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BYE LAWS OF _____________________________FLAT OWNERS MAINTENANCE MUTUAL AIDED

COOPERATIVE SOCIETY LTD., UNDER MACS ACT, 1995.

1) NAME, CONSTITUTION & ADDRESS:

a) The ________________________________ Flat Owners Maintenance Mutually Aided

Cooperative Society Ltd., is registered as a Cooperative Society under the
Telangana Mutually Aided Cooperative Societies Act 1995. Its address shall be
__________________________, Hyderabad – 500 0
b) Its area of operation shall be confined to the flats situated at ____________________
c) All present and future owners of the residential units within in the building
complex of _______________________ are its members and bound by this bye-laws.

2) DEFINITIONS:

a) Act means the Telangana Mutually Aided Cooperative Societies Act 1995
b) Society means the _______________________Flat Owners Maintenance Mutual
Aided Cooperative Society Ltd. Constituted by the owners for the purpose of
smooth maintenance of ____________________ Residency residential complex.
c) Committee means the Executive Committee which shall comprise of members
for the present all of whom must be owners of Flats in the said building
complex.
d) Building means the building located at ___________________________________________ and
known as the _________________ Flat Owners Maintenance Mutual Aided Cooperative
Society Ltd and includes the land forming part thereof.
e) Member means the flat owners and their legal heirs owning flat in the ,
______________________Residency residential complex.
f) "Section" means a section of the TMACS Act 1995.
g) "Unit" means a family unit in the " , ________________” complex.
h) "Registrar" means the Registrar of Cooperative Societies, Telangana State,
Hyderabad.

3) OBJECTS OF THE SOCIETY:

The objects of the society shall be:

a) To be and to act as the Society of Apartments owners of the building called,
______________________________ (Hereafter called the "said building").

b) To provide for the maintenance, repairs and replacement of the common area
and Facilities by contributions from the apartment owners/tenants.

c) To administer the affairs of the complex and enforce a disciplined living to the
Convenience of all residents.

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d) To follow the cooperative principles and provisions provided in the TMACS

Act.1995.

e) To frame the rules with the approval of general body and do all things necessary
for the welfare of the residents and/or expedient for attainment of the objects of
entitled on these bye-laws.

f) Enter in to arrangements with any authorities such as Municipal, local bodies, etc.
and to obtain any advantage for the members of the society..

g) To maintain water supply arrangements.

h) To provide for the maintenance, repair and replacement of common areas and
facilities by contributions from members.

i) To provide security arrangements for protection of the residents in the building.

j) To have possession and to protect and maintain the common properties of the
society like lights, pumps, Generator and common parking place etc.

4) MEMBERS OF THE SOCIETY:

i) All persons who have purchased the flats constructed thereon called
___________________________ Apartment shall be eligible for membership of the Society on
payment of admission fee Share Capital. A flat owner is defined as the person in whose
name the flat has been registered/agreement entered into.

ii) Upon any apartment owner selling his apartment or absolutely conveying the
same by way of gift under his/her will or otherwise, the purchaser or donee shall become
member of the society subject to payment of entrance fees of Rs.100/- (Rupees hundred
only).

5) JOINT APARTMENT OWNERS:

Where an apartment has been purchased by two or more persons jointly shall be
jointly entitled to be owners of the apartment and the shares of the society shall be issued
in name person whose name stands first in the sale deed shall alone have the right to vote
and contest.

6) HOLDING OF SHARES:
Every Flat owner must hold atleast three shares of Rs.300/- (Rupees Three
Hundred only) face value. But his/her total share holdings should not exceed one tenth of
authorized share capital.

7) AUTHORISED SHARE CAPITAL:

The authorized share capital shall be Rs______________/- made up of 1 shares of
Rs._______- (____________only) each.

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8) DISQUALIFICATION:
No Flat owner shall be entitled to vote to elect the members of the Executive
committee or be entitled to stand for election to such office, if he/she is in arrears of any
sum due from him in respect of his contributions for common expenses, for more than
sixty days on the last day of the year preceding the year in which the elections to the board
would take place.

9) SHARE CERTIFICATES:
The society shall issue share certificate duly signed by the President and the
Secretary of the society to every member for the shares taken by him/her after completely
paid to the society, the full value of such shares. If the share certificate is lost or destroyed,
a duplicate may be issued after giving such publicity of the facts as may be considered
necessary by the board of directors. If any certificate is worn out or damaged, the board
may order the same to be cancelled and issue a duplicate certificate in lieu thereof on
surrendering such worn out or damaged certificate. A fee of Rs.10/- (Rupees ten only)
shall be collected for every duplicate certificate issued under these bye-laws.

10) WITHDRAWAL OF SHARES OR MEMBERSHIP:

No member shall be permitted to withdraw any of the shares held by him in the
society or to resign membership of the society.

11) LIABILITY OF THE PAST MEMBER AND HIS ESTATE:

A past member shall be liable as provided in bye-laws for the debts due to the
society, as they exit on the date when he ceased to be a member.

12) VOTING:

Voting shall be on a percentage basis i.e one member one vote. Every member has
to caste his/her vote in person and no proxy is permitted.

13) POWERS & DUTIES OF THE SOCIETY:

The Society will have the responsibility of administering the building complex,
collect maintenance charges with meticulousness in spending them for common benefit in
the judicious manner, take positive measures against defaulting members and arrange for
management of the complex in an efficient manner.

14) MEETING OF THE EXECUTIVE COMMITTEE:

a) The executive committee shall meet at least once in a month or often for the
conduct of the affairs of the Society.
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b) In case of urgency, where there may not be sufficient time to conduct a meeting of
executive committee and in all cases in which such proceedings may from time to time be
prescribed by the executive committee by circulation of papers among the members of the
executive committee for notification.

15) DISQUALIFICATION OF THE MEMBERS OF THE BOARD:

No person shall be eligible for being chosen as and for being a member of the
executive committee of the society, if he has acquired or continue to have any of the
disqualifications prescribed under the provisions of the Act under section 21 and bye-laws
if he is dues to the society, any amounts for period exceeding 60 days.

16) CESSATION OF THE MEMBERSHIP OF THE COMMITTEE AND REINSTATEMENT:

The fact shall be intimated to the member concerned and it shall be reported by the
Secretary at the next meeting of executive committee with the reply received from the
member. It shall be open to Executive Committee to reinstate such a member and
provided that he shall not be reinstated more than once during the term of the executive
committee.

17) MEETING:

Board of directors meetings of the society shall be held in the complex or at the
venue convenient to the owners as may change from time to time, as notified by the
society.

18) ANNUAL MEETING:

The Annual Meeting of the Society to be called Annual General Body Meeting is to be
held preferably before October every year in any month convenient to all the members,
the decision vested with the Executive Committee the quorum of such meeting is two third
of total members.

19) SPECIAL MEETING:

It shall be the duty of the President/Secretary to call for the special meeting as
directed by the Executive Committee or upon a petition signed by a majority of the
members (Flat owners) having been presented to the Secretary, or at the request of the
competent authority appointed under the TMACS Act. The notice of any special meeting
shall state the date, time and place of such meeting and purpose thereof. No other business
shall be transacted at the special meeting except as stated in the notice. It shall be the duty
of the President/Secretary to mail/SMS or send the notice of the special meeting. Special
meeting will be conducted within 30 days from the date of receipt of requisition.
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20) NOTICE OF MEETING:

It shall be the duty of Secretary to mail/SMS or give wide publicity in the area of
operation and send a notice to each member stating the agenda thereof as well as the date,
time and place of such meeting at least 10 days prior to such meetings.

The Secretary shall with the prior approval of the President call for a meeting of the
executive committee at least 7 days before the meeting in the case of ordinary board
meeting and 3 days in the case of urgent Executive Committee meeting. The Notice issued
by the Secretary should contain the agenda, place, date and time.

21) QUORUM:
The quorum shall be two third majority of the total members on the rolls of the
society for the Annual General Body meeting and for Executives Committee meeting
quorum shall be two third of majority of the size of the executive committee.

22) ADJOURNED MEETINGS:

If any General body Meeting cannot be organized because quorum has not attended,
the meeting may be adjourned to a time not less than half an hour. If at such adjournment
meeting also, no quorum is present, the owners/members present being not less than
three shall form the quorum.

23) MANAGEMENT:

Subject to such resolutions as the General Body from time to time pass, the
Executive management of the affairs of the society shall vest in Executive Committee which
shall consist of 8 members who shall be elected from among the members.

24) TERM OF THE EXECUTIVE COMMITTEE:

i) The members of the executive committee shall be elected by the general body in
accordance with the provisions of the Telangana Mutually Aided Cooperative
Societies Act as mentioned from time to time.
ii) The term of the members of the executive committee shall be for a period of two
years.
iii) For the period of office of the executive committee the year shall begin with the
date on which charge is assumed after election.
iv) The members of the Managing Committee Members shall be elected at once and
the maximum time for the period of two years.
v) Any casual or interim vacancy or vacancies shall be filled by co-option by the
remaining members of the executive committee at a meeting. The members of
the board co-opted in any casual office shall vacate office on the day on which
the term of the office of the executive committee expires.

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vi) It shall be open to the general body to remove any member at any time and elect
another member in his place and member so elected will hold office only for the
unexpired period of the original term of the committee.
vii) The proceedings of the executive committee shall not be invalidated on account
of any vacancy or vacancies in the board which remain unfilled.
viii) Any member of the board of directors may at any time resign from his office by
sending a letter of resignation to the president and such resignation shall take
effect only from the date on which is accepted by the executive committee.

25) MANAGEMENT OF SOCIETY:

The affairs of the Society shall be governed by the Executive Committee, who will be
the sole executor of implementation of all decisions and running of day to day affairs.

26) POWERS AND DUTIES OF THE EXECUTIVE COMMITTEE:

Without prejudice to the general powers conferred by these bye-laws, the following
powers shall be exercised by the executive committee.
a) To pay the preliminary expenses incurred in the object of the society.
b) To raise such sums of money as may be required from time to time for carrying out
the objects of the society.
c) To enter in to contracts on behalf of the society, set the terms thereof and to
authorise an office bearer to execute all deeds, agreements and to issue receipts in
connection with the maintenance of the society.
d) To institute, conduct, defend, compound or compromise any legal proceedings by or
against the society.
e) To make arrangements for the maintenance of accounts and registers as prescribed
by the Telangana Mutually Aided Cooperative Societies Act 1995 and by the
Registrar from time to time.
f) The committee shall have the power to implement the provisions of these bye-laws
and administer affairs of the Society.
ii) Other duties:
a) To take care, upkeep and surveillance of the Sita Saphire Apartment and its
common areas and facilities.
b) Approving the annual budget, Collection of maintenance changes on monthly
basis without fear or favour within stipulated time limit and arranging for the
management of the society in an efficient manner.
c) To appoint/ terminate watchman, office manager and employees as may be
necessary from time to time and to run the affairs of the complex. A person who
is appointed as watchman or in any other cadre of the complex is not entitled
to work for any individual flat owner either partially or fully, unless the
work is vested on common interest of the flat owners. His appointment or
suspension from the service is liable to terminate on the approval of majority of
the flat owners.
d) To prepare and get the accounts audited on annual basis.
e) To take all steps to recover dues of the society from members.
f) To hear and deal with complaints.
g) To decide and represent the society in legal suite or in dealing with outside
authorities.

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27) VACANCIES:
Vacancies in the Executive Committee, by any reason other than removal, shall be
filled in by co-option.

28) REMOVAL:
At any regular or special meeting duly summoned by President or Secretary
through president. The removal of an executive member can be approved by quorum of
members of the Executive committee present and voted.

29) SIZE AND TERM OF BOARD:

The members of the Executive Committee shall comprise of 9 office bearers,
a) President -1
b) Vice President - 1
c) Secretary – 1
d) Treasurer – 1
e) M.C. Member- 5

The term of the members of the Executive Committee, including office bearers will
be for Three years. Every year Three Office Bearers will retire, the retiring office bearers
are eligible for re-election.

30) DUTIES OF OFFICE BEARERS & COMMITTEE MEMBERS:

A. POWERS OF PRESIDENT

The President shall have overall supervision and control over the affairs of the
Society. The President shall preside all the Board and General Body meetings. The
President shall be of the signatories on all legal documents executed by the Society.

B. POWERS OF VICE PRESIDENT

The Vice-President shall discharge the duties, perform the functions and exercise
the powers of the President during the vacancy in the office of the President, or in the
absence of the President for more than one month. Sign on behalf of the Society and carry
out its correspondence.

C. POWERS OF SECRETARY:

The secretary shall be responsible for the administration of the society, subject to
the control of the president he/she shall exercise such powers as may be delegated to him
from time to time by executive committee.
He shall also have powers:
a) To operate the accounts of the society within the limits prescribed by the Board.
b) To carry on the correspondence of the society and to maintain the books of
accounts and registers and to arrange their safe custody.
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c) To conduct the business of the society with reference to the subsidiary regulations.
d) To incur expenditure on contingencies with the budget allotment and within the
limits prescribed by executive committee in respect of each item.
e) To issue, on authorisation by the executive committee, receipts for all moneys paid
in to the society, provided however that all borrowing receipts and the bonds etc.
executed on behalf of the society shall be signed by its secretary and two other
members of the executive committee of whom the President shall be one.
f) To prepare all vouchers, receipts, balance sheets and other documents or
statements required for the transaction of business of the society.
g) To sue or to be sued on behalf of society.
h) The secretary shall be the Chief Executive officer of the society. He shall have the
charge of books and records of society and he shall in general, perform all the duties
cast on the
i) society through these bye-laws. He shall be responsible for coordinating the
activities among all the members of the committee, enforce the provisions of the
bye-laws and take all necessary steps to uphold the spirit of the society for which it
has been formed.
j) He shall issue notices for annual meetings as well as the periodical meeting of the
executive committee. He shall take care of timely collection of maintenance
charges/ dues from the members and also keep full and accurate accounts of all
receipts and payments.

D. POWERS OF TREASURER:
a) operate the accounts of the Society with banks and other institutions, endorse,
sign, encash cheques; and endorse transfer, negotiate promissory notes,
securities and other instruments on behalf of the Society, along with such officers
as the Board may resolve;
b) Furnish the Board with periodical information necessary for appraisal of
operations and assist the Board in formulation of policies and in planning;
c) Be a member on all committees constituted by the Board except on committees
where his/ her personal matters are involved;

31) GENERAL BODY:

The ultimate authority in all matters relating to the administration of the society
shall vest in general body of the members who will meet from time to time and at least
once in a year to conduct the business of society. The general body shall not however
interfere in the exercise of the powers of the executive committee conferred on them by
the Bye-laws. The following among other matters shall be dealt with by the general body.
1) The election and removal of the members of executive committee and
appointment of Election Officer.
2) The approval of annual budget of income and expenditure.
3) Appointment of Auditor.
4) The annual report due to the Registrar of Co-operative societies.
5) The amendments to the bye-laws.
6) The expulsion of member.
7) The consideration of any complaint with any individual member may prefer
against the executive committee.
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8) The submission and preparation of annual returns as prescribed by the

Registrar and provisions of TMACS Act.1995
9) Nominate delegate(s) to the Telangana State Co-operative Union or any such
organisation.

32) GENERAL BODY MEETING:

a. The executive committee may at any time call for general body meeting for the
conduct of the business but such meeting shall be held at least once in a co-
operative year/financial year.
b. The general body meeting shall consist of all the members of the society.
c. A notice of the meeting of the general body shall be issued specifying time, place
and date of the meeting at least 20 clear days in advance. Such notice shall be sent
to the members either by local delivery or by mail or by SMS.
d. The proceedings of the general body, executive committee shall be recorded in the
minute`s book of society as per the instructions issued by the Registrar from time
to time.
e. The executive committee shall maintain list of members on the rolls of the society
who are qualified to vote at general body meeting and shall bring such list up to
date 3 days prior to the date fixed for such meeting of the general body. It shall be
duty of the secretary to supply copies of such list to such of the members as may
desire to have them on payment of such fees as may be prescribed by the executive
committee in this behalf. The society shall not submit members or transfer shares
within thirty days prior to the date fixed for any general body meeting.

33) DUTIES/OBLIGATIONS OF THE FLAT OWNERS/MEMBERS;

All flat owners are obliged to pay monthly maintenance charges as may be fixed by
the Executive committee from time to time for meeting all expenses relating to the
______________ Apartments Residents. It is the bounded duty of the owners to ensure the
maintenance charges are paid on time on or before 5th of every month, failing which the
Executive committee is authorized to levy, penalty as they deem it fit or take any other
punitive measures depending on merits of each case.

34) MAINTANENCE& REPAIRS:

a) Every Flat owner must perform promptly all maintenance and repair
work with in his own unit which if omitted would affect the ______________ Residents
entirely or in part. In case of failure to do so, the owner concerned shall expressly
liable for the damages and liabilities that his failure to do so may endanger.
b) All the repairs of the internal installations of the unit such as water, light, gas, power,
sewage, telephone, air-conditioner, sanitary fittings, doors and windows and walls
all other accessories relating to the unit areas shall be at the expenses of the flat
owner concerned.
c) An owner shall reimburse the society for any expenditure incurred in repairing or
replacing any common area of facilities damaged through his fault.
d) An owner shall not make any structural modification/ alterations in his unit or
installations located there in without taking prior approval from the society in
writing. The Society shall have the obligation to answer within 30days and failure to
do so within the stipulated time shall mean that it is not objectionable for the Society
to the proposed modification/installation.
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e) Even the flat is vacant/unoccupied maintenance has to be paid by the owners.

35) USE OF FAMILY UNITS AND CODE OF CONDUCT:

a) All units in the said complex shall be utilised for residential purpose only.
Any unilateral violation by any flat owner call for stringent action from the Society
which may include eviction, cutting essential supplies and other steps that the
committee may deem fit.
b) Representation of any grievance by the apartment member shall be done through
proper channel or proper way. It shall be bounded duty of every family
unit/member not to disturb the peace and tranquillity of the respective family
units of the office bearers & members of the committee, while representing their
grievances. All the representations/grievances should be communicated through
office of the society and its manager in a most dignified and courteous manner.
c) No resident shall post any advertisement or poster of any kind or display
hoarding or painting anywhere on the wall without explicit permission from the
Society.
d) Residents shall exercise extreme care about making noises or the use of musical
instruments, radios, TV's, and amplifiers that may disturb others.
e) Residents keeping domestic animals like pet dogs shall abide by Municipal
Sanitary bye-laws/regulations.
f) It is strictly prohibited to hang garments, carpets, rugs etc., in common balconies
or from any of the facades of the building complex and no flat owners are
supposed to misuse the cellar by hanging washed clothes for drying purposes
and entire space of the cellar should be kept without any obstructions so as to
keep the same exclusively as parking place to avoid inconvenience to the other
residents.
g) It is strictly prohibited to throw or keep garbage/dust bins etc. in the common
corridors or common areas except when garbage remover comes for pickup.
h) No member is allowed to have discussions/chit chat in the corridors/staircase to
avoid inconvenience to others.
i) Except rain water, normal cleaning water is not allowed in the balconies. This
will cause inconvenience to others.
j) The parking space (cars/ Vehicle parking) shall not be used for any other
purpose except for parking of vehicles of flat occupants of Eternal Songs of Earth
Apartments and should not be let out to any person such as relatives, friends etc.
There should not be any deviation in this regard and this shall be followed
strictly by all the flat owners without any further discussions. The parking space
around the building shall not be used for any other purpose without the prior
permission of the Managing Committee. A nominal fee as decided by the
Managing Committee shall be charged for a specific period in the
lawn/open/common spaces as per the decision taken by the Managing
Committee from time to time.

36) USE OF COMMON AREAS & FACILITIES:

a) An owner shall not place or cause to replace in the lobbies/corridors or

resituates, staircase, elevators and other areas of ___________________________ and facilities of a
similar nature both common and restricted any furniture, packages or objectives of any
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kind, such areas shall be used for no other purpose than the normal transit through them,
exception is being chappal/shoe stand.
b) The roof top is totally a restricted common area which normally should not be
used by any family unit/resident unless and with prior permission from the society for
authorized purpose.

37) FUNDS AND ITS INVESTMENT

Funds may be raised by the Association in all or any of the following ways namely
a) By shares.
b) By monthly maintenance charges.
c) By contributions/corpus/donations from the apartment owners.
d) By lump sum advance maintenance charges by the apartment owner(s).
e) Common profits which shall form the nucleolus of the reserve fund.

37) INVESTMENTS:
The society may invest or deposit its funds in a state co-operative bank/ any one of
the nationalized banks/scheduled banks as may be decided by Managing Committee

38) AFFLIATION:
Should there be any federation of the apartment owners in the locality in which the
___________ Residents is situated, the society may become a member thereof and pay the sum
from time to time payable to such federation under the rules thereof.

39) ACCOUNTS AND RECORDS.

a. A bank account shall be opened and operated jointly by both the President /Secretary
and Treasurer which all the money received on behalf of the society shall be
deposited.

b. The society shall keep and maintain all the records of accounts and documents
referred to under section 26 of the Act.
c. The accounting year (financial year) of the society shall be from the first April to the
end of March of the succeeding year.
d. The society shall on or before 31st March in each year publish an audited annual
financial statement in respect of

a) The profit & Loss account;

b) The receipts and expenditure of the previous financial year and:
c) A summary of the property and assets and liabilities of the common areas and
Facilities of the society giving such particulars as well disclose the general nature of these
liabilities and assets and how the value fixed assets has been arrived at.

e. The audited financial statement shall be open to the inspection of any member of the
society during office hours and in the office of the society and a copy thereof shall be

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submitted to the competent authority within 30 days of the conduct of annual general
body meeting along with the annual returns as mentioned in section 34 of the Act.
f. Every financial statement shall be accompanied by a complete list of the Flat owners.
The financial statement must state up to what date profits and expenses of common
areas are included.

40) PUBLICATION OF ACCOUNTS AND REPORTS:

A copy of the last financial statement and report of the auditor, if any, shall be kept
in conspicuous place in the office of the society.
41) ALLOCATION OF SURPLUS FUND.

The society may allocate the surplus earned every year as mentioned below.

1. 10 % to deficit cover fund.

2. 10 % to bad and doubtful debits.
3. 30% to Reserve fund.
4. 30% to be distributed to the members on the share capital of prorate based
5. 20% to Welfare Fund

42) APPOINTMENT OF AUDITOR:

The society shall appoint at its general body meeting an auditor who shall audit the
accounts of the society to be prepared by the Board as herein before provided and shall
examine the annual returns and verify the same with the accounts relating thereto and
shall either sign the same as found by him to be correct duly vouched and in accordance
with law or specially report the society in what respect he finds it incorrect, unvouchered
or not in accordance with law.

43) COMPLIANCE:
These bye-laws are set forth to comply with the requirement of TMACS Act 1995. In
case any of these by-laws conflict with the provisions of the said Act, it is hereby agreed
and accepted that the provision of the Act will apply.

44) AMENDMENT OF BYE-LAWS:

These bye-laws may be amended by the society in a duly constituted meeting for
such purpose and no amendment shall take effect unless approved by owners representing
at least 2/3 of the total number of members of the Society and the amendments shall be
made in accordance with the provisions of section 10 of TMACSAct.1995.

45) SETTLEMENT OF DISPUTES:

a) Among members, past members or a person claiming through members and
deceased members or
b) The society, its board, Directors, Office bearer or liquidator, past or present or

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c) Between the society or its Board any past Board, any Director, Office bearer or any
past director, past office bearer or the nominee, heir or legal representative of any
deceased Director or deceased office bearer of the society.
Such disputes should be referred to an elder`s council and its decision shall be binding
on the disputing parties, except where one of the parties feel aggrieved by the process used
by the elders council to settle disputes. The elder`s council consisting of three members,
appointed by general body meeting from among its members or others whose term of
office is say one year. The members of council should be those who are members of the
society and who are not below 55 years of age.

Further, the person nominated to elders council:

a) Should not have stood for the elections to the board in previous five years.
b) Once a person served on the elder`s council he will not be eligible to be the director
again
c) No canvassing will be permitted for membership of elder`s council
d) A member nominated by the board for being considered to be a member of the
elder`s council should at no time during his membership in the society have lost his
right to vote
e) The general body will have the right to reject any or all of the names suggested by
the body

46) TRANSISTORY BYE-LAWS:

The Chief promoter and promoter shall officiate as the Executive Members by way
of resolution by the promoters until the first elections are conducted to the society for
constituting the elected body of the members within 60 days from the date of registration
of the society and the elected Executive Body will assume charge.

Proposed Bye-Laws are approved in the General Body meeting of ______________________

Owners Maintenance Mutual Aided Cooperative Society Ltd , held on of ___20__

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