FOR DRAFT PURPOSE ONLY RGL DREAM BUNGALOW OWNERS WELFARE ASSOCIATION (Phase 1,2,4& 5) PROPERTY SITUATED AT: Cauvery Street, Lakshmi Nagar Mugalivakkam, Chennai 600 125.
MEMORANDOM OF UNDERSTANDING
BY-LAWS, RULES AND REGULATIONS OF THE ASSOCIATION
CONTENTS
Memorandum of Association 1.
The Name of the Association
---Page 3
2.
Location of registered Office
---Page 3
3.
Business Hours of the Association
---Page 3
4.
Jurisdiction
---Page 3
5.
Aims & Objectives of the Association
---Page 4
By-laws, Rules and regulations 1.
Preliminary
---Page 7
2.
Definitions
---Page 8
3.
Objects of the Association
---Page 11
4.
Person authorized to sue / to be sued
---Page 11
5.
Membership, Enrolment and Charges
---Page 11
6.
Responsibilities of Members
---Page 17
7.
Restrictions imposed on members
---Page 19
8.
Rights of members
---Page 17
9.
Code of Conduct
---Page 18
10. Management of the affairs of the Association
---Page 19
11. Office Bearers of the Management Committee
---Page 20
12. Powers and responsibilities of the Management Committee
---Page 21
13. Meetings of the management Committee
---Page 26
14. General Body Meeting
---Page 26
15. Extraordinary / Special general meetings
---Page 27
16. Bank Account
---Page 29
17. Cheque signing powers
---Page 29
18. Filing with Registrar
---Page 29
19. The Audit of Accounts
---Page 29
20. Disqualification
---Page 30
21. Amendments to By-laws
---Page 30
22. Election / Nomination
---Page 31
23. Insurance
---Page 31
24. Dissolution
---Page 31
25. Annexure I,I,III
MEMORANDUM OF ASSOCIATION (Registered under Tamil Nadu Societies Registration Act 1975) REGISTRATION NO. ___________________
1.
THE NAME OF THE ASSOCIATION
The Name of Society is RGL Dream Bungalow Owners Welfare Association consists of Phase 1,2,4& 5
2.
LOCATION OF THE REGISTERED OFFICE OF THE ASSOCIATION “RGL Dream Bungalow” situated at Cauvery Street, Lakshmi Nagar, Mugalivakkam, Chennai 600 125.
3.
BUSINESS HOURS OF THE ASSOCIATION: Association office will function between 9.00 a.m. and 5.00 p.m.
4.
DATE OF FORMATION OF THE ASSOCIATION -------------
5.
SCHEDULE PROPERTY: “RGL Dream Bungalow” situated at Cauvery Street, Lakshmi Nagar,Mugalivakkam, Chennai 600 125.
Sub-Registrar office:- Kundrathur 6.
AIMS AND OBJECTS OF THE ASSOCIATION
The objectives for which the Association is formed are as follows: a)
To control and administration of all open space, means the land and buildings like, club house, STP, WTP and other common utilities and facilities existing and to be made hereafter for and on behalf of the Owner Members of the Association, who have legal ownership of individual houses to the building
named "RGL Dream Bungalow Phase 1,2,4 & 5 ", situated at, Cauvery Street, Lakshmi Nagar, Mugalivakkam, Chennai 600 125. b)
To look after welfare and needs of the owners of the various houses comprised in the premises, their authorized representatives and residents living in the premises.
c)
To provide necessary security arrangements in the premises, maintenance, repairs and replacements of all or any of the machinery, equipment’s and other articles belonging to the Association attached with and in the common areas of the premises.
d)
To ensure provision of other facilities for peaceful and convenient living in the premises by the residents
e)
To promote harmony and welfare of the members
f)
To provide means of social interaction among the members and to hold and arrange conventions and meetings for discussion on matters of common interest of the members of the Association.
g)
To communicate information and notifications of the Government and other statutory bodies issued from time to time in respect of matters relating to common in nature and concerning the houses in the premises
h)
To assist in getting technical and other services relating to matters common in nature concerning the houses in the premises.
i)
To take up such matter as are necessary and just with and to appear or represent the Association / its members before the Government, the Corporation, the Electricity Board, Courts of law, Judicial, Quasi-judicial and other statutory bodies or tribunals or various matters concerning or affecting the interest of the Association / its members including safeguarding properties in the premises and other properties that may be acquired in future and to take such steps as are found necessary and feasible in this regard.
j)
To organize and conduct either on its own or jointly in collaboration with individuals or association, activities of social, cultural, educational, sports and
games, physical cultures, musical concerts and festivals for the benefit of the members and others living in the premises k)
To raise funds by ways of subscription, contributions and donations from members and others so as to facilitate the conduct of the above objects.
l)
To do all acts and things as are incidental, consequential and conducive to the attainment of the above mentioned objects and other matters of common interest, which may arise from time to time, not specifically provided for or mentioned in these presents and relating to the needs and welfare of the members of the Association and others living in the premises.
m)
To settle the differences if any between residents amicably through the Association and develop a feeling of fellowship and good neighborly relationship amongst the residents
n)
To regulate the rights and enforce rules and regulations amongst the members to preserve and maintain the structure of the buildings located in the premises, and to preserve and maintain the amenities to the utmost benefit of the occupants and users of the said houses and/or its safety.
o)
To invest corpus funds collected from members as fixed deposits in
banks,
with prior approval from the General body and ensure its proper utilization. p)
Subject to the provisions of the Tamil Nadu Societies Registration Act and other applicable laws, the Association shall have the power to amend or alter, add or vary or delete any of the clauses in the Memorandum of
Association
and/ or by-laws forming part of the Memorandum of Association with
the
approval of 51% of the members present and voting at a duly convened General Body meeting of the members of the Association by passing a special resolution.
RGL DREAM BUNGALOW OWNER'S WELFARE ASSOCIATION BY-LAWS, RULES AND REGULATIONS OF THE ASSOCIATION (Registered under the Tamil Nadu Societies Registration Act, 1975. Registration No. _________________ 1. PRELIMINARY These by- laws, rules and regulations shall form part of the Memorandum of the Association and shall apply to all the members of the Association, residents and occupants of the premises and other structures in any manner situated in the building premises known as "RGL DREAM BUNGALOW Phase 1,2,4 & 5", situated at “RGL Dream Bungalow” situated at, Lakshmi Nagar, Cauvery Street, Mugalivakkam, Chennai 600 125.(Herein after called the 'premises') All the present and future owners of the houses in the premises, their authorized agents occupants thereof, the present and future tenants in occupation of the houses in the premises, the employees, servants of the residents of the houses in the premises and all other persons who might use or repair the facilities in the premises, in any manner whatsoever, are subject to these by-laws, rules and regulations set forth herein and to the future amendments and modifications thereto, made from time to time and approved by the general body, shall be strictly adhered to, by them.
Notwithstanding the fact whether a person is a member of the Association or not, these by-laws, rules and regulations shall apply to all the residents in occupation of the houses in the premises, without any exception and all are bound by them. Mere acquisition on ownership or rental or taking possession of any of the houses in the premises or portion thereof or mere act of occupation of any of the said houses in any manner will signify that these by-laws, rules and regulations are agreed to any binding on them and should be complied with, by the concerned persons. Everyone in occupation in the premises shall be subject to these by-laws, rules, regulations and guidelines framed by the Association and nobody can disassociate from adherence to them or claim exemption to any or all the provisions contained herein.
2. DEFINITIONS: In these by-laws, rules and regulations, unless the context otherwise requires:“PREMISES" means the buildings known as "RGL DREAM BUNGALOW'', situated at “RGL Dream Bungalow” situated at , Lakshmi Nagar, Cauvery Street, Mugalivakkam, Chennai 600 125. "ASSOCIATION" means the Association constituted by all the members, who are house owners, acting as group in accordance with the by-laws. "Owner" means a person or persons who own a house in the Building, common area and amenities in the PREMISES. “Member" means the person or persons owning of a house in the premises and whose name has been included in the Register of members maintained by the Association. If the house has been purchased jointly by two or more persons, they shall be joint owners and either of the persons. (As intimated in writing to the Association) shall be the member for the purpose of the affairs of the Association. “Resident” means a person residing in the premises. “Tenant” means any person other than the owner who occupies the house. “Sub-committee” means committees formed time to time based on requirement, to assist the managing committee in discharging the functions such as security, healthcare, maintenance of equipment’s etc., each sub-committee should have minimum three members and one of them should be a member of the management committee, who must be the convener of the sub-committee. “General Body" mean all the members of the Association; "Management Committee" means the governing body of the registered Association to whom the management of its affairs is entrusted “President" means a member duly elected by the General Body “Secretary” means a member duly elected by the General Body
“Treasurer" means a member duly elected by the General Body “Year and”Term” means the financial year, As per Government of India definition Common Area and Amenity means: The Land on which the "Premises" is situated and all houses, rights and appurtenance belonging to land and building. The foundation, columns, girders, beams, supports, main walls, roofs, halls, corridor, lobbies, stairs, Stairways, entrances path ways bore well compound walls, open terrace, and all the exits of the building. The premises and area used by persons employed for the management of the property. The installations of central services such as generators, Electrical power, light, and sewerage lines, WTP,STP, Security System, Elevators, tanks, pumps, motors, fans, and in general all apparatus and installations existing for common use in the Premises. Other parts of the property necessary (or) convenient to the existence, maintenance and safety (or) normally in common use. Any facility provided for general and comfortable living. WTP Plant, STP Plant, Power Generators, Lifts, Common Lights, ducts, Shafts, Pipelines, Storm Water Drains, Entry Arches, Drive ways, Landscaped Areas & Play Equipment’s. "Act and Rules: wherever they occur shall respectively mean “The Tamil Nadu Societies Registration Act, 1975”, "The Tamil Nadu Societies Registration Rules, 1978" "Parking Space" means the space either covered or within the premises earmarked by it for parking of vehicles including two wheelers and includes a covered car parking area owned by a member. "Prescribed form" means the form prescribed by the Association and detailed in the Annexure hereto. "Corpus Fund" shall mean a fund created under the by-laws.
Note: In these by-laws, rules and regulations, the words used in masculine gender and
in singular characters shall, wherever the context requires, mean the plural character and the other gender respectively.
3. OBJECTS OF THE ASSOCIATION: The objects are those stated in the Memorandum of the Association and any other objects that may be added to them from time to time. 4. NAME OF THE PERSON OR OFFICER, IF ANY, AUTHORISED TO SUE OR TO BE SUED ON BEHALFOF THE SOCIETY: The President (or) The Secretary (or) any of the office bearer appointed by management committee. 5. ENROLMENT OF MEMBERS AND CHARGES: Enrolment of members Names of persons who are registered owners of the various houses comprised in the RGL Bungalow premises, on the date of the registration of the Association, shall be deemed to have become MEMBERS and their names shall be entered in the Register of Members of the Association maintained under the, provisions of the Act. Such persons shall complete an application in the form prescribed (Annexure-I) by the Association. Names of persons who become registered owners of any house after the incorporation of the Association shall also be entered as MEMBERS in the above Register upon the Association being notified in writing in the prescribed form (Annexure-II) by the concerned registered owner or transferor. Every registered owner of a house shall be a MEMBER from the date on which he becomes owner of a house in the premises. A member whose name is already entered in the register of members shall notify in the prescribed form and file it with the Association when he sells or otherwise disposes of or transfers his house in any manner to any other person who shall also countersign the said form
for facilitating transfer of membership in the register. Notwithstanding this, the buyer or transferee of any house in the premises from an existing owner shall be deemed as a member for the purpose of being bound by these by-laws, rules and regulations. The name of the transferee shall be entered in the Register of Members kept under the provisions of the Act. In case of transfer of property by any means by a member, to the person/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. Every House owner shall be required to deposit a corpus fund as decided by the General Body, with the Association for such use as may be decided by the General Body at its Annual General Meeting. Each House owner shall be provided with a soft copy of the By-laws. Also a soft copy will be provided whenever the by-law is altered /amended. A separate register of residents who are tenants shall be maintained to distinguish them from the owners. To enable entry in the said register, a tenant shall, within 15 days from the date of occupation of a house, file an application in the prescribed form with the Association. It shall always be the responsibility of the owner concerned to keep the Association informed in writing about the change of occupancy of his house if it is not occupied by the owner himself and it is also the responsibility of the Owner to ensure that the tenant / occupant fills in the prescribed application and files it with the Association. Every new occupant or tenant shall be bound by these by-laws, rules and regulations. A) Maintenance charges and other dues. Each member shall pay quarterly maintenance charges to the Association to defray the expenses to be incurred by the association on common maintenance. This amount shall be fixed by the General Body from time to time depending on the maintenance charges for all common amenities and facilities for the benefit of all.
For any change in maintenance charges, General body approval is required. These charges shall be paid 3 (Three) months in advance. The due dates for the collection are 1st April, 1st July, 1st October, and 1st January. For any delay beyond 10 days from the due date, a late fee as decided by the management committee shall be payable. In the case of any other dues to the Association levied by the Management Committee, payment on a date beyond the last date fixed for payment of such dues would attract payment of late fees as decided by the management committee . The late fee imposed, in accordance with the by-laws, would also be treated as dues to the Association. The members shall pay the maintenance charges in time and ensure receipts are collected immediately for the payments made. In case of any cheque return, the members are liable to pay the cheque return charges as in force at that time, to the Association. If any of member cheque is dishonored then all future payments by that member for the next six months should be made by way of demand draft. The members should not default in making maintenance and any other payments under any circumstances since the entire act of the association is for the common benefit and general welfare of the house owners. The association will have every right to take serious view of the regular defaulters and look for an alternative means to collect the same. The responsibility for payment of maintenance charge and other dues shall solely be that of the owner notwithstanding any arrangement he may have entered into with his tenant or other occupant. If any house is not occupied then owner has to pay the maintenance charges per month other than sewerage charges. Association has right to publish in notice board defaulters list who has dues for more than 10 days. If an owner’s maintenance and or other dues, reckoned from the due date, (regardless of the amount) remain unpaid for two months, the Management
Committee is empowered, after serving due notice to the owner/tenant, to suspend services that are provided by the Association commonly to all owners, as permitted by the laws of the land, such as water supplied by the Association, emergency power supply, sewerage water collection, services for garbage disposal etc. Due notice is served by way of soft copy and by messenger. If the defaulter refused to accept the due notice from messenger at the time of delivery it will be construed as delivered by association and general body will proceed with the necessary course of action. The Management Committee is also empowered to suspend other services as may be permitted by the laws of the land enacted in the future. If payment of such dues is being made by a tenant, on behalf of the owner, and there have been frequent delays/ defaults in payment of such dues, Management Committee may, besides imposing late fees as indicated above, require the owner to terminate the tenancy of the tenant, after giving such notice as may be required under the tenancy agreement, in the interest of congenial atmosphere and proper maintenance of the common areas and facilities.
Note: The owner/tenant is liable to pay reconnection charges when water supply / sewerage connection to his house is resumed by the Association on payment of dues for the nonpayment of which water supply / sewerage connection was stopped. The quantum of reconnection charges will be decided by the Management Committee from time to time. Since Phase 4 doesn’t have common drainage connection to the STP situated in Phase 1 maintenance of phase 4 towards drainage will not be charged. Phase 4 residents need to pay monthly maintenance other than STP charges that is collected for other phases. The amount of monthly maintenance for phase 4 will be decided by the general body from time to time. No cars should be parked in the common path that is being used for by all residents. Each one has to park their car within their premises allocated parking area. If any car is parked outside for more than two hours in common area then association has right
to lock the car and only after paying a penalty of Rs 500 per day lock will be released. In case of yellow board commercial vehicle parking can’t be more than 15 minutes. If any owner or tenant has car which is bigger than their parking area they need to park their car only outside association premises at their own risk. No car will be allowed to park in common area. People who are having two cars need to make their own arrangement. If any person found to be in continuous default association has right to confiscate the car and hand over the same to police station. All cost incurred in towing and other charges will be recovered from owner of house premises for whose house car came. It is the responsibility of the owner of the house to pay the charges by collecting the money either from visitor or tenant of their house who has parked in common area. Any unsold premises or premises occupied by the promoter or his representatives are liable to pay the monthly maintenance as paid by other occupants of the association. Any disputes between promoter and owner or owner and tenant should not be cited as reason for any delay or nonpayment of monthly maintenance charges. It is the ultimate responsibility of the owner to ensure monthly maintenance charges are paid on time.
6. RESPONSIBILITIES OF MEMBERS
i.
An owner must perform all maintenance and repair work within his own house.
ii.
An owner shall produce to the Association such documents, such as duly selfattested copy of Sale deed, as it is required to support his ownership of the house as required by the Association.
iii.
An owner shall ensure that his house is occupied only for RESIDENTIAL PURPOSES. He shall not also let out his house premises other than for RESIDENTIAL PURPOSE and he shall further ensure that the house is not used for any unlawful activities.
iv.
An owner shall maintain the interior of his house by keeping it duly repaired in such a manner that if not done, will affect and cause damage or inconvenience or danger to the safety and security of the other houses concerned or the enjoyment of the rights and facilities by other members concerned.
v.
An owner who is not an individual shall inform in writing the name of the juridical person to the Association.
vi.
All repairs of internal installations of the houses such as water, light, gas, power, sewage, telephone, air-conditioners, sanitary installations, doors, windows, lamps and all other accessories shall be at the expense of the house owner concerned.
vii.
No owner is authorized to change / repair / lay anything in the common area without the approval of association in writing. Such kind of cases need to be approved by the general body council.
viii.
An owner shall reimburse the Association expenditure incurred in repairing or replacing any common area/facility damaged due to his or his tenant or occupier’s fault.
ix.
An owner (or his tenant) shall not carry out any structural modification internal (or) external , alteration or installation in his house without obtaining the necessary approval from the concerned government agencies like CMDA etc.,
x.
An owner (or his tenant) shall not place or cause to be placed in the lobbies, vestibules, stairways, elevators and other areas of a similar nature both common and restricted, any furniture, packages or objects of any kind. Such areas shall be used only for normal transit through them.
xi.
An owner (or his tenant) shall grant right of entry to his house to the management committee or their authorized person, in case of emergencies such
as fire, gas leak , whether the owner or tenant is present in the house at that time or not. All possible effort should be taken by the management committee to inform the owner / tenant about such situations.
xii.
An owner (or his tenant) shall not display any sign board or advertisement in or on the building except as permitted under the regulations framed by the Association.
xiii.
An owner (or his tenant) shall take care not to cause any excessive noise through the use of musical instrument, radio, television etc. as to disturb the peace of coowners/ co-residents.
xiv.
An owner (or his tenant) keeping a pet animal shall abide by such regulations as may be framed by the Association from time to time.
xv.
An owner (or his tenant) shall abide by the regulations framed by the Association time to time, in regard to use of houses, common areas and services.
7. RIGHTS OF MEMBERS A. VOTING RIGHTS A member or his proxy shall be entitled to one vote on secret ballot and as many votes as the number of houses owned on poll. For removal of doubt, it is hereby clarified that while a proxy can vote, he cannot speak or participate in any discussion in a General Body Meeting. Participation in discussion can only be done by members.
B. OTHER RIGHTS Every member has a right to receive soft copy of the memorandum, by-laws, rules and regulations and guidelines prescribed by the Association at the time of his enrolment. Any subsequent requirement and supply will be on payment of fee as prescribed by the management committee.
C. Every member, subject to what is contained in above, shall have a right to participate in the discussions and exercise his vote and also to appoint a proxy in writing, in the prescribed form, to vote on his behalf. D. Every Member can contest in the elections for Management committee.
8. CODE OF CONDUCT i.
No owner or tenant or occupier shall carry out at any time or suffer to be carried on in the house or any part thereof occupied by him, any trade, business or vocation or activity commercial in nature or any noisy, offensive or dangerous trade or pursuit or unlawful and immoral activities, causing nuisance, hindrance, annoyance or danger to any neighbors or depreciate the value of the said houses or any part thereof as residential property in any manner whatsoever.
ii.
The rights of any owner / tenant / occupier over the common areas in the premises shall be subject to the guidelines framed in this regard by the Association from time to time.
iii.
Every occupant (Owner or tenant) of a house shall intimate in writing to the Association whenever he wants to vacate a house at least 30 working days in advance. Similarly, every new occupant (owner or tenant) of a house shall follow the same procedure before occupation. A ‘No Objection Certificate’ must be obtained from the association and the same has to be provided to the security at the time of vacating. This is required for security reasons which will be strictly enforced. The Association will issue necessary instructions to the Security for the movement of household articles from and to the premises.
iv.
Every member or his tenant shall be bound by these by-laws and resolutions passed by the General Body from time to time and no member has any right to question the enforcement of by-laws or the general body resolutions by the Executive Committee or by any person or persons authorized by the said committee.
v.
Intimation should be given to the Association in a prescribed form (Annexure III), within 7 working days from the date of execution of the Lease deed, by the owner while letting out his house for rent to enable the Association to maintain an up-to-date record of residents for providing common services, to bring to the notice of the owner dues, if any, to the Association, from the house and to provide a soft copy of the By-laws of the Association to the tenant whose
compliance shall be binding on him. The letting out of the house shall be strictly for residential use. As compliance with the By-laws is mandatory for all residents, the owner shall be well advised to incorporate in the lease agreement entered into with the tenant a clause to this effect so that he may proceed, if need arises, either on his own accord or at the instance of the Association, against the tenant for breach of any of the by-laws.
vi.
Where a house is proposed to be sold, intimation should be given by the owner to the Association within 7 working days from the date of execution of the sale deed. It shall also be obligatory on his part to apprise the purchaser about the existence of the Association and its by-laws and obtain a letter from the purchaser that the latter would agree to abide by these By-laws as amended from time to time. The purchaser shall be jointly and severally liable with the vendor for all unpaid amounts due to the Association up to the time of sale or transfer without prejudice to the right of the purchaser to recover from the transferor the amounts paid by him. After receipt of dues from the house, if any, to the Association and application in the form prescribed in Annexure II, the Association shall issue an intimation to the Transferor/ Transferee that the proposed transfer of ownership of the house has been taken on record and the purchaser would be entitled to become a member of the Association, with all the attendant benefits by way of common services and facilities provided by the Association, after the transfer of ownership is completed.
9. RESTRICTIONS IMPOSED ON MEMBERS 1. The right to attend and participate in the meetings of the Association and vote therein at shall stand suspended in the case of a Member of the Association who
a. Has misused his house for illegal / immoral purposes. b. Has been in the habit of committing breaches of any of the provisions of the by-laws and / or guidelines of the Association, which, in the opinion of the Management Committee, are of serious nature. c. Notwithstanding the above, the committee shall have discretionary powers to take such other action as is considered fit and necessary
10. MANAGEMENT OF THE AFFAIRS OF THE ASSOCIATION: The management of the affairs of the Association shall rest with the Management Committee consisting of the President, Secretary, Treasurer, Joint-Treasurer, and executive committee members. Members of the Management Committee shall be elected by the General Body at the end of every term and their services shall be on honorary basis. Any vacancy in the office of the President, Secretary and Treasurer, by resignation or otherwise, shall be filled up by General Body through election to discharge the duty of the office. The term of office of the members of the committee shall be till end of the term. The Management Committee may allot portfolios and responsibilities to a sub-committee for studying issues in depth and reporting to the Committee. The decision on all matters shall be taken only by the Management Committee, based on the recommendations provided by the sub-committee if any. Members may be elected to the Management committee for a maximum of two terms consecutively. They shall be eligible for election after a lapse of two year for another two terms consecutively. If, however, there are no nominations to a post/posts and the existing member of the Management committee to continue in the management committee and expresses his wish in the General Body meeting, he shall be eligible for election. Any objection raised against the committee member should be thoroughly enquired, if objection is valid, the member shall be disqualified by the management committee. Also any Member of the management committee may be removed from their post, even before their term is completed, on the basis of a complaint made, in writing, to the management committee by at least 40% of total members.
11. OFFICE BEARERS OF THE MANAGEMENT COMMITTEE. President: The President shall preside over all meetings of the Management Committee, Annual General Meeting and Extraordinary/Special General Meeting and have general control of the Management of Association, its property and finances. If any matter directly affecting the President is on the agenda on the meeting of the Management Committee or the General Body. Secretary/treasurer / joint treasurer or any other member of the Management Committee shall preside over that meeting. He will conduct all correspondence on behalf of the Association with statutory and other outside bodies Secretary: The Secretary shall be the Executive officer and shall be responsible for the convening of the Management Committee. He shall keep proper minutes of the meetings of the Management Committee, shall carry out the decisions of the Management Committee and the General Body.
Treasurer: The treasurer shall be in charge of the finances of the Association, shall have proper accounts maintained and shall operate the bank accounts of the Association with help of the President or Vice President and secretary Joint Treasurer: In the absence of the Treasurer, the Joint Treasurer shall maintain necessary books of accounts and bank transactions. Phase representatives: They represent the respective Phase in the management Committee.
They highlight the issues in their respective block and thrive for its
resolution. Executive members: adequate number of executive members (other than the phase representatives) from each phase need to be accommodated in the management committee.
12. POWERS AND RESPONSIBILITIES OF THE MANAGEMENT COMMITTEE Appointment and renewal of Facility Manager (i.e. an organization which shall have responsibilities for Managing the infrastructure and facilities of the premises) and the terms thereof, with prior approval from General body meeting. Appointment and renewal of other persons employed by the association, like housekeeping personnel, electrician, plumber, gardener etc., Maintenance, repair and replacement of the common areas and facilities. To enter into Annual Contracts with various vendors, generally with a prior approval from General body. However in extraordinary cases, keeping in mind the welfare of the residents, Management committee, with majority support from committee members can enter into such new contracts. Such Contracts need to be brought to the subsequent general body meeting for ratification. Collection of maintenance and other dues from members and taking such measures as may be necessary for the purpose. To open and operate bank accounts on behalf of the association, and matters incidental thereto. To conduct General Body meetings and Extra- ordinary general body meetings. Laying down regulations for the use of common areas and facilities, in the interest of the generality of the members. Respond in writing to any feedback, grievance, suggestion received from a member. Management committee shall give due publicity for the regulations framed by exhibiting them in the Notice Boards of the Association in the Premises. Certain basic regulations are given below. -
All statutory permission, taxes, levies, electricity and sewerage construction are obtained only for residential usage. If the owner is found to use or let the
property for any commercial use, the same shall be construed as breach of the terms of RGL Dream Bungalow by-laws, leading to cancellation of access to service like water, electricity and sewerage as it is provided for only residential usage and other facilities provided inside the premises as it is meant only for the residential occupant. -
All the members should display Car Pass at the time of entry of their car for easy identification to the security staff. This is applicable to two wheelers also.
-
The owners/residents shall not keep stock or personal items or display of any wares or any other materials in the corridors or in any place intended for common use so as to cause any hindrance to other occupants.
-
Vendors, (other than routine milk boys, paper boys, washer man) water and gas supply man are strictly prohibited to enter the building unless specifically approved by the Association. All the residents should cooperate to ensure that their visitors and guests have valid entry to their house. If violation causes damage, the concerned house owner will be responsible and will compensate for such damages. Playing cards, smoking and drinking alcohol by the members / residents are strictly prohibited in all common areas.
-
It is the responsibility of all members to preserve and maintain beauty, cleanliness and sanitary conditions of the premises. The temptation to throw the waste materials on the compounds should be avoided. Water and common electricity shall be most economically consumed.
-
The members shall co-operate to preserve and maintain peace in the compound. The day to day action of the members in tuning their recorders, televisions, and speeding of vehicles, drying clothes shall not be a nuisance to the other members. The friendly behavior among members will be much appreciated than all.
-
The members shall refrain from using the services of the security or watchman, sweeper, housekeeping for their personal work during duty hours. They shall also
refrain from issuing any instructions directly to them against policy matters. Any displeasure against them in discharging their duties according to the policy decision shall be brought to the notice of the MANAGEMENT COMMITTEE only. -
The Association will in no way take any action for any loss of property entrusted to the security on the personal capacity of the members.
-
The pet’s owners should have to maintain hygiene in the premises. Any member wants to have a pet in their house should give an undertaking to the Association or to the maintenance team that they will be responsible to clear or clean any hygiene discomfort caused by the pet anywhere in the premises. The pet will be handed over to concerned authorities if it poses danger or threat to any resident anywhere in the premises or if any objection raised by any neighbor for any reason in the house of pet residing. If owner of the pet violates the above conditions strict action will be taken by the association against the pet / house owner/ house resident.
-
It is strictly prohibited to bring any connection through overhead lines, floor level, and wall looping or through underground to security and safety reasons since any other new lines might interfere with existing lines and cause damage and trouble to mechanical, plumbing and electrical and electronic systems installed in the premises. Any such unauthorized connections / cables will be removed without notice by the association or by the maintenance team.
-
All the rules and regulations framed from time to time will be binding on all the members.
-
After the Developer's maintenance period, the facility managers, any suppliers and vendors to be appointed are to be approved by the majority of the Management Committee members with prior approval from the general body.
-
Incurring of revenue expenditure for maintenance work and incurring of capital expenditure which has been approved by the General Body or other individual
capital expenditures subject to report to the General Body at the next Annual General Meeting. -
Any expenditure of emergency nature (other than the routine payments) to
be
approved by the Management Committee and such increase in expenditure shall be allowed for continuing months by recording the expenditure with due records. -
Any unaccounted expenses to be borne by the concerned signatories and to be repaid within 30 days from the date of auditor’s report. Only valid bills, invoices and estimates shall be taken into account and all those vendors/suppliers should have PAN/TAN/TIN/ST/GSTAN numbers as per the Government Tax Regulations. Any payment made to the Vendors/Suppliers who does not possess PAN/TAN/TIN/ST/GSTAN numbers has to be compulsorily approved by majority members
of
the
Management
Committee.
The
genuineness
of
such
Vendors/Suppliers shall be verified by the team authorized by the Management Committee and in case of any discrepancies such Vendors/Suppliers shall be terminated. -
Arbitrate in relation to complaint, relating to maintenance and building related issues, by one resident against another; Management Committee shall, after hearing both the parties, give a decision which shall be binding on both the parties.
13. MEETINGS OF THE MANAGEMENT COMMITTEE Meetings of the Management Committee shall be held at least once in three months. The quorum for such a meeting is 50% of its members. For the conduct a Management Committee meeting, seven calendar days’ notice shall be given to the members. Secretary shall draw up the agenda for the meeting in consultation with Management Committee and duly approved by the President. President shall preside over the meetings of the management committee. In case of his absence secretary shall take this responsibility. If there is a voting takes place, president’s vote will be a tie-breaker In case of a tie occurs.
Minutes of such meetings and decisions taken are to be recorded and signed by the members present. 14. GENERAL BODY MEETING (GBM) The general body meeting shall be held once in a year and at a suitable place within the premises convenient to the members as may be decided by the Association. Notice for the GBM shall be issued with 21 clear calendar days before the date of the meeting. The Notice shall specify the venue, date, time and the agenda of the meeting. The resolution to be moved at the GBM shall require notice of 21 clear calendar days in writing to the Secretary. Wherever necessary, the resolution to be moved should be supported by an explanatory note. The agenda for the GBM shall be the following: Annual report, financial reports and accounts of the Association pertaining to current and preceding years. Auditor's report for the previous year. Status in regard to the dues of members to the Association and measures taken for their prompt collection. Performance vis-a-vis the budgeted amount for the previous year. (With explanation for wide variations, if any). Any Annual Expenditure Budget for the current year. Election of the members of the Management Committee. Any other matter, with the permission of the Chair. Minutes of Meeting (MOM) should be submitted within 7 days of such meeting and to be documented.
15. EXTRAORDINARY/SPECIAL GENERAL MEETING (EGM/SGM) Extraordinary/Special General Meeting can be called for by the Management Committee or through request by a member. Ordinarily, 21 calendar days clear notice shall be given for the meeting. Depending on the exigencies of the situation, the Management Committee shall decide a shorter notice period but it shall not be less than seven days. The notice shall specify the venue, date, time and the agenda of the meeting. If the meeting is requisitioned by a member (members with arrears of dues cannot raise a request for a meeting), the requisition shall be in writing, supported by suitable explanatory notes, and shall be signed by at least 20% of the total members. On receipt of such a requisition, the Management Committee shall convene the EGM/SGM. Minimum of seven days' notice shall be given for the convening of the meeting. The agenda for the meeting shall be restricted to the purpose/s for which the meeting has been requisitioned by a member.
Rules relating to conduct of the Annual General and Extra ordinary / Special General Meeting. The attendance at the meeting shall be restricted to the members. The quorum for the meeting shall be 10% of the total members. In the event of the requisite quorum not being available, the meeting shall be adjourned by the President and convened by him on another date within a week and but at the same venue. The reconvened meeting shall be competent to carry on the business of the earlier adjourned meeting with the available number present. For the reconvened meeting there is no requirement of specific quorums. Every member shall be entitled to a single vote. Vote to be cast in person or through a proxy by intimation to the association one week before the election by email. Voting shall be by a ballot. Member who is having any arrears is not entitled to vote
till he clears all his dues and get confirmation in writing from association executive members. The decision of the General Body shall be by a simple majority of members present and voting in the meeting and the decision to be recorded with signatures of favoring members. 16. BANK ACCOUNT:
One bank account shall be maintained, in the name of the registered Association, for depositing the corpus funds and maintenance funds of the registered Association. Accounts shall be opened with bank and shall be operated jointly by the 1) President t (or) Secretary and 2) Treasurer. And joint treasurer. 17. CHEQUE SIGNING POWERS: President, Secretary , Treasurer & joint treasurer are Authorized to sign any payment cheque for any requirement. Two members out of four mentioned above have to sign the cheque to make any payment. Treasurer sign is mandatory for all payments along with any other one member mentioned above.
18. FILING WITH THE REGISTRAR: The preparation and filing with the concerned Registrar of such records,
annual
or
other statements which are specified in the Act and Rules. The Management Committee of the Association with the help of the staff
members
of
Association office is responsible for complying with the
above requirements.
the
19. THE AUDIT OF ACCOUNTS: The audit of accounts and preparation of balance sheet for each financial year with reference to Section 16 of The Tamil Nadu Societies Registration person or persons appointed to do such audit.
Act, 1975 and the
A chartered accountant shall be appointed at the AGM to audit the annual accounts. He shall sign the accounts for having audited the accounts. He shall also prepare a report indicating, among other things, statutory
compliances required and tax, if
any, payable. The accounting year of the Association will be according to the financial from 1st April of every year to the 31st March of the succeeding
i.e.
time
of
year.
The accounts of the association and balance sheet will be placed at the General Body meeting of the Association and every member can
year
inspect the same
on prior intimation to the office and the member will be permitted to do so only at the premises of the Association Office. A copy of the Balance sheet will be exhibited in the Association office Notice Board. 20. DISQUALIFICATION: No house owner is entitled to vote on the election of members of the Management Committee or participate in the proceedings of any meeting of if he has any arrears of maintenance fees or other dues the date previous to the date of meeting of the
the General Body
to the Association as on
General Body, as certified by the
Treasurer. No house owner would be
entitled to stand for election to any
office of the Management Committee if
he has any dues to the Association, as
certified by the Treasurer, as on the closing day of nomination for election to the post. Any objection raised against the committee member should be thoroughly enquired, if objection is valid, the member shall be disqualified by the management committee. Tenants will not have the rights to vote unless duly authorized by the owner in writing. 21. AMENDMENT TO BY-LAWS: Amendment to the by-laws requires a minimum quorum of 10 % of total members. In case the required quorum could not be met, the meeting should be reconvened to a different date but at the same venue. In case the reconvened meeting also could not get the required quorum, then the decision can be taken with the majority vote of the
members present. Any objection on any amendment by a single or group of member will have to be addressed by Management committee and sorted out. If a court case is filed then such amendment will not be valid until the case is cleared. Any amendments should be notified to the Registrar of Societies immediately to make it valid and to follow such amendment. Any other matter, not specifically stated herein, the provisions of the various sections of the Tamil Nadu Societies Registration Act, 1975 and the Rules framed there under shall apply. 22. ELECTION Management committee is an elected body. Such elected committee members will have a 2 year term. The committee is allowed to continue till the next election, and restricted to 3 months beyond its term. In such cases an EGM should be called for election of new office bearers. If any member resigns from the management committee, the vacant post can be replaced by a member nominated by the committee which should be approved by the majority of general body members by circulating such nominations to all the members residing in the premises. 23. INSURANCE Without prejudice to the right of each house owner to insure his house for his benefit, the Association shall insure the common areas and facilities against fire, flood, cyclone and other natural calamity under such terms as may be decided by the Management Committee. The policy of insurance shall be written in the name of the Association as trustee for each of the house owner in the percentage of undivided interest in the land as specified in the Sale Deed. The premium payable under such policy of insurance shall be charged to the common expenses.
24. DISSOLUTION The Association may be by special resolution, determine that it shall be dissolved and thereupon it shall stand dissolved forthwith. The Association shall stand dissolved as per the procedures laid down in sections 41 and 42 of the Tamil Nadu Societies Registration Act 27 of 1975, as amended from time to time, and the Tamil Nadu Apartment Ownership Act of 1994. If upon dissolution and after satisfaction of all the debts and liabilities of the Association, assets, if any, remaining in its name shall not be distributed to the members but shall be passed on to another registered body, having the same or similar objectives, as may be determined by the Association. NOTE: a.
THERE IS NO POLITICAL INFLUENCE IN THE REGISTERED
ASSOCIATION
EITHER DIRECTLY OR INDIRECTLY
b. THERE SHOULD BE DETAILED RULES FOR CORPUS FUND ACCOUNT LIKE UTILISING CORPUS FUND AFTER GENERAL BODY APPROVAL c. THERE SHOULD BE ONLY ONE ASSOCIATION d. REGISTERED ASSOCIATION ANNUAL SUBSCRIPTION FEES IS Rs.-----e. ANNUAL SUBSCRIPTION FOR MEMBERS --------
Proposed Committee members S.No 1.
Name & Designation
K V Chandrasekhran (PRESIDENT)
2.
3
4.
L. K.Sundararaman (Secretary)
Chengodan (Treasurer)
Francis
6
7
8
9
10
Gurunathan (E.C. MEMBER)
Rahuvir (E.C. MEMBER)
Sakthi
12
13
14
15
Plot No. RGL Colony, Cauvery Street, Mugalivakkam, Chennai-125
Plot No. RGL Colony, Cauvery Street, Mugalivakkam, Chennai-125
Plot No. RGL Colony, Cauvery Street, Mugalivakkam, Chennai-125
Plot No. RGL Colony, Cauvery Street, Mugalivakkam, Chennai-125
Plot No. RGL Colony, Cauvery Street, Mugalivakkam, Chennai-125
G.Ranganathan (E.C. MEMBER )
Sandesh (E.C. MEMBER)
Kompella Srinivas (E.C.
Umesh
Plot No. RGL Colony, Cauvery Street, Mugalivakkam, Chennai-125
(E.C. MEMBER)
MEMBER) 11
Occupation &Address
Plot No. RGL Colony, Cauvery Street, Mugalivakkam, Chennai-125
( Joint Treasurer) 5.
Signature
Plot No. RGL Colony, Cauvery Street, Mugalivakkam, Chennai-125
Plot No. RGL Colony, Cauvery Street, Mugalivakkam, Chennai-125
Plot No. RGL Colony, Cauvery Street, Mugalivakkam, Chennai-125
(E.C. MEMBER) Plot No. RGL Colony, Cauvery Street, Mugalivakkam, Chennai-125
Sudhir Abraham
Balamurugan
Bala Gopal
Priya Sriram
(E.C. MEMBER) Plot No. RGL Colony, Cauvery Street, Mugalivakkam, Chennai-125
(E.C. MEMBER) Plot No. RGL Colony, Cauvery Street, Mugalivakkam, Chennai-125
(E.C. MEMBER) Plot No. RGL Colony, Cauvery Street, Mugalivakkam, Chennai-125 (E.C. MEMBER) Plot No. RGL Colony, Cauvery Street, Mugalivakkam, Chennai-125
ANNEXURE I RGL Dream Bungalow (Phase 1,2,4&5) HOUSE OWNERS’ WELFARE ASSOCIATION (Registered under the Tamil Nadu Societies Registration Act, 1975) Registration No. Application for admission as MEMBER [By-law No.5] From
Place Date:
To The Secretary, , Sir / Madam, Sub: Application for enrolment as MEMBER I / We request you to kindly enroll me / us as a MEMBER of the Association. I/we am/are enclosing copies of the necessary documents in support of our becoming an owner of House No.
Of Block
OR I / We have become the lawful owner of the property of House No.
ofof the premises. The
necessary documents supporting my / our title are enclosed. Kindly enroll me / us as a MEMBER of the Association. DECLARATION I / We hereby declare that I / we have received a copy of the Memorandum, by-laws, rules, regulations and guidelines of the Association and I / we will abide by them. Thanking you, Yours faithfully,
(Signature of the member) For office Use: Application received on Verified and can be admitted as member President / Secretary Admitted as Member No.
ANNEXURE II RGL DREAM BUNGALOW OWNERS’ WELFARE ASSOCIATION (Registered under the Tamil Nadu Societies Registration Act, 1975) Registration No. Intimation of Transfer of Ownership and Application for registration as Member by Transferee [By-law No.8 (vi)]
From
Place Date:
To The Secretary, , Sir / Madam, Sub:
Intimation of Transfer of Ownership registration as member by Transferee.
and
Application
for
I / We hereby inform you that the property bearing House No.____of Block____ of The Premises has been transferred to________________________________
by
virtue of a registered _____________ Deed dated _____________ and registered as Doc No. ________ Of _______ in the office of the_________________________________. A copy of the said document is enclosed. I / we request you to kindly enroll the said transferee as a Member of the Association and oblige. Countersigned Signature of the Transferor : Signature of the transferee :
I /we hereby accept for enrolling me / us as a member. me / us an owner member.
Kindly accept the same and enroll
UNDERTAKING I /we____________________
hereby declare that I / we have received a copy of the
Memorandum, by-laws, rules and regulations, guidelines framed by the Association and I /we agree to abide by them. Signature For office use Application received on _____________. Particulars verified and can be admitted as a Member President / Secretary Admitted as Member No.
ANNEXURE III RGL DREAM BUNGALOW OWNERS WELFARE ASSOCIATION (Registered under the Tamil Nadu Societies Registration Act, 1975) Registration No.___________ Application for enrolment as RESIDENT [By-law No.8 (v))] From
Place Date:
To The Secretary, , Sir / Madam, Sub: Application for enrolment as RESIDENT.
I/We/am/_______________ are a tenant / an occupier of the House No.______Of Block____ of the Premises.I / we request you to kindly enroll me / us as a RESIDENT. The consent letter of the OWNER of the above house is enclosed.
UNDERTAKING I / we _____________________________hereby undertake to abide by the Memorandum, by-laws, rules and regulations and guidelines of the Association, a copy of which I / we have received.
Countersigned Signature of the Owner : Signature of the Resident : For office use Application received on_____________ and particulars Verified. Can be admitted as a RESIDENT President / Secretary
