BYE_LAWS[1] charitha sriyam (1)

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BYE-LAWS OF SANSKRUTI TOWNSHIP FLAT

OWNERS WELFARE ASSOCIATION


CONTENTS
1. NAME OF THE ASSOCIATION .......................................................................... 2

2. LOCATION OF OFFICE ....................................................................................... 2

3. AIMS AND OBJECTS ............................................................................................ 2

4. MEMBERSHIP ........................................................................................................ 2

5. JURISDICTION ...................................................................................................... 3

6. DEFINITIONS ......................................................................................................... 3

7. FUNDS ...................................................................................................................... 4

8. GENERAL BODY ................................................................................................... 4

9. MANAGEMENT ..................................................................................................... 5

10. TERM OF THE EXECUTIVE COMMITTEE .................................................. 5

11. GENERAL BODY MEETING ............................................................................. 5

12. EXECUTIVE COMMITTEE MEETING........................................................... 7

13. POWERS OF EXECUTIVE COMMITTEE ...................................................... 8

14. DUTIES OF THE EXECUTIVE COMMITTEE ............................................... 8

15. SERVICE OF MEMBERS TO BE GRATUITOUS .......................................... 9

16. POWERS OF THE OFFICE BEARERS ............................................................ 9

17. MAINTENANCE CHARGES ............................................................................ 11

18. DUTIES AND OBLIGATIONS OF MEMBERS AND RESIDENTS ............ 11

19. REPAIRS TO FLATS BY FLAT OWNERS .................................................... 12

20. MAINTENANCE AND REPAIRS BY ASSOCIATION ................................. 12

21. USE OF FAMILY UNITS –……………………………………………………12

22. COMMON FACILITIES ........................................ Error! Bookmark not defined.


ASSOCIATION BYE- LAWS
1. NAME OF THE ASSOCIATION

The name of the Association is “Srinivasam Flat Owners Welfare


Association” which shall be formed and registered under A.P. Public Societies
Registration Act, 2001.

2. LOCATION OF OFFICE

The Registered office of the Association is “ Survey No., SrinivasaM, Sriram


Nagar Colony, Serlingampally Mandal, Kondapur, Hyerabad – 500084”.

3. AIMS AND OBJECTIVES

The objectivess of the Srinivasam Flat Owner Welfare Association shall be:

a) To attend, to act as the Association of Flat Owners of the Srinivasam.

b) To create and maintain congenial and healthy environment so that the


residents live in peace by enforcing ethical living norms in the Complex.

c) To provide for the maintenance, repair and replacement of the common areas
and facilities by contributions from the flat owners, and if necessary by taking
loans for the purpose, excluding interior portions of the flat.

d) To invest or deposit monies.

e) To maintain Bore wells and water supply arrangements.

f) Lifting of water supply from sump to OH tank for daily usage purpose &
drinking purpose. To provide security arrangements for protection of the
residents and property in the Complex.

g) To have the possession and to protect and to maintain the joint properties of
the Association like lights, pumps, and common parking places.

h) To frame rules with the approval of the general body meeting of the
Association.

4. MEMBERSHIP

a) All Flats owners in Srinivasam, by virtue of being owners automatically


become the members of the Association and no other person or entity shall be
entitled to member ship. All the Members in the Association, all persons using
and entering upon or acquiring any interest in any unit or the common
elements shall be subject to the provisions and terms set forth in the

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Association documents. Any tenants or employees of the Association /
temporary residents cannot be the members of the Association.

b) Upon any Flat Owner selling his / her flat or Absolutely conveying
the same by way of gift after the stipulated time under his will or otherwise,
the purchaser or Donnie shall automatically have right to become a member of
the Association, by production of such evidence or document to the
Association.

c) On the death of the house owner, upon subsequent transfer to the person or
persons to whom he bequeaths the same by his will or to the legal
representatives of his estate, such person(s) shall have the right to become the
members.

d) Joint Flat Owners: Where two or more persons have purchased a Flat jointly,
they shall together nominate one of the owners as a member to exercise the
right of Vote.

5. JURISDICTION

a) Jurisdiction of Srinivasam Flat owners welfare Association: The jurisdiction


of Srinivasam Flat owners Welfare Association includes Flat 101 to 504 and the
common areas, Landscaped areas, apartment premises like lifts, parking places.

6. DEFINITIONS

In these bye- laws unless the context requires otherwise:

a) Act means Andhra Pradesh Public Societies Registration Act, 2001.


b) AGM means Annual General Body Meeting.
c) Bye- Laws means the Laws enacted by the Association.
d) S..F.O.W.A. means Srinivasam Flat owners Welfare Association consisting of
Flats 101 to 504.
e) Committee means Executive Committee.
f) Default means an act or omission contrary to these bye-laws, non payment of
dues to the Association for a period of ‘3’ months and above or act in a
manner prejudicial to the interest of Association or fail to comply with the
decisions of the General Body meeting or act in a manner contrary to social
accepted norms.
g) Dwelling unit means one Flat either in a floor / Block.
h) Owner means a person(s) in whose name(s) the flat exists.
i) Reconstruction means changing the existing structure of the Flat .
j) Resident means a person residing in the Srinivasam.
k) Maintenance Charges means levied every month on the residents of the
Srinivasam to pay for the services provided by the Association. The Executive
Committee subject to changes as deems these charges appropriate from time to
time.

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l) Tenant means any person other than the Owner who occupies the flat even if
he is Owner of another Flat.

7. FUNDS

a) The main source of funds is the “MAINTENANCE CORPUS FUND” created


with the monthly maintenance charges by every flat owner.

b) The Association can replenish funds from the Flat Owners in the event, the
maintenance fund has gone below Rs. 100000.

c) Not with standing anything contained in these byelaws, the


“MAINTENANCE CORPUS FUND” shall be invested in fixed deposits with
such Nationalized Banks as the Executive Committee may decide and the
interest, which accrues from the said fixed deposits, can be used for
maintenance of the township or reinvested, till the requirement of capital
expenditure arises.

d) Any two committee members one among the President, Secretary or


Treasurer shall operate the account jointly.

e) The expenditure of the principle amount of the MAINTENANCE CORPUS


FUND or any amendment to the purpose of which the maintenance corpus
fund shall be utilized, shall require the approval of the General Body with 2/3rd
majority of the members present.

f) The Treasurer and the President is responsible for over all finance and it is
their duty to ensure that all amounts spent is in accordance with the approved
budget and authorized expenditure is within in their financial powers.

g) Accounts shall be audited annually by internal team of members

h) Financial year commences from 1st April onwards and ends on 31st March of
succeeding year.

i) The funds of the Association shall be spent only to the attainment of the
objects of the Association and no portion of thereof shall be paid or transferred
directly or indirectly to any one of its members through any means.

8. GENERAL BODY

The ultimate authority in all matters relating to the administration of the


Association shall vest in the General Body. The General Body, shall not
however, interfere with the powers of the Executive Committee in respect of
matter delegated to it in the byelaws.

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9. MANAGEMENT

a) The management of the affairs of the Association shall vest in Executive


Committee consisting of i.e. a President, Vice-President, Secretary and
Treasurer besides ‘8’ Resident members.

b) All the members of the Committee of the Association initially by selection shall
be elected by the General Body as and when elections are conducted, who shall be
elected from among the members in the following manner.

10. TERM OF THE EXECUTIVE COMMITTEE

a) The members of the Executive Committee shall hold office for a period of
‘two’ years from the time of assumption of office or until such period the
elections were held and the elected body assumes charges of the management
of the Association whichever is earlier. The elected body also shall hold office
for a period of ‘Two’ years from the date of assuming the charge.

b) Any member of the Executive Committee may at any time resign from his
office by sending a letter of resignation to the President of the Association.
But, such resignation shall take effect only from the date on, which the
Executive Committee accepts it. The Executive Committee may fill up the
vacancies created due to resignations. Their term will also end at the expiry of
the term of the committee.

11. GENERAL BODY MEETING

a) The General Body will meet twice a year. Such Meetings shall be presided
by the President.
b) The Budget for the ensuing year shall be passed and annual report for the
previous year shall be approved at Annual General Body Meeting.
c) The Annual General Body Meeting shall be convened after giving ‘15’days
clear notices of the proposed meeting to be held.
d) The quorum for the Annual General Body Meeting shall be half of the total
strength of flat owners.
e) The President can call an extraordinary General Body Meeting giving ‘7’ days
clear notice. Generally the President will be the Chairman of all meetings.
f) There shall be an agenda communicated for every meeting and the
Association shall maintain the minutes of the meetings which shall be signed
by the President.
g) If there is no quorum, the Chairman may adjourn the meeting for half an hour
and conduct the meeting with any number of members that are present. Such
adjourned meeting can deal with any item of the Agenda excepting the
amendment of the byelaw.
h) The President shall preside at all meetings of the General Body and the
Executive Committee. They shall be allowed to exercise vote as a second
vote whenever there is equality of votes in any issue and in the absence of the
President, a Chairman shall be elected from among those present. The

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Chairman so elected shall also exercise casting vote as a second vote
whenever there is equality of votes. No Executive Committee members
including the President or Vice-President shall be present at a meeting when
a matter in which he is directly or indirectly interested, is being discussed.
i) The Secretary shall be responsible for sending notice of the General Body
meeting to every member, at least two weeks in advance, enclosing the
details of Day, Date, Venue, Timing and agenda of the Meeting. A copy of
budget of previous year and proposals for the current year shall also be
forwarded.
j) Besides the normal / routine General Body Meeting, a special General Body
Meeting can be called for either by the Executive Committee or based on a
written requisition by at least ‘10’ members stating the reasons therein for
such a meeting. The conduct of such meetings will follow the same
procedures of General Body meeting.
k) Each flat owner has one vote. In case of single owner for multiple flats,
hw/shall have votes equal to number of flats owned by him/her. All out
standing issues will be decided by voting as directed by the President.
l) The Secretary shall maintain an up to date list of the members qualified to
vote in the meeting. The list can be supplied to members in a reasonable time
frame at a cost to be fixed by the Association.
m) The order of business at the General Body Meeting will be as follows.

i. Ensure presence of the requisite quorum.


ii. President’s address.
iii. Reading and approval of the minutes of previous general body
meeting.
iv. Reading and approval of Secretary’s report high lighting previous
year’s activities.
v. Reading and approval of previous year’s accounts, financial
statements and budget estimates for ensuing year, appointment of
auditors and internal auditors.
vi. Discussions on agenda points and there after any other points with
permission of Chair.
vii. To pass any resolution either to ratify the actions taken by the
Executive Committee in previous year or to authorize the Managing
Committee to carry out specific work tasks.
viii. Amendments to bye- laws.
ix. Expulsion of members if any to be considered.
x. To discuss points for improvement and development of the
Srinivasm Complex.
xi. To discuss legal and other cases of members functioning against the
interests of the Association.
xii. To pass resolution by majority for implementation of the decisions
taken during the meeting.
xiii. To take decisions on disciplinary / legal action against members
acting in a manner detrimental to the interest of the Association.
xiv. Election of Executive Committee if due.
xv. Vote of thanks.

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r) Voting: (i) Every Flat owner has one vote. For each flat he owns, a simple
majority of the members present will decide any issue. A member with
outstanding dues for more than three months or if found to be in
defaulters list, will forego his right to vote. Voting rights are restored
when his name is removed from the defaulters list.

s) Proxy: A Proxy can attend a meeting with specific authorization from the
concerned Flat owner to attend and to vote and such authorization letter along
with copy of sale deed shall be produced at least one day in advance of such
meeting.

t). Elections

i. All the members of the Executive Committee will be elected by secret


ballet/consensus (in General Body meeting) by the members of the
Township Association.
ii. The elections for the Executive Committee will be held once in ‘2’ years
and will be by secret ballot/consensus. In case number of candidates is
equal to or less than the required members, election may not be required.
In all other cases, elections will be conducted.
iii. The owners to conduct the free and fair elections by secret ballot will form
three members committee. i.e. Election committee.
iv. The Secretary will prepare the list of voters who are regular payment of
maintenance charges. Defaulters are not eligible to vote in elections.
v. Election notification will be given by displaying on Notice Boards and
written communications/email to members well in advance i.e. 15 days to
the addresses updated in the records of the Association.
vi. The Flat owners who have leased out their flat to a tenant shall update their
present addresses for any communication and the society will not accept
any responsibility either for non receipt / delay in receipt of any
communication.

12. EXECUTIVE COMMITTEE MEETING

a) The Executive Committee will meet as often as is possible but not less than
once in a month. The Secretary can call a meeting with prior approval of the
President with ‘7’ days notice. In special circumstances, the President may
however, may convene a meeting of the Executive Committee. The President
shall call for a meeting of the committee with in ‘7’ days after receipt of the
requisition in writing signed by at least by 2/3rd of the members of the
Committee for such a meeting. The Secretary shall maintain record of
complete proceedings of the meeting in the minute’s book. If a member
absents himself continuously for three meetings, he ceases to be a member of
the committee. He can be reinstated only once, if the committee considers his
written explanation satisfactory.

b) Disqualification of member: No person shall be eligible for being chosen as


and for being a member of the committee, if he/she in default to the
Association for a period of ‘3’ months or more in respect of the monthly

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maintenance charges or any other amount that is payable to the Association
besides the following.

i. A paid employee of Association


ii. Has contract interest in the Association
iii. Is involved in litigation against Association.

13. POWERS OF EXECUTIVE COMMITTEE

a) The Executive Committee shall have the powers to appoint the requisite
number of staff and various workers for maintenance of Entire Township.
The committee must draw up service conditions and frame rules of
employment. The Executive Committee has the powers to terminate the
services of their employees.
b) The Executive Committee can enter in to an agreement of contract with
outside agencies in exercise of their duties.
c) The Executive Committee has the right to file court cases to protect the
interest of the Association.
d) The Executive Committee has the powers to spend up to Rs.50,000/- per
transaction for repairs in immediate emergencies.
e) The Executive Committee has powers to decide and collect the maintenance
charges.
f) The Executive Committee has powers to disconnect the Power / Water
supply to defaulters who have not paid the maintenance charges.
g) The Executive Committee has powers to remove any encroachment inside
the Township premises.
h) The Executive Committee is empowered to impose fine up to Rs.500/-for
each act of omission or non- compliance of laws that result in conflict, cause
disturbance to peace, throwing garbage in common areas, nuisance by pets,
causing damage to Association’s property and so on.

14. DUTIES OF THE EXECUTIVE COMMITTEE

a) The Committee is responsible for running an office for maintenance of


records, accounts, correspondence and all day-to-day administration.
b) The main duty of the committee is maintenance of supply of water, un-
interrupted supply of electricity; ensure security, maintenance of roads,
children parks, landscaping, street lights, garbage disposal and cleanliness of
sewerage lines and common facilities.
c) Timely collection of maintenance charges and other duties.
d) Optimum utilization of funds and to ensure all expenditure is strictly in
accordance with the decisions taken by the General Body.
e) Maintenance of Accounts and periodical audits.
f) Organize entertainment and recreation activities like site seeing with in the
country and abroad.

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15. SERVICE OF MEMBERS TO BE GRATUITOUS

The service of the members of the Executive Committee shall be gratuitous.

16. POWERS OF THE OFFICE BEARERS

Subject to such resolutions as the committee may, from time to time, pass in
this behalf, the several officers of the committee shall have the powers
mentioned below.

President

The president shall exercise general control and supervision over the affairs of
the Association and the work of its officers. He shall with the approval of the
Committee make arrangements for the safe custody of cash and other
properties of the Association and frame suitable byelaws for this purpose.
Subject to the approval of the committee, he shall also have power to appoint
the employees of the establishment as well as remove them and also preside
over the General Body, the committee and other sub-committee.

The president shall exercise the powers delegated to him by the committee,
and may, subject to the approval of the committee, delegate any of his power
and duties to any of the committee member for a specified period and may
withdraw any power so delegated.

Secretary

a. He is the main administrative / executive officer of the Association. He is


the custodian of all records, documents, files and correspondence of the
Association.
b. He undertakes all correspondences on behalf of the Association. He is
responsible for recording the proceedings, minutes of all meetings of both
General Body and the Executive Committee.
c. In the case of the General Body Meetings, he ensures that the minutes of
these meetings are correctly dispatched / posted to out station members.
d. He is responsible for convening various meetings, ensuring adequate
notice period, and issuing the approved agenda to members.
e. He will prepare reports of all relevant activities of the Association for the
information of the General Body.
f. He will assist the Treasurer in the preparation of financial statements,
along with audit reports, which are to be presented at the General Body
Meetings.
g. He is responsible for all aspects concerning the overall security and the
maintenance of good order in the Township.
h. He will be the coordinating officer between the various office bearers of
the Association.

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i. He is the PRO of the Association and shall be representative with out side
agencies when the president has nominated no other member for the
purpose.
j. The overall development, proper upkeep and general maintenance
of the township will be his responsibility.
k. He is required to oversee proper working and performance of duties by the
staff and other employees of the Association.
l. He is responsible for close and continuous liaison and coordination with
concerned departments.
m. The Secretary shall be the officer to sue or to be sued on behalf of the
Association and shall have the powers to appoint advocates, sign
appropriate legal or written documents and give sworn affidavits with the
approval of Executive Committee.
n. Implement decisions of the Executive Committee and General Body.

Treasurer

a) He shall be responsible for all financial aspects of the Association. He will


maintain proper accounts of income and expenditure. Every transaction will
have proper voucher / receipt authenticated by the treasurer.
b) He shall be responsible for disbursing salaries to the employees and control
expenditure as sanctioned by General Body, Executive Committee, Secretary
or the President.
c) He is responsible for getting accounts audited and for preparation of annual
financial statements after audit.

d) He is responsible for safe custody of all financial documents like Cheque


Books, Pass Books, FDRs, Account Books, Journals, Bank Accounts, Bank
Statements, financial agreements etc., He will also produce defaulters list at
the end of each month.

e)Executive Committee Members

Members will carry out duties as assigned by the President / Secretary. They
are also responsible for implementation of byelaws by all the residents of the
Township and report breach of rules or conduct to the office.

Financial Powers

a) The president and the Secretary has powers to sanction an expenditure up to


Rs.10,000/- and Rs.15,000/- respectively for one transaction to meet urgent
repairs / emergency remedial measures such as break down of water supply,
electricity, sewerage system etc., in the Township. Such expenditure

b) The Executive Committee has powers to sanction up to Rs.50, 000/- for any
one transaction.
c) The Treasurer/Secretary may retain up to Rs.2, 000/- in cash for petty
expenses.
d) Payments shall be made only on supporting documents like vouchers.

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17. MAINTENANCE CHARGES

a) All Flat owners are obliged to pay monthly maintenance charges before 5th of
every month in advance to meet all expenses relating to the “ Srinivasm Flat
owners Welfare Association”.
b) Maintenance charges shall include monthly payments to a general operating
reserve and reserve fund for replacements.
c) Should a member fail to pay the monthly maintenance charges to the
Association as fixed by the General Body even after extended period, then the
Association can disconnect the access of all the amenities such as Power,
Water, Gas etc., till such members pays all the outstanding dues along with
the interest @ 12%PA or at the rate as fixed by the Association from time to
time.

18. DUTIES AND OBLIGATIONS OF MEMBERS AND RESIDENTS

a) Every member / resident shall pay maintenance charges as approved by the


Executive Committee for the services provided in the colony. The amount
can be paid on monthly basis or on yearly basis in advance. Owners of vacant
flats are not exempted from paying maintenance charges.
b) Members letting out their flats are responsible to ensure that their tenants pay
maintenance charges and do not ‘carry out any commercial activities in the
township or act in any manner detrimental to the interest of the township’.
c) Members / residents under no circumstances shall occupy or use open spaces
in the township, roads and pavements for private purpose such as private
parties / receptions or religious ceremonies and erection of shamianas in
these area is banned.
d) Residents / members shall refrain from causing irritation and inconvenience
to their neighbors by loud music, parties, bursting crackers and so on
f).Residents / Members must ensure that all garbage / refuse is properly packed
and kept readily available for collection by the conservancy staff of the
Association. The concerned staff may not collect garbage if it is not in proper
packs / bags and the conservancy staff may move to next flat if garbage is not
made available when on his round.
g).Members / residents must not release their pet dogs loose out side their flats.
Dogs must be taken out on a tight leash and must be positively restrained from
defecating green carpets of landscaped gardens, or on the roads or on the narrow
berms of the township
h).Cars shall be parked in parking places allotted to a particular flat. The host is
responsible to ensure that his guests park their vehicles correctly and does not
cause inconvenience to the other residents. No vehicle should be parked in the
driveway under any circumstances.
j).Residents are responsible for the conduct of their servants in side the premises.
l).Members / residents must cooperate to maintain landscape gardens and
neatness in the entire premises.

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19. REPAIRS TO FLATS BY FLAT OWNERS

a) Owners / Residents are expected to carry out repairs to their flats for
all round safety and it should not be inconvenient to others.
b) Owners / Residents carrying out such repairs or any work which entails in use
of cement, Bricks, Gravel, construction material and the like shall deposit a
sum of Rs.2500/- (The amount may be decided by the Executive Committee
from time to time) with the Treasurer. It is the responsibility of the concerned
Owner / Residents to ensure road, Path or Common area is not damaged. The
Association will utilize the deposits to clean up / repairs the area if required.
Over and above if the Association is spent will be collected from the said
owners/residents.
c) All the repairs of internal installations of the units such as water lines, Gas,
Power, Sewage, Telephone, Air conditioners, Sanitary installations, Doors,
Windows, Lamps and all other accessories belonging to the unit area shall be
at the cost of the flat owner concerned and shall be the responsibility of the
flat owner.
d) An owner shall reimburse the Association for any expenditure incurred in
repairing or replacing any common areas and facility damaged through his
fault.

20. MAINTENANCE AND REPAIRS BY ASSOCIATION

a) Common areas maintenance and amenities by the Association out of the


funds collected from the members by way of maintenance charges.
b) The Association shall have full powers to discontinue the access to amenities
to the members who default on payment of maintenance charges till such
outstanding amount is paid by the member.
c) Common areas maintenance will include maintaining the roads, landscaping,
water pumping, cleaning of common areas in the flat including staircase
lights and open common area maintenance etc., falling with in the
jurisdiction of the Association.

21. USE OF FAMILY UNITS

a) All units shall be utilized for residential purpose only.


b) All members has toobtain No due from association before selling the flat.
c) Every Flat owner, present or future, his representative and every tenant or
resident of the township shall abide by the terms of the agreement entered in
to by flat owners with regards to the use of the common facilities in the
township and rules and regulations specified in the occupier’s handbook.

SECRETARY

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Certified to be a corrected copy

Age
S.No. Name of the Office Bearer in Designation Address Occupation Signature
Years

1 T.V.Rao 54 President Flat 402/403 service

2 Vasudeva Reddy 30 Secretary Flat 204 Service

3 Treasurer

Witnesses:

Age
Occupati
S.No. Name of the Office Bearer in Residential Address Signature
Years
on

SECRETARY

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