2, MIMS Espacio,
          Jakkur, Bangalore             47         Professional       Treasurer

          Villa F3, MIMS Espacio,
          Jakkur, Bangalore             35         Professional     Vice-President

          Villa C-7, MIMS Espacio,
          Jakkur, Bangalore             36         Professional        Member

          Villa A-6, MIMS Espacio,
          Jakkur, Bangalore        39              Professional         Member

          Villa F1, MIMS Espacio,
          Jakkur, Bangalore           47           Professional         Member


         MIMS ESPACIO at Sy.No.105/8, 106/1, Khata No.950, Jakkur Village,
                   Yelahanka Hobli, Bangalore North Taluk.

                           RULES AND REGULATION

1. DEFINITIONS: In these byelaws unless the context requires otherwise or separately
provided the following words shall have the meaning assigned to them herein:

        a) Association; Means the Association of all the Villa owners constituted by
            such owners and or their proxy or power of attorney holder for the purpose
            upkeep and welfare of the MIMS ESPACIO VILLAS residents acting as a
            group in accordance with the rules and regulations and constituted as such
            by the Villa owners and declared in the General Body.

       b) Building: means the complex of composite RCC construction comprising
           of various blocks containing several Villa and Association jurisdiction and
           facilities as defined hereunder and referred by name MIMS ESPACIO and
           known as and includes the land attached thereto.

       c) Villa: Means a part or portion of the MIMS ESPACIO residential complex
                 built of independent use with access to public roads and subjected to
                 constitution and byelaws of the MIMS ESPACIO OWNERS

       d) Villa Number: Means a plot with villa or unit in the building with a specified
                       area in any floor identified by a number,owned by a person
                       or persons and intended purely for residential purpose only.

       e) Person : means an individual firm, company an Association of persons
                   or a group of members of a family, who by custom and separate
                   law applicable hold joint in possession and residence.

      f) Owners:   Means the persons owning a Villa an undivided interest in the land,
                   Association jurisdictions and facilities in the percentage specified and
                   Established in the Declaration in the Association and which has/have
                   A sale deed registered in his/her/their favour.

 Residents: A resident could be an owner or a tenant to whom a villa owner has given on
rent his/her villa.
g) Management Committee: Means the committee of management or other directing body
consisting of members selected by the general body duly convened meeting to which the
administration and management of the affairs of the Association in entrusted by the general
body of the Association and charged with general and specific posers and duties in respect
of collection and expenditure with general and specific powers and duties in respect of
collections and expenditure and other matters pertaining to the maintenance and
management of the property.

h) Reserve Fund: means the fund constituted to be credited with common profits,
donations and voluntary contributions received.

i) Sinking Funds: Means a fund for taking up works of emergency nature for repair,
rectification/modification, addition, alteration of building and /or the facilities.

j) Financial year: Means the financial year of the Association, which begins on first of
April every year and ends on the thirty first of March of the succeeding year.

k) Alternate members: Means the purpose. A parent or any of the children above the age of
eighteen years, who is specifically authorized in writing by such owner to enjoy the rights,
privileges and discharge obligations of the owners in relation for the Association.

         MIMS ESPACIO at Sy.No.105/8 & 106/1, Khata No.950, Jakkur Village,
                    Yelahanka Hobli, Bangalore North Taluk.


  a) Any person/s who has/have ownership of Villa in MIMS ESPACIO and aged about
     18 years and executed respective declaration, shall automatically be a member/s of
     the Association.
  b) Membership Fees will be collected as per the following three norms:
         i.     Annual Membership Rs.
         ii.    Monthly Subscription Rs.

   c) upon any Villa owner selling his/her/their villa or absolutely conveying the same by
      way of gift or exchange of under his/her/their will/codicil or otherwise, the
      purchaser or donee or legatee of the same shall become a member of the
      Association and shall be admitted as a member.
   d) On the death of the Villa owner, his/her/their Villa shall be transferred to the
      persons of whom they bequeathed the same by his/her/their will/codicil, or the legal
      representatives of his/her/their estate. In case he/she has/have not made any specific
      request of the Villa, then the names of the legal representatives of his/her/their
      estate, In case he/she/they not made any specific bequest of the Villa, then the
      names of the legal representatives, shall be entered on them obtaining the letter of
      administration from the court, in the regular register of the Villa owners maintained
      by the secretary for the purpose of administration of the Association as per the Villa
      owner. The Villa owners shall be entitled to appoint a guardian who will look after
      the minor’s interest.
   e) The owner may, in his/her absence, appoint an alternate member, who shall be
      spouse, a parent, or anyone of the children above the age of 18 years, who is
      specifically authorized in writing by such member in relation to the Association.
      There shall be no membership subscription or entrance fees. The secretary to the
      Association shall maintain a register of members where a member has appointed an
      alternate member; the name of such alternate member shall be recorded alongside
      of the member in the register of the members.


A member of the Association may be delivering a signed and notarized declaration to the
Association, nominate a person/s who shall be entitled to the right title and interest in the
Villa to have his name recorded in the register of members. A member may revoke or vary
his nomination at any time by making a revised/fresh declaration as set forth above and
delivering it to the Secretary of the Association. An alternate member shall not have the
power to file further nomination as set forth above.

On receipt of such nomination or the revised/fresh declaration as to the nomination or letter
of revocation, the same shall be placed before the meeting of the management committee to
the held next, for its consideration and approval. Every such nomination, or revocation
thereof shall enter in the register of nominations by the Secretary of the Association within
a week of the meeting of the management committee in which it was recorded.


Where two or more person/s have purchased a Villa jointly, they shall be jointly entitled to
the villa and the shares of the Association shall be issued in their joint names, but the either
of the joint owners shall have the right to vote. Such first named persons name shall be the
members of the association upon the death of a member, the Association subject to its
being satisfied of the legal position enter the name of the joint owner in the register of
members if there is a single joint owner, the joint owner shall be entitled to become the
member of the Association, subject to meeting other requirements as set forth above.


Where a flat has been purchased by a firm, company or an Association of persons, such
firm, company or Association of persons, as a case may be shall nominate/appoint a person
to represent itself in the affairs of the Association and convey the name of such person
accompanied by a lawfully executed and certified declaration, board resolution as
applicable by law/articles of Association or by-laws of nominating firm company or
Association of persons.

The Association in all matters of administration deal with the person nominated as here in
before as member on roll and the said person shall have the right to vote. Such nominated
persons shall be the members of the Association and his/her name shall be entered in the
register of members of the Association.

The nominating firm, company, or Association of persons that owns the Villa shall have
the right to revoke the nomination at any time and appoint any other person by following
the procedure set forth above.


   5.1 Voting: Each Villa owner whether joint owner or otherwise is entitled to ONE vote
       assigned to his/her/their irrespective of the area of the residential premises owned
       by the member in all the meetings of the general body.
   5.2 Quorum: The presence of majority of the owners constitutes a quorum for an
       annual general body meeting or for an extra ordinary general body meeting. If
       within 30 minutes appointed time for meeting as give in the notice, there is no
       quorum as specified above, the members present, will adjourn the meeting to
       another date and time which shall not be earlier than 48 hours. No further individual
       notice for this adjourned meeting is necessary. No quorum required for such
       adjourned meeting and the meeting shall consider the business given in the notice
       quorum of the annual general body meeting and special general body meeting.

The quorum of every general body meeting, whether special or annual shall be one third of
the total number of members subject to a minimum of 1/3rd members of the Association.

   5.3 Disqualification: No member/alternate member,. Proxy or he/she representative
       shall be entitled to vote on the election of the members of the committee or be
       entitled to contest election or co-opted to such office if he/she is in arrears in which
       the general body meeting is held, in respect of his/her contribution or common
       expenses to the Association.

   5.4 Proxy: Every member who does not personally occupy his/her residential premises
       in the building or unable to present himself at the meetings or contest for election to
       the committee or management will have to authorize in writing:

Any member of his family or another member of the Association or a tenant or a licensee/
or a power of attorney holder in occupation of his residential premises, to stand for election
of a committee members or to take part and represent him and case vote on his/her behalf
in all meeting of the general body for such period as he/she may so delegate and such a
vote shall take effect as if it has been cast by a member itself.

The written authorization shall be addressed and delivered to the President or the Secretary
of the Association and shall remain in force for the time period mentioned in the
authorization or the absence of such specific time period, till such authorization is revoked
in writing and delivered to the President or Secretary of the Association. Every action
statement made by such proxy or power of attorney holder of the member shall bind the
principle member.

   5.5 Vote to be cast in person: The owners or their power of Attorney Holder or proxy
       holder shall cast the votes in person.



Meeting of the Association shall be held at a suitable place convenient place to the Owners
as may from time to time be decided by the Association.

        The first Annual general body meeting shall be held within a period of six months
from the close of the financial year, on the date, time and place to be decided by the adhock
committee of management. Thereafter Annual General Body Meeting of the Association
shall be held not later than 3 months from the close of each financial year or such extended
date as may be decided by the committee of management in office.

At such Annual general meetings the members shall elect a committee of management
having members not exceeding in number to be responsible and to carry out all matters
relating to the affairs of the Association.

The agenda of the meeting must also be circulated to all the Villa Owners. At such a
meeting, managing committee shall be elected from among the Villa owners, by voting of
ballots and in accordance with the requirement of the byelaws. This managing committee
shall be in office till the conclusion of the next annual body meeting. The villa owners may
also transact such other business of the Association as may be placed before them.


It shall be the duty of the President to call for an Extra Ordinary General body meeting at
the Villa owners as directed by a resolution of the managing committee or upon a petition
signed by the owner signed by the majority of the owners and having been presented to the
secretary. The notice of any extra general body meeting shall state the time and place of
such meeting and the purpose thereof. No other business shall be transacted at such a
meeting except as stated in the notice, without the consent of majority of the Villa owners
present in person. Where the Extra ordinary general body meeting is to be held upon
requisition, it shall be placed within seven days of its receipt before the committee of
management, by the secretary of the Association of fixing the date, time and venue for the
meeting so requisitioned. The committee of management shall decide the date, time and
place for the extra ordinary meeting. In case of requisitioned meeting by members, it shall
be held within a period of 40 days from the date of requisition.


It shall be the duty of the secretary to mail or send notice on each Annual General Body
Meeting, Special General body Meeting and extra general meeting, stating the purpose
thereof as well as the time and place where it is to be held to each Villa owner, at least 21
days clear prior and to ordinary meeting at least 07 days to such meeting. Mailing or
sending of a notice in the manner provided in the bye law should be considered as notice
served. The mailing or sending of the notice to the last known address of the member via
post, courier or electronic means(email) or by personal delivery as record with the
Association shall be considered as notice by any member by absence or refusal shall not
invalidate the proceedings for the meeting and the decision taken at such a meeting shall be
questioned or challenged before any authority in any court of law.

If any meeting of the owners cannot be organized because a quorum has not formed the
owners who are present may adjourn the meeting to a time not less than forty-eight hours
from the time the original meeting was called. No further individual notice for this
adjourned meeting is necessary, no quorum is required for such adjourned meeting and that
meeting shall consider the business given in notice.


Special meeting of the managing committee mayh be called by the President by giving
three days notice to each managing committee member, either personally or by mail or
telephonically, such notice shall state the time, place(as hereinabove provided)and purpose
of the meeting. The President or secretary shall call such special meetings of the managing
committee on like manner and on like notice of the written request of at least two managing
committee members.

           a. President of Meeting:

     The President or in his absence of the secretary shall preside at the general body
meeting, annual or extra ordinary. In the absence or both the members present may choose
a President from among themselves to preside over the meeting and conduct the

           b. Order of Business:

 The general body is supreme and its decision binds all the members and shall be
implemented and is empowered with authority vest in it by the constitution and byelaws of
the Association.

The order of business at all meeting of the owners of Villa should be as follows:

   a)   Roll call
   b)   Proof of notice of meeting or waiver of notice
   c)   Reading of minutes of previous meeting
   d)   Reports of Managing Committee
   e)   Unfinished Business, if any
   f)   New Business with the permission of the President.

The ultimate authority in all matters relating to the affairs and implementation of the
objects of the Association

   a) consideration and passing of the annual accounts. The official year of the
      Association shall be 1st April to 31st March of every year.
   b) Appointment and re-appointment of auditors and legal advisors or appoint to any
      casual vacancy in the office of the auditor shall be appointed by the committee of
   c) Annual budget of expenses for the succeeding year presented by the committee of
   d) The Association shall draw up its accounts for each financial year ending 31st
      March. The same shall be audited and published within 3 months of the closing of
      the financial year and shall contain the following.

   A. Income and expenditure of the financial year under review.
   B. A statement of assets and liabilities of the Association giving such particulats as
      will disclose the general nature of these liabilities and assets and how the value of
      the fixed assets have been arrived at.
   C. The audited financial statement shall be open for inspection to any Villa owner
      during office hours in the office Association and a copy thereof shall be submitted
      to the competent authority not later than 30th April every year.
   D. Every financial statement shall be accompanied by a complete list of villa owners.
      There shall also accompany the financial statement, the financial statement shall
      state unto what date profits and expenses of Association jurisdiction are included.


The election rules generally followed in elections to the public offices or as amended or
modified by the committee of management as it deeds fit and proper shall be followed
considering the exigency prevailing each time.

The term of office of the committee of management elected at any annual general body
meeting shall be for one year. The committee shall hold office until their successors are
elected and assume office. The retiring committee members are eligible for re-election. The
first committee of management shall be appointed by the general body meeting.


           a. The managing committee shall have the powers and duties necessary for the
              administration of the affairs of the Association, and may do such acts and
              things as are by law or these bye-laws directed to be exercised and done by
              the Villa owners.
   In addition to the duties imposed by the byelaws or by resolutions of the Association,
   the managing committee shall be responsible for the following that is to say;

   The duties and responsibilities of the committee is to promote the aims and objects of
   the Association. The managing committee shall function only through the office bearer,
   elected amongst them and shall oversee, control guide and supervise the overall
   performance of the office bearers who are on the other hand will take care, up keep,
   survellience of the buildings, Association jurisdiction, facilities etc., of the Association
   and ensure efficient day to day management of the affairs of the Association.

   a) To admit members as and when ownership of the Villa change
   b) Discuss and decide about calling annual general body meeting/special general body
      meeting with their agenda.
   c) Discuss and finalise the budget for the next year.
   d) To appoint, suspend, punish and dismiss the employees and the staff engaged by the
      Association in the interest of maintaining discipline and adequate quality of service
      and also fix their duties, responsibilities, conditions of service, their conduct and fix
      their remuneration.
   e) Any member of the managing committee who has not attended three successive
      meetings without proper cause and due intimation, shall cease to be member of the
      managing committee and another member may be co-opted by the managing
      committee in his place. However, the person who ceased to member because of his
      absence is eligible for re-election.
   f) To frame regulations(which shall be entered in the minute book of the Association
      consistent with the rules framed hereunder)
   g) Fixing of designation terms of employment, remuneration and dismissal of the
      personal necessary for the maintenance and operation of the Association
      jurisdictions and facilities of the Association.
   h) To open and operate the bank account of the Association. The said account is to be
      jointly operated by two of the managing committee members, duly authorized by
      passing a resolution.
   i) To provide guidelines for the manner in which the aduit and accounts of the
      Association, shall be carried out
   j) To inspect the account kept by the secretary and/or the treasurer and examine the
      registers and account books and to take necessary steps for recovery of all sums due
      to the Association.
   k) To sanction working expenses, account cash balance and deal with the other
      miscellaneous business.
   l) To ensure that the cash book is written promptly and is signed monthly by one of
      the members of the committee authorized in this behalf.


The principal of the Association shall be elected annually by the Villa owners at the annual
general body meeting and each new managing committee shall hold office till the next
annual general body meeting. The election shall be conducted once in year.
           c. REMOVAL OF OFFICERS:

Upon an affirmative vote of majority of the members, any officer may be removed, only
with the sufficient cause and valid reasons, and his/her successor’s elected managing
committee called for such purpose. At any time regular meeting or at any special meeting
of the Association called for such purpose.


Vacancies caused by any reason shall be filled in by co-option of another member of the
Association at the committee of management meeting held next and such member shall
hold office until election to the committee as member duly elected.


Any committee member who is a defaulter in paying subscription charges and any other
dues, for a period of three consecutive months or has failed to attend three consecutive
meetings of the committee without leave of absence or failure to function effectively or
accept responsibility or for any misconduct shall stand automatically disqualified to hold
such office and be removed at the next committee if the said disqualification is established
by a majority opinion of the committee.


The first meeting of a newly elected committee of management shall be held within 10
days of the election of which the election of office bearers shall take place and no separate
notice shall be necessary to the newly elected members to attend the meeting.


Regular meetings of the committee of management may be held at such time and place as
shall be determined, from time to time and such meetings shall be held at least once in two
months notice of regular meeting of the committee shall be given to each committee
member personally, or by post or by courier or by email, at least three days prior to the day
named for such meetings.

The Secretary shall maintain the minutes of all such committee meetings in consultation
with the President and shall cause such minutes to be recorded within 14 days of the
meetings so held.


In case of urgency, and circumstances so require, the committee may decide on a matter by
circulating a note on the subject in respect of which each committee members opinion may
be sought which if implemented should be brought up for ratification of the committee as
its next meeting.

   38. QUORUM:

At all meetings of the committee, one half of the total strength of the members subject to
minimum of seven shall constitute a quorum for the transaction of business. If there be no
quorum the meeting shall stand adjourned to the same time and place the flowing date. Not
less than 48 hours. At any such adjourned meeting the business which ought to have been
transacted at the meting as originally called may be transacted without further notice
subject to at least seven members being present. Every issue before the committee shall by
decided be a simple majority and case of tie, the President may exercise his vote.


An elected committee member may resign at any time be sending a letter of resignation to
the President or in his presence to the secretary of the Association, assigning reasons for his
inability to function to which he volunteered and accepted, but the resignation shall take
effect from the date of acceptance by the committee of the month from tendering
registration, which ever is earlier.


When the new committee is elected the secretary and treasurer of the outgoing committee
shall handover the actual charge of records, documents books of accounts and cash as per
the bank reconciliation statement to the secretary and treasurer respectively of the new


The Association may employ a paid manager at a compensation determined by the
Association to perform such duties and services as the Association shall authorize
including but not limited to the duties in the bye-laws.



The Association in all or any of the following ways may raise funds namely.

   a. By Deposits.
   b. By contribution from the Villa owners and interest paid thereon by the owners for
      delayed payments.
   c. From common profits, which accrue from the corpus of the contingency funds.
   d. By raising monthly subscription charges and contingency funds for upkeep of the

The reserve fund of Association shall comprise of;
   a) The amounts carried forth to be said fund from year to year, out of the excess of
       income over expenditure.
   b) Entrance fees if prescribed to be paid to the Association from its new members, any
       time hereinafter.
   c) All donations received by the Association except those received by it for any
       specific purposes.
   d) Investment and utilization : The Association shall invest or deposit its funds only in
       any scheduled bank conveniently located and the same shall be applied only for
       promoting the aims and objectives of the Association.


Should there be any federation of Villa owners in the locality of which the Association is
situated, the Association may, after consulting the competent authority, become a member
thereof, and pay the sums from time to time payable to such federation under the rules
framed thereof.


On the resolution passed by the meeting of the general body of the Association of the
Association, the sinking fund to the extent available may be used by the Association for the
reconstruction of its buildings, as in its opinion would be necessary to strengthen it or for
carrying out such heavy repairs arising due to natural calamities, riots, earth quakes,
terrorist acts or other acts of God as may be certified by the Architect as necessary.


THE ASSOCIATION SHALL OPEN a bank account in any of the scheduled banks which
account shall be operated under the joint signatures of any two of the following i.e., the
president, the secretary treasurer or any person delegated by either of them all moneys
received on behalf of the association shall be deposited into the bank account opened for
this purpose . Any excess funds belonging to the association can be invested in any
scheduled bank in any fixed deposit scheme pursuant to a resolution passed by the
association the secretary /treasurer may retain in his/her/their personal custody cash not
exceeding Rs. 2000/- each for petty expenses any officer/estate manager appointed by the
association shall maintain proper account with regard to all the expenses incurred for the


A copy of the financial statement and the report of the auditor shall be kept in a
conspicuous place in the office of the Association .


The association shall appoint at its general meeting , an Auditor who shall audit the
accounts of the association to be prepared by the association as herein before provided and
shall examine the annual return and verify the same, with the accounts relating thereto and
shall either sign the same as found by him/ her to be correct. Duly vouched and in
accordance with law, or specially report to the managing committee, in what respect he/
she finds it incorrect, un vouched or not in accordance with law


The auditor shall be entitled to call for and examine any papers or documents belonging to
the association relating to association jurisdictions and facilities (including limited
association jurisdictions and facilities) and common expenses and shall make a special
report to the association upon any matter connected with the accounts, which appear to
him/ her to require notice.


The association shall when the circumstances so demand appoint a qualified legal advisor
to deal with issues requiring such services in the interest of the association and its members
from time to time such appointments will be made on terms and conditions and on such
remuneration and for such specific period as may be decided by the management

If and when the general body decides to subject their residential premises to the provisions
of a statutory act of law or government regulation / notification for the purpose of meeting
the legal requirements or for the collective benefit of the members and or premises the
owners unequivocally agree and accept to comply with the provisions of the said
act/regulation /notification and the rules made hereunder .



The association shall have a common seal which shall be in custody of the secretary and
shall be used only under the authority of a resolution of the association and every deed of
instrument to which the seal is affixed, shall be attested for as on behalf of the association
two members of the committee, one of them being the secretary or any other person
authorized, by the association in that behalf


Any member shall have the right to inspect free of cost books , registers and documents
,minutes etc relation to the affairs of the association and get copies of the documents on
payment of fees as may be prescribed by the committee,


All members shall follow the dos and don”ts detailed in the book of guidelines supplied by
the association , in so far it is consistent with the normal code of discipline and do not
encroach upon the legal rights of the owners .


The association being jurisdictional person can sue in its own name represented by the
president or vice president or secretary in all common causes whenever a legal action is
found necessary, the members of the association jointly act and institute action through the
association representing them and not individually or separately . This however is not
applicable for the dispute between the members or of personal nature where they go for
arbitration or other lawful remedies.

   32.1. all members shall comply with the bye –laws and rules of the association and
         hand over to the secretary a singed form of declaration , in the format given below
         “I hereby declare that I shall comply strictly with the covenants, conditions and
         restrictions made by the association and set forth in the bye-laws and rules of the
         Association “

   32.2. In the event of a member selling his villa:

It shall be the responsibility of the member concerned to obtain and hand over to the
secretary a similar declaration, according to the format given below , from the purchaser of
the villa.

   32.3. in the event of any member leasing out his villa or any portion thereof :
   It shall be the responsibility of the member concerned to obtain and hand over to the
   secretary a similar declaration, according to the format given below from the lessee or
   the occupants of his villa above , the committee shall be entitled to enforce any or all of
   the restrictions and rules directly against the tenants or occupants ,

   32.4. It shall be the responsibility of every owner to ensure that maintenance dues and
         any other dues decided upon by the managing committee / general body from
         time to time ore paid in full and on time.
   32.5. Payments shall be made quarterly , in advance , so as to reach the Managing
         Committee on or before the 15th of the first moth of each quarter i.e. by 15th
         April,15th July, 15th October and 15th January during each financial year .

   32.6. In case of delayed payment the owner concerned shall be liable to pay interest at
         the bank rate applicable at time .

   32.7. If, in the opinion of the managing committee the payment is delayed beyond a
         reasonable length of time , the association shall have the right to enforce such
         payment, if necessary through the court or by taking suitable legal action.

MIMS ESPACIO is a residential building consisting of 30 villas, at Sy .nos. 105/8, 106/1,
Khata No.950, Jakkur village, Yelahanka hobli, Bangalore North Taluk, owners of which
formed the MIMS ESPACIO OWNERS ASSOCIATION. The owners are bound by the
bye –laws of the association, of which they are all members.

For harmonious living In a close –knit society, as in a villa building , it is necessary to have
certain rules governing the general administration and upkeep of the project, as well as to
clearly set out the responsibility of the residents, the managing committee of the
association has therefore prepared this document for the benefit of and compliance by all
residents of MIMS ESPACIO.

The purpose of this document is to provide a readily available permanent record of such
rules, as well as other relevant information, to which residents may conveniently refer Each
villa is being provided one copy . an additional copy is being sent to all non-resident
owners, from time to time, numbered circulars will be issued regarding additions or
amendments to the rules it is suggested that these be kept in a common file along with this
basic document for ready reference Un-numbered circulars containing instructions or
advice of a temporary nature may be kept separately.

Residents are requested to carefully read this document, as well as future circulars on this
subject, and also bring the relevant portions to the attention of their family members,
visitors and domestic help. This will help to ensure uniform compliance by all concerned


   B.      USE OF VILLAS
   H.      CHILDREN
   I.      PETS
   J.      SERVANTS

The primary objectives of the Association are to maintain the physical environment of
MIMS ESPACIO at a level that makes it one finest in Bangalore and the social
environment is a manner that marked by good will, consideration, mutual cooperation
and simony among all residents.

Living in an Villa building is like living in a close community, much more so that
living in independent houses. The resident share many facilities and services. Action
inaction on the part of one affects the others. Even unintentional carelessness or
thoughtlessness can sometimes cause on intrusion upon the convenience and comfort of
other residents, A certain amount of adjustment in one’s lifestyle is therefore necessary
in the overall interest. One cannot expect, or have total freedom of action or freedom
from encroachment from others as is possible in an independent house.

The basis for effective community living is a sense of fellow –feeling, mutual
consideration and good neighborliness. While a formal code of conduct is necessary,
residents are requested to treat the rules as guidelines to which they conform voluntarily
and willingly, in the spirit of self regulation .


The villas are meant for residential purposes only. No business activity is permissible.
The use of any villa as a guest house shall be deemed to be non-residential.

No resident shall alter , change or in any way interfere with the existing construction of
the villa occupied by him, inside, or outside, without the concurrence of the owner
concerned, who , in turn, shall obtain the prior written approval of the managing


The common areas shall comprise the club house, common park, and generally all areas
expect those which are within the boundaries of the individual villas.

C.1) Common areas shall no be used for keeping or starting furniture, packages, potted
plants bicycles, toys or personal effects of any description, even on a temporary basis.
C.2) No resident shall erect, put up or display any sign boards, posters or advertising
material of any kind in or on the building . However , the use of a personal name plate
on the front door of the villa shall be permitted.

C.3) common areas shall no be used for carrying out personal work e.g., carpentry ,
painting, upholstery , repairs to appliances, cleaning of rugs, drying clothes, sunning of
foodstuff etc.,. even for a limited period of time.

C.4) The terrace may be used for the drying of heavy items , such as carpets, blankets,
etc., which is done infrequently , though entirely of the owner’s risk. However, it shall
no be used for drying of normal cloths or for storage of goods belonging to residents or
for disposing of junk and unwanted items.


D.1 Residents shall park their vehicle only in the space specifically assigned to them,
and not in the drive-ways passages or any other common areas.

D.2 Residents shall ensure that vehicles brought by their visitors are not parked in the
common areas except in the parking spaces specifically assigned to the respective
residents visitors shall park their vehicles outside the MIMS ESPACIO project at their
own risk.

D.3 Residents or their visitors shall not occupy a parking space assigned to another
resident, even for short periods, without the express permission of the rightful user of
the concerned parking space.

D.4 Residents shall ensure that no major repairs are carried out to their vehicle in the
common areas. They shall also ensure that there is no oil dripping from their vehicles or
any such action makes their own parking space, driveways or passages dirty. If it
happens. Inadvertently, they shall arrange for the necessary cleaning.

D.5 Residents shall drive vehicle in the common areas slowly and with extreme
caution to avoid injuries limit is 5 km ph.

D.6 As a consideration to others, residents shall ensure that:
D.7 Horns or reversing horns are not used, and loud music is not played in the
common areas.

D.8. Vehicles are parked at the sole risk of the owners. The association or its
managing committee shall bear no responsibility for any loss or damage due to any
reason whatsoever.


E.1 Residents shall ensure that the outer surface of the villa is not damaged,
disfigured , soiled or painted. In the event of such damage and / or disfigurement
taking place, even inadvertently , the concerned resident shall be liable to pay to the
association the cost of cleaning and restoration of the area to its original state .

E.2 Residents shall take care that no damage is caused to the common property of the
association. In the event of such damage taking place, the cost of rectification or
replacement shall be recovered from the concerned resident.

E.3 Provisions has been mode for the removal of garbage from each villa at pre-
determined times. Residents shall keep the garbage for removal outside their front door
in a neat container is kept out in time and removed soon after it has been emptied .

E.4 Residents shall ensure that the villa or common areas are not littered or mode dirty
by throwing waste , cigarette/bidi butts. Matchsticks, etc., such items shall also not be
thrown Out of windows, doors or balconies of villas. Similarly , carpets, rugs , etc.,
shall not be dusted out of villas onto any common areas.

E.5 Down pipes for carrying drain water and sewage are connected to the kitchen and
bathrooms in each villa. Resident shall ensure that they do not carry out any activity or
dispose of any items that may block or damage such down pipes.

E.6 While the association has arranged for the regular cleaning of all common area ,
Residents are requested to assist in this process by bringing the relevant rules to the
attention of all by bringing the relevant rules to the attention of all concerned, in all
such matters, residents shall be responsible for the actions of their family members,
visitors, servants and other domestic help.


F.1 Drying of clothes and personal effects in common areas in strictly prohibited.

F.2 Residents shall not attach clothes –lines to column, pillars or any part of the
building outside their respective Villas. However, short brackets projecting from their
own balconies may be used for this purpose.

F.3 To maintain the aesthetics of the Villa, residents shall ensure that clothes are not
dried in or outside the balconies directly overlooking.

F.4 Residents shall ensure that wet clothes hung directly over the balcony railing are
not in contact with the outside wall, as this can discolour or damage the finish on the


G.1 Residents shall not engage in, indulge, carry on or cause to be done any activity
which may interfere with peaceful enjoyment and occupation of the Villas by other

G.2 Residents shall not cause disturbance of any nature, including loud music, noisy
parties, etc., or carry on such activities as would result in causing annoyance or
disturbance to any of the other residents.

Private parties and functions shall be held within the respective Villas only , and with
the doors closed., so as to avoid disturbance to other residents.

G.3 Expect for any functions specifically organized by the association , residents shall
not use the common areas to play with colours, or to set off firework.

G.4 Apart from the disturbance caused to non-participants, such activities can result in
damage to or disfigurement of common property, and may even pose a serious safety
G.5 Residents are cautioned that excessive noise or disturbance come under the
category of public nuisance, and may even draw the unwelcome attention of the
appropriate law enforcement agency

G.6 The daily periods between 1.30 pm to 3.00 pm, as well as 9.00 pm, onwards,
shall be observed as Quiet Hours” , when no noise is permitted

G.7 Workmen shall only be permitted to work in the villa premises from 8.30.am to
1.30 pm and from 3.00 pm to 7.00 pm so as to avoid disturbance to residents. This rule
is not applicable to servants and other domestic help.


Residents shall ensure that their children only play in the designated play areas, one that
the younger children, in particular, are always under the care of a responsible person.

I.1 :PETS :

Residents may keep pets, but strictly on the understanding that they shall not allow such
pets to cause disturbance or present a hazard to his/her/their residents.

I.2 Owners shall ensure that their dogs are kept on a leash at all times while in the
common areas.

I.3 Owners shall ensure that their pets do not cause a nuisance in any of the common
areas. In case of any inadvertent nuisance being caused by pet, it shall be the
responsibility of the owner concerned to arrange for the necessary cleaning.

I.4 To avoid any health safety hazard to other residents, owners shall ensure that their
pets are always given the necessary injections/vaccinations on time.

I.5 Residents who keep pets shall be required to give a written undertaking that they
will strictly abide by the letter and the spirit of the above-mentioned rules relating to
I.6 Residents shall ensure that any of their visitors who bring pets to the villa also
conform to all the rules relating to pets.


J.1. Residents shall be personally responsible for the behavior and action of their
servants, domestic help and employees. All residents shall make their servants fully
familiar and ensure compliance with these rules.

J.2 Servants shall not be permitted to use any part of the common areas or parking
areas for their residents, sleeping, cooking, etc.,

J.3 In case a breach of discipline on the part of a servants is noticed by any residents,
it can be pointed out directly to the servant concerned . If relevant, it may also be
brought to the attention of the employing resident or the Managing committee.


K.1 Security shall be provided to the villa and residents by posting watchmen on duty
at all hours of day and night on every day of the week . The watchmen may be
employees of the association or of a security service organization, on contract with the

K.2 The duties of the watchmen shall be reviewed from time to time by the managing
committee and modified where necessary so as to best servants security needs of the
association. These duties shall include.

K.3   Control of incoming and outgoing traffic.

K.4. Ensuring that vehicle parking regulations are observed.

K.5   Checking the entry of unauthorized persons.

K.6. Making periodic rounds of the entire premises, especially at night to check
regarding safely , security and general compliance with the rules of the association.

   L.1. Residents shall ensure safety to their respective Villas and the common areas
   against fire, electrical fault, water leakage / spillage, LPG hazards, geyser explosion,

   L.2. No inflammable material shall be stored anywhere within the villa premises.
   Petrol or diesel oil may be kept only in the fuel tanks of vehicles and not in any other

   L.3. LPG cylinders/connections/appliances as well as electrical geysers must be
   installed and maintained in a manner approved by the authorized dealers, so as to avoid
   risk of fire and explosion.


   M.1 The Managing committee is entrusted with the task of engaging suitable
   employees and contractors. These may change from time to time and residents shall be
   kept suitably informed where necessary.

   M.2. All association employees or contractors shall be under the control and
   jurisdiction of the Managing Committee as a whole.

   M.3. No association employees is permitted to undertake personal work of residents,
   Even outside his/her duty hours. Residents are requested to strictly abide by this rule.
   Similarly , no employee is permitted to concurrently take up any other job , whether
   full-time or part-time.

   M.4. The performance of all association employees and contractors shall be reviewed
   periodically to ensure that the service provided meets expectations.


O.1. The responsibility for conducting the affairs of MIMS ESPACIO and its association
is vested in the Managing committee as a whole.

O.2. The Managing Committee shall be assisted of day to day administration Managing
and a supervisor/head Watchman. The responsibilities of both these staff members are
given in the annexure.
O.3. Suggestions or complaints by residents may be entered into a register kept in the
association office for this purpose. The Manager shall go through the register daily and
attend to the points raised expeditiously , with in the limits of his authority and the frame
work of the existing rules. The register shall also be seen by the secretary weekly. However
, urgent issues shall be put up to him by the Manager as and when these arise.

O.4. In case of important issues being raised or where policy issues are involved , the
secretary shall refer these to the Managing committee for information and necessary action.

O.5. When noting suggestions or complaints, residents requested to indicate their name and
villa number. This will facilitate follow up by the Manager and the Managing Committee.
No action will be taken on unsigned or anonymous notes.


P.1. It shall be obligatory on the part of all residents (owner and tenants abide by the rules
of the association.

Residents are requested to keep one set of the rules in their respective Villas for ready
reference. Any future additions/amendments should be suitably incorporated into this set.

P.2. It shall be the responsibility of all owners to ensure that maintenance dues and any
other dues decided upon by the Managing Committee / General Body from time to time are
paid in full and on time.

P.3. In case of any complaint relating to association employees, residents shall take up
the matter through the Manager or the supervisor / Head Watchman, and not directly with
the employee concerned.

P.4. Owners are requested to inform the Managing Committee whenever they give their
villa out on rent, along with brief particulars of the tenant(s). This is for administrative
convenience only.
                          RESPONSIBILITIES OF STAFF


     Accountable to Managing Committee. Day instruction from secretary.

     Directly responsible for maintenance and upkeep of common area garden Over
      all responsibility for security, safety and service equipment. Must, make
       rounds of all common areas, at least twice daily.

     To draw attention of residents/ visitors directly to any infringement of
      association Rules.

     Accountable for effective functioning (including timings and discipline) of all

     Issuing of bills and receipts.

     Handling bank transaction – depositing /withdrawing funds maintaining and
      updating passbooks, cheque -books, etc.,

     Maintaining imprest amount (maximum Rs. 1000/-)

     Timely payments of bills relating to common areas/services-water, electricity,

     Liaison with external agencies-corporation, KEB, etc.,

     Good will and cordial relationships with residents/staff.


     To report to the Manager.

     To be resident full-time, in the villa premises. Working hours.

     Accountable for all aspects of security and safety , including training of
      watchmen, as well as their appearance and conduct.

     Responsible for operation and maintenance of all service equipment –
      generating set lifts, pumps meter room dish antenna, etc.,
      Must make rounds of all common areas, at least four times daily.

      To make periodic/ surprise checks-keep note in register.


Alteration or amendment of the memorandum of association, Rules and regulations
shall be made as per sec.9 & 10 of the KS.R Act, 1960. bye laws may be amended by
the association in a duly constituted meeting for the purpose no amendment shall take
place unless approved by owners representing at least 75% of the total as shown in the
memorandum of association


If the dissolution of the association arises sec.22 and 23 of the K S R Act , 1960 shall
be followed.


Regarding the Amalgamation of the association arises sec.21 of the K S R Act, 1960
shall be followed

For the matters, which have have not been specified, provided to therein above , the
provisions of the KSR Act. 1960 and the Rules made there under shall apply.

36. The working hours of the association will be from ;
Morning; 09.00 A,M To Evening; 07.00 P.M



The Principal officers of the association shall be 07 executive Committee members
including president , secretary , treasurer and 04 E.C Members and all of whom shall be
elected by and for the Managing committee.


The president shall be the chief executive of the association. He/she shall preside as all
meeting of the association and of the managing committee he/she shall have all the
general powers and duties which are usually vested in the office of president of an
association, including but not limited to the power to appoint committee from among
   the owners from time to time as he/she may in his / her discretion decide to be
   appropriate to assist in the conduct of the affairs of the association and in event of a
   split shall have the casting vote.


   a) The president shall preside over the entire meeting.

   b) In case of a tie of the votes in any of the meetings mentioned above, the President
      shall have an additional vote for casting.

   c) The president together with the secretary shall be responsible for the overall
      implementation of the policies laid down by the managing committee.

d) The President shall ensure that the monthly earnings and monthly expenditures of the
Association are maintained at the stipulated level indicated earlier and take suitable action
forthwith, as specified therein



   a) The Secretary together with the President is responsible for the overall
      implementation of the policies laid down by the managing committee
   b) The secretary shall call all meetings of the managing committee and general body
      meeting in consultation with the President.
   c) The secretary shall be the custodian of articles, items both movable and immovable
      belonging to the Association.
   d) The Secretary shall in consultation with the President and with the managing
      committee as and when required shall act as pivot of all activities of the
      Association, including reporting, budgeting allocation of funds making all
      agreements, contracts, appointments, purchased, hiring expenditures of sorts, all
      correspondence between the Association and members who also with outsiders to
      comply with his various duties and responsibilities enumerated above.
   e) The secretary has to be vigilant on income and expenditures of the Association and
      strictly ensure the stipulations regarding economy with suitable actions as specified
   f) The secretary shall be the correspondent of the Association and shall keep, maintain
      and preserve all records of the Association.
   g) The secretary shall have the responsibility to prepare and keep records of the
      minutes of the proceedings of the managing committee and general body meeting in
      a book specially kept for that purpose. Such minutes be authenticated by the
      President/President of the Building.
   h) The Secretary shall have the responsibility to keep the documents, registers and
      records of the Association of the safe custody.
i) The Secretary shall have power to appoint or remove the various staff or servants of
   the Association subject to the approval of the same by the managing committee.

       C) TREASURER:

The treasurer shall be responsible for maintaining and auditing the funds and securities
of the Association. He/she shall also be responsible for keeping proper and accurate
accounts of the bill receipts and disbursements belonging to the Association. He/she
shall be responsible for the deposit of moneys and managing committee may from time
designated other valuable effects in the name and to the credit of the Association in
such depositaries.

             MIMS Espacio Villa, Jakkur, Bangalore

                                                          & SIGNATURE


         Villa F2, MIMS Espacio,                                     sd/-
         Jakkur, Bangalore            40       Professional     President

02.      MEHUL MEHTA
         Villa D-4, MIMS Espacio,                                   sd/-
         Jakkur, Bangalore            35       Professional     Secretary

03.      ANAND K
         Villa D-2, MIMS Espacio,                                   sd/-
         Jakkur, Bangalore           47        Professional     Treasurer

         Villa F3, MIMS Espacio,                                     sd/-
         Jakkur, Bangalore           35        Professional   Vice-President

         Villa C-7, MIMS Espacio,                                  sd/-
         Jakkur, Bangalore           36        Professional      Member

         Villa A-6, MIMS Espacio,                                   sd/-
         Jakkur, Bangalore           39        Professional       Member

         Villa F1, MIMS Espacio,                                   sd/-
         Jakkur, Bangalore          47         Professional       Member


                     MIMS Espacio Villa, Jakkur, Bangalore

                                                          & SIGNATURE


         Villa F2, MIMS Espacio,                                   sd/-
         Jakkur, Bangalore            40       Professional     President

02.      MEHUL MEHTA
         Villa D-4, MIMS Espacio,                                 sd/-
         Jakkur, Bangalore            35       Professional     Secretary

03.      ANAND K
         Villa D-2, MIMS Espacio,                                  sd/-
         Jakkur, Bangalore           47        Professional     Treasurer

         Villa F3, MIMS Espacio,                                   sd/-
         Jakkur, Bangalore           35        Professional   Vice-President

         Villa C-7, MIMS Espacio,                                  sd/-
         Jakkur, Bangalore           36        Professional      Member

         Villa A-6, MIMS Espacio,                                   sd/-
         Jakkur, Bangalore           39        Professional       Member

         Villa F1, MIMS Espacio,                                    sd/-
         Jakkur, Bangalore          47         Professional       Member


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