moa and bye laws

8/19/2019 Moa and Bye Laws

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Vidyasagar Flat Owner’s Association

MEMORANDUM OF ASSOCIATION

& BYE LAWS


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Registered office:

Vidyasagar Flat Owner’s Association

No 5 Vidyasagar Street

Konnagar, Hooghly

712235


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“ Vidyasagar Flat Owner’s Association”

Memorandum of Association

PREAMBLE: In its efforts to promote and sustain an outstanding community, the

VIDYAA!AR "LA# $%&ER' A$(IA#I$& sha)) *e guided *y a set of

shared +a)ues, to hich a)) its mem*ers stand committed- #hese +a)ues,

e.pressed as the guiding princip)es of the community, sha)) *e the touchstone for

the *ye)as, ru)es and operating guide)ines of the Association-

#he guiding principles re)ate to:

o Harmonious living culture

#he emphasis here is on consideration for others, ith residentsre)ating to each other in the spirit of mutua) support and fe))oship-#he *asis for a)) /ey decisions is the greater common good-

o Good citizensip

Residents respect the rights of others- #hey a)so i))ing)y and+o)untari)y conform to the *ye)as, ru)es and operating guide)ines ofthe Association

o Outstanding pysical environment

0igh standards are maintained for a)) common areas,infrastructure and ser+ices- A)so, standards and guide)ines areapp)ied consistent)y and uniform)y, here re)e+ant to persona)property- Residents are guided in their actions *y the need toconser+e and protect the en+ironment- In the same spirit, the

Association a)so acti+e)y promotes and ad+ocates the use of eco1friend)y methods for the )ong1term *enefit of the community-


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NAME: The name of the association shall be “VIDYASAGAR FLAT

OWNER’S ASSOCIATION”, which shall be registered under the West

Bengal Societies Registration Act of 1961 and rules framed there under.

REGISTERED OFFICE

The Registered Office of the Association shall be at No 5 Vidyasagar Street

situated at

Konnagar, Hooghly

712235


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Page 5 of 25AIMS AND OBJECTIVES OF THE ASSOCIATION:

The main objectives of the association shall be:

a) To act as an Association of Apartment Owners of the Building knownas “ id!asagar "lat Owner#s Association$% who have &led their

'eclarations submitting their respective Apartmentsto the provisions of the Act% in such a manner as to protect the

legitimate rights% privileges andinterest of all its (embers% with prejudice% or favour to none

b) To provide for% and do all or an! of the matters as laid down in theseB!e*laws

c) To represent the Association before +overnment and other

authorities for an! commonpurpose% which ma! impact the members monetaril! or otherwise and

take all such stepsas ma! be necessar! in this regard,

d) To represent the Association in all matters pertaining to thecommon propert! of

“ -'.A/A+A0 "1AT O2340#/ A//O5-AT-O3$ and to negotiate% carr!on litigation% settle or compromise with third parties an! matter

a6ecting the commonrights and properties,

e) To establish and carr! on jointl! with individuals orinstitutions% or its own volition%

educational% ph!sical% social% recreational% or other activities% forthe bene&t of the

"lat Owners A3' for regulation% maintenance% up keep andwelfare of all the

"lat O2340/,

g) To provide for the securit!% maintenance% repair% replacement%or improvements of the

B7-1'-3+% and the 5O((O3 A04A/ A3' "A5-1-T-4/ b!proportionate

contribution from the Owners% and% if necessar!% b! raising loans forthat purpose

h) To carr! out urgentl! needed repairs inside an! of the units% whichwould otherwise a6ectthe building in common% if the apartment owner or the occupant of the

unit fails to carr!


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out the same within the time prescribed b! the respective apartmentowner,

i) To establish% maintain and reinforce contacts to renderhelp8assistance to all members

regarding the maintenance of the premises,

j) To invest% to ac9uire legal activit! or deposit monies to theadvantage of the Owners%

notwithstanding% the pro&ts and income derived from the aboveobjects shall be utilied

for the development and improvement of the association andshall not be distributed

among the members,

k) To frame rules and administrative procedure with the approval of the general bod! of the

association, -n e;ceptional 8 da!*to*da! cases% the (5 is authoriedto frame 8 change

rules from time to time,

l) To promote close co*operation between members and to render allpossible advice and

guidance to members in an! matter relating to ownership and

enjo!ment of living inApartments and to provide such amenities and facilities to members

as the (5 ma! deem&t

m) To carr! out the above objectives and activities to facilitate theire


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work or to take the services of an! professionals initiating an! actionor defending the

same generall!,

p) To frame rules% with the approval of the general bod! of theAssociation% to administer the

building and common facilities,

9) To do such other things as ma! be considered as to beincidental or conducive to the

attainment of the aforesaid objectives

The /ecretar! of the Association is authoried to correspond and deal withthe 0egistrar% =ooghl! 'istrict% =ooghl!

The Association shall not act be!ond the scope of its “Objects$ withoutdul! amending the provisions of the B!e*laws for the purpose,

The income of the Association shall be utilied for the objects of theAssociation and shall not be distributed among its members,

/igned b! the (anagement 5ommittee (embers

“ -'.A/A+A0 "1AT O2340#/ A//O5-AT-O3$


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BYELAWS OF “ VIDYASAGAR FLAT OWNER’S ASSOCIATION”

SHORT TITLE AND ALICATIONS

a) The name of the Association shall be “ VIDYASAGAR FLAT OWNER’S ASSOCIATION”

b) The Registered office of the Association shall be situated at VIDYASAGAR FLAT OWNER’SASSOCIATION”, No 5 Vidyasagar Street, Konnagar, Hooghly PIN 712235

c) The provisions of these Byelaws apply to the “ VIDYASAGAR FLAT OWNER’S ASSOCIATION”.

All present or future owners, tenants, or their employees,

or

any other person who is lawfully entitled to use the facilities of the said Building, in

any manner whatsoever, shall be subject to the regulations set forth in these Bye-laws.

The mere act of acquisition or rental or taking on license any property or mere occupancy

of any of the Apartments in the “ VIDYASAGAR FLAT OWNER’S ASSOCIATION” will signify that these

byelaws have been read and understood, are accepted, stand ratified and will be complied with at all

times.

2.DEFINITION:

In these Bye-Laws, unless the context requires otherwise:

a)‘ACT’ means the West Bengal Societies Registration Act, 1961 and%est Benga) ocieties Registration

Ru)es, 2345 and alsothe West Bengal Apartment Ownership Act, 1972 & West Bengal Apartment

Ownership(Amendment) Act 2008 and Rules thereunder, both as amended from time to time.

b) ‘ASSOCIATION’ means the “ VIDYASAGAR FLAT OWNER’S ASSOCIATION constituted by such owners for

the purpose of carrying out objectives of the association as provided by the rule 3 of the Byelaws.

c)‘COMMITTEE’ means the Management Committee of the Association consisting of the President and

persons all of whom shall be Apartment Owners (members/deemed members) who are all residents of the

Apartments in “ VIDYASAGAR FLAT OWNER’S ASSOCIATION”; from among whom, a Vice- President, a

Secretary, a Treasurer, and a Joint Secretary will be elected by the Members of the Management

Committee(MC).

d)‘BUILDING’ means the apartments in any of the towers and blocks in ““ VIDYASAGAR FLAT OWNER’S

ASSOCIATION” I & II “, situated at No 5 Vidyasagar Street, Konnagar, Hooghly PIN 712235 and known as “

VIDYASAGAR FLAT OWNER’S ASSOCIATION” Condominium and includes the land forming part thereof.

e) ‘OWNER’ or‘APARTMENT OWNER/OWNERS’ means the person owning an Apartment in the “

VIDYASAGAR FLAT OWNER’S ASSOCIATION” Condominium with or without car parking space.

f)‘RESIDENT’ means any person staying in “ VIDYASAGAR FLAT OWNER’S ASSOCIATION”

https://en.wikipedia.org/w/index.php?title=West_Bengal_Societies_Registration_Rules,_1963&action=edit&redlink=1https://en.wikipedia.org/w/index.php?title=West_Bengal_Societies_Registration_Rules,_1963&action=edit&redlink=1https://en.wikipedia.org/w/index.php?title=West_Bengal_Societies_Registration_Rules,_1963&action=edit&redlink=1https://en.wikipedia.org/w/index.php?title=West_Bengal_Societies_Registration_Rules,_1963&action=edit&redlink=1


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Page ! of 25g! “M"M#"$” means an $ner, as aforesaid- uch an $ner sha)) ha+e fu)) +oting rights, pro+ided that such rights

are exercised by only one person in respect of an Apartment jointly owned by more than one person. In the

latter event, the voting right shall be exercised by the persons whose name stands first in the

Declaration, unless otherwise authorized by the other Owner/Owners of the said Apartments.

h)“ASSOCIATE MEMBER” means any person who is not an Owner, but is wholly residing, occupying,

or otherwise in lawful possession of any Apartments in the Building, and who has been co-opted into the MCas hereinafter mentioned. Such an Associate Member shall have no voting rights whatsoever.

i)“DEFAULTING MEMBER” means any Owner who has not paid the dues to the Association for three

months or over. Such defaulting Members shall not be entitled to any of the rights and privileges enjoyed by the

other Members, or to the services, and facilities offered by the Association, and shall forfeit all voting rights,

whatsoever till all dues are cleared.

j) ‘DEEMED MEMBER’ means a deemed member of the Association; the spouse, parent or any one of the

children above 18 years of age who is authorized by such Owner and who is also a Resident may be treated as

a deemed member of the Association in place of such Owner. If the Apartment is Company owned for residentialpurposes, the Company may nominate a deemed member.

k)“REGISTRAR” means the Registrar of Societies, appointed under the Act Konnagar Municipal Area,

Hooghly District.

l) “APARTMENT” which may also be termed a “FLAT” or “UNIT”, (hereinafter referred to as “APARTMENT”),

means part of the Building , intended for use as a family unit for residential purposes, including one, or more

rooms, and/or enclosed space with direct exit to a Common Area, leading to a public road. The Apartment shall

not be used for any purpose other than residential, except with specific, written permission of the Managing

Committee, and under such terms and conditions as may be laid by it.

m) COMMON AREAS AND FACILITIES: Common Areas and Facilities, unless otherwise provided in the

Declaration, or lawful amendment thereto, means:

i) The land on which the Building is located, but excluding the Building itself;

ii) The foundations, columns, girders, beams, supports, main walls, parapets, roofs, halls,

corridors, lobbies, stairs, stairways, fire-escapes, entrances and exits of the Building;

iii) Yards, gardens other than those allotted for private use, parking areas other than those

sold, and storage spaces;

iv) The premises used as offices, store-rooms, rest rooms, or rooms for the lodging of

janitors, or persons employed for the management of the property;

v) Installation for the central services, such as power, light, gas, hot and cold water,

heating, refrigeration, air-conditioning and incinerating, etc;

vi) The elevators, tanks, pumps, motors, fans, compressors, ducts, filtration apparatus,

communication facilities such as cable for television and Internet access, security

equipment and installations existing for common use;

vii) Such community and commercial facilities as may be provided for in the Declaration;


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viii) All other parts of the property necessary, or convenient to its existence, maintenance

and safety, or normally in common use;

ix) Community Hall including all its fittings, fixtures, equipment, both movable and fixed

n)RESTRICTED COMMON AREAS AND FACILITIES:

Limited Common Areas are those portions which are part and parcel of the Common Areas and Facilities, but

are reserved for the use of certain apartment, to the exclusion of other apartment, and designated as such in the

Declaration.

This right shall be exercised only by persons who are wholly resident in the Building. Other than the privilege of

exclusive use, no right or title whatsoever to these Limited Common Areas shall accrue to the Owners of the

Apartments to which they are attached, save and except as is vested in the other Owners by virtue of their

owning an Apartment in the Building.

No structure of any kind whatsoever temporary or permanent shall be erected or fence/ partition put up

on any Limited Common Area that may obstruct, or impede free movement in the event of an emergency of

any kind. In addition, on the Limited Common Areas adjoining the ground floor apartments, no trees shall be

planted, which may cause similar hindrance. Structure/fence/trees which do not impede free movement , may,

however be put up/planted, but with the specific, prior written permission of Municipal Commissioner, and under

such conditions as it may specify.

3.MEMBERSHI OF THE ASSOCIATION:

a) An! person% or persons% =7"% "irm% Association of Persons and 8or 5ompan! who8which haspurchased an Apartment in the Building from (8s (ukherjee and +hosh 'evelopers>hereafter referred to as the “'eveloper$)% shall automaticall! become the (ember of theAssociation and the “'eposit$ paid b! him8her per apartment to the 'eveloper towards theproper upkeep of the building shall be transferred to his8her account with theAssociation% or to the common account of the Association, An! dues to the Association notpaid for three months or more% at the discretion of (5% will be deducted from the said deposit,A (ember should be ?@ !ears or above, The membership shall not e;ceed the total number of individual apartments,

b) 7pon an! Owner selling his8her8their Apartment% or absolutel! conve!ing the same b!wa! of gift% or otherwise% the Purchaser% or 'onee shall% become a (ember of theAssociation with same right and privileges as the previous Owner provided the seller has paidthe Transfer "ee of 0s, per sft of apartment area and% all other dues and obtained a 3o'ues 5erti&cate$ from the Association, The “'eposit$ l!ing in the account of sellershall be transferred to the new member, An! short fall in the “'eposit$% as decided b! theAssociation and its o


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Page 11 of 25d) 4ach Apartment Owner ma! purchase a cop! of the B!elaws on pa!ment of 0sCCCC,,>0upees CCCC,, onl!,)

e) All owners will have to pa! to the “ -'.A/A+A0 "1AT O2340#/ A//O5-AT-O3$APA0T(43T O2340/#A//O5-AT-O3 a sum as decided b! the committee before the speci&ed last date, All 0evenueaccumulated shall be deposited as a "i;ed 'eposit in a Public8Private /ector Bank or used

to ac9uire legal activit! to achieve e6ectivel!% the objectives and welfare of the “ -'.A/A+A0"1AT O2340#/ A//O5-AT-O3$ APA0T(43T% as decided b! the committee as a dedicated fundtermed sinking fund, The amount so collected shall be utilied for reconstruction of common buildings or for carr!ing out structural additions or alterations to the buildings orfor carr!ing out heav! repairs8replacements% provided that such reconstruction 8repairs do notfall within the ambit of an! agreement with an e;ternal agenc! for maintenance of “-'.A/A+A0 "1AT O2340#/ A//O5-AT-O3$ 5ondominium,

D, CESSATION OF MEMBERSHI:

a) On the 'eath of an Owner, -f before demise% title to the Apartment had legall!been be9ueathed8 transferred% the 1egatee>s) shall automaticall! continue as (ember>s), -n

the case of Eoint Owners% the surviving Owner shall continue as (ember

b) On an Owner selling% gifting% e;changing or otherwise disposing o6 the Apartment

c) On a Trust% or 0egistered 5ompan!% winding up its a6airs,

F, JOINT AARTMENT OWNERS:

2here two or more persons have purchased an Apartment jointl!% the! shall be jointl!entitled to the Apartment and the person whose name stands &rst shall alone have the rightto vote, =owever% the &rst Eoint Owner% b! a letter of authorit! deposited in the o


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K, #$OR$M:

"or an Annual +eneral Bod! (eeting or a /pecial +eneral Bod! (eeting% IJL ofthemembers or their dul! authoried person can constitute a Muorum, -n the absenceof a majorit!% the (eeting shall be adjourned and shall be held at the same venue after onehour on the same da!% without further adjournment nd with available members present,

5ommunication about the new time of the meeting will be put on notice board,

?J, VOTE TO BE CAST IN ERSON OR THRO$GH RO%Y :

-n an! (eeting of the Association% vote shall be cast in person or through a dul! authoriedpro;!, The authorit! to a pro;! must be in writing, The pro;! must be deposited with the/ecretar!8President of the Association not less than D@ hours before the time for holding the(eeting, The pro;! need not be a (ember% but no person ma! be a pro;! for more than fourmembers, The role of pro;! is onl! restricted to the e;tent of casting of votes asauthoried b! the members, The pro;! cannot participate in the deliberations of the Annual+eneral (eeting,

??, OWERS AND D$TIES OF THE ASSOCIATION:

a) The Association shall be a non*pro&t organiation,

b) The Association will have the responsibilit! of administering the -'.A/A+A0"1AT O2340/# A//O5-AT-O3% approving the Annual budget% collecting periodical andad* hoc pa!ments and arranging for management of the 5ondominium in an e“A+(8/+($), -n the event of an! doubtsor contradictions% the b!elaws shall prevail over the rules,

d) The Association shall generall! look after and be responsible for safeguarding%promoting and protecting rights and well being of members% and enforcing theirrespective obligation to each other,

e) The Association shall represent the collective interest of the 5ommunit! in “-'.A/A+A0 "1AT O2340#/ A//O5-AT-O3$ with various e;ternal agencies,

f) The Association shall commence8defend an! legal proceedings onl! in so faras it is related or connected with and a6ects the (embers and the a6airs of the “-'.A/A+A0 "1AT O2340#/ A//O5-AT-O3$ N its 0esidents,

g) The Association shall promote and strive for a peaceful co*e;istence among allmembers of the association,

h) The Association shall regulate the manner and prescribe restrictions and conditionsfor and under which an! member shall transfer or part with the possession of hisownership of a propert! in “ -'.A/A+A0 "1AT O2340#/ A//O5-AT-O3$ so as toensure compliance with these b!e*laws and rules b! the transferees,

i) The Association shall have unhindered access to all its facilities located anddesignated as Association O


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Page 13 of 25 j) The association will not be responsible for an! loss caused to members the! mighthave su6ered b! act of +od like: earth9uake% ood% &re% riot or willful act of an!member personall!,

k) -n emergent situations the President and or /ecretar! can take decisions which ma!be even out side the purview of b!e laws but will seek rati&cation for such decisionsfrom the 5ommittee at a later date,

? LACEMENT OF ANN$AL GENERAL BODY MEETING' SECIAL GENERAL BODYMEETING AND ELECTION OF CHAIRERSON

"irst meeting of the Association shall be held at the premises of “ -'.A/A+A0 "1ATO2340#/ A//O5-AT-O3$Apartments, 5hairperson to conduct the proceedings8meeting shall be elected from among(embers8deemed (embers present% prior to the commencement of such(eetings,President of the Association shall be the 5hairperson for all subse9uent meetings,-n his absence% ice*President will chair these meetings,

?I, ANN$AL MEETING

The &rst Annual +eneral Bod! meeting of the association shall be held within one month ofthe date of registration of the Association, Thereafter% the Annual (eeting of theAssociation shall be held during an! da! of the month of Eul! or August% in each succeeding!ear, The (eeting ma! also transact such other business of the Association as ma! beproperl! brought up before it,The principal O


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a) 0oll call and election of chairman to conduct the meeting,

b) And reading of the agenda of the (eeting,

c) 5onsider and approve the (inutes of the preceding Annual +eneral (eeting and/pecial (eeting8s% if an! and to note the actions taken thereon,

d) 5onsider and approve the (anagement 5ommittee#s Annual 0eport for thepreceding !ear,

e) 0eport of sub*committees and their adoption% with changes% if an!,Adoption of theaudited accounts for the preceding !ear along with the Auditor#s 0eport and thetreasurer#s report% after discussion thereon,

f) 4lection of the o


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Page 15 of 25the latter case% the persons so co*opted shall become “A//O5-AT4 (4(B40/$% which title the!shall hold till such time the! serve on the (5 as co*opted (embers, /uch Associate(embers shall% however% have no voting rights whatsoever, The (5 shall also have thepowers to appoint /ub*5ommittees from among its (embers% and Associate (embers% or frompersons who are not% Owners% but are wholl! resident in an! apartment -n the Building% andassign such duties to them as the! deem appropriate for the better upkeep of theBuilding,

J, OTHER D$TIES:

a) The care% upkeep and surveillance of the Building% including the 5ommon Areas and"acilities

b) The assessment% and collection of all charges towards maintenance8suppl! of goodsand services and the general upkeep of the Building

c) The designation% emplo!ment% remuneration% and dismissal of the personnelnecessar! for the maintenance and operation of the building% including the 5ommonAreas and "acilities

d) The setting up of a proper procedure for carr!ing out the audit andmaintaining the accounts of the Association

e) To inspect the accounts kept b! the /ecretar!% or Treasures% and e;amine the registerand account books% and to take steps for the recover! of all sums due to theAssociation

f) To sanction working e;penses% maintain cash balances% and deal withother miscellaneous business

g) To see that the 5ash Book is written up promptl!% and is signed dul! b! one of the(embers of the (5 so authorised in this behalf

h) To hear% and deal with complaintsi) To make all pa!ments to +overnment% semi*+overnment and other such bodies% asdue b! the Association,

j) "inalie the Budget to be presented to A+(,

k) Present dul! audited accounts to A+(

l) To lev! and collect parking fee from owners who do not have parking slots,

m) Authoried to enter into contracts with service providers

?, MANAGER(S$ERVISOR:

The (anagement 5ommittee ma! emplo!% for the Association% a (anager 8 /upervisor andthe other subordinate workers at remuneration determined b! the (anagement 5ommitteeto perform such duties and services as the (anagement 5ommittee ma! authorie, The(anagement 5ommittee ma!% b! a 0esolution% remove% dismiss% or suspend an! emplo!ee ofthe Association,

ELECTION AND TERM OF OFFICE:


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Page 16 of 25a) The term of O


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Page 17 of 25decisions of the 4mergenc! meeting shall be rati&ed at a /pecial (eeting convened for thepurpose within ?F da!s of the 4mergenc! (eeting,

K, WAIVER OF NOTICE

Before% or at an! meeting of the (5% an! 5ommittee (ember% ma! in writing% waive notice ofsuch meetings% and such waiver shall be deemed e9uivalent to the giving of suchnotice,Attendance b! a 5ommittee (ember at an! meeting of the (5% shall be waiver ofnotice b! him of the time and place thereof, -f all the 5ommittee (embers are present at an!meeting of the (5% no notice shall be re9uired% and an! business ma! be transacted at such ameeting,

IJ, #$OR$M FOR MANAGEMENT COMMITTEE MEETINGS:

At all meetings of the (5% the presence of one third of the (5 members shall constitute a9uorum for the transaction of business% and the acts of the (embers present at the meetingat which the 9uorum is present% shall be the acts of the (5, -f at an! meeting of the (5% there

be less than a 9uorum present% the majorit! of those present ma! adjourn the meeting to asubse9uent time and date, -f at such an adjourned meeting also no 9uorum is present% an!business which was tabled for discussion at the meeting ma! be taken up% withoutfurthernotice% and the decisions arrived at shall be binding on all,

I?, RESIGNATION

An elected (anagement 5ommittee member ma! resign at an! time b! sending a letter ofresignation to the President or in his absence to the /ecretar! of the Association% butthe resignation shall take e6ect from the date of acceptance b! the (anaging 5ommittee or

one month from tendering resignation whichever is earlier,

I, DESIGNATION OF THE OFFICERS

The designations of the Principal O


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The President shall be the head of the Association% and shall guide and supervise its variousactivities, =e8/he shall preside over the Annual +eneral% /pecial% and other (5 (eetings% theproceedings of which shall be conducted under his direction% and general supervision, =is8=errulings shall be &nal at all such meetings, =e8/he shall have an additional “5A/T-3+OT4$ in the event of a tie in the voting, The ice President shall enjo! all the powers of thePresident in his8her absence,

IG, SECRETARY:

The /ecretar! shall be responsible to the (5 for all da! to da! activities relating to the propermanagement% maintenance and upkeep of the Building and shall:

a) 1ook after the administration and other a6airs and attend to all correspondenceReep accurate minutes of the proceedings of all meetings of the (5% and of the Annual+eneral and /pecial (eetings

b) +ive e6ect to the directions and decisions taken at such meetings

c) 5ollect all dues to the Association and ensure through the Treasurer% whereappointed% that proper accounts are maintained of all &nancial transactionsrelating to the Association

d) -nstruct Tresurer to collect charges under various heads for repairs and maintenanceof our apartment, And ensure that speci&c regulations for utilising societ! funds arecomplied with, The building maintenance fund must be utilised onl! for repairs andmaintenance of the building% and for carr!ing out structural additions and alterationsthat are essential for the safet! of the building, The building maintenance fund ofsociet!% when not re9uired immediatel!% must be invested with the bank, A corpus forreplacement fund should be created annuall! through a budget provision dul! approved

b! the general bod! of members of the societ!% and should be utilised onl! forreplacement of damaged &;tures of building in course of time,

d) (anage% and control the sta6% and take disciplinar! action where necessar!

e) -nstitute% prosecute and defend suits and other proceedings in which the Associationma! be involved

f) Prepare the Annual 0eport% and &nancial /tatement of Accounts under the guidanceof the (5

g) +enerall! perform all such duties as are incidental to the O0upees twothousand onl!) for incidental e;penses,

h) (aintain a 0egister of (embers,

i) =e shall have charge of such books and papers as the management 5ommittee ma!direct and =e shall% in general% perform all the duties as authoried b! the(anagement 5ommittee and incidental to the o


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Page 1! of 25other e6ects in the name and to the credit of the Association in such depositories as ma!from time to time be designated b! the (anagement 5ommittee, =e should invariabl!deposit the cash mone! in e;cess of 0sCCCCCC, ever! month to the bank account, -nthe absence of

Treasurer% the Eoint Treasurer will perform duties of the Treasurer,

I@, OBLIGATIONS OF THE MEMBERS

a) The code of conduct are designed with keeping the common interest of owners8residents in mind with the following objectives:

i) to ensure a /A"4 N /ecure and secure living environment for theresidents

ii) to ensure 5O("O0TAB14 and peaceful living for the residents b!ensuring thatthe amenities and common facilities are in good shape and available to all

iii) to facilitate residents enjo!ing the bene&ts of well connected living

iv) to preserve and enhance the B0A3' A174 of “ -'.A/A+A0"1AT O2340#/ A//O5-AT-O3$ b! making it the most desirable place tolive in the cit!

b) -n addition to following code of conduct% the Association ma! issue additionalguidelines in line with the above objectives, -t is the responsibilit! of the owners toensure that these are communicated to the residents in their apartment and arecomplied with,

c) 4ver! (ember shall abide b! the B!e*1aws of the Association and follow allinstructions of the +eneral Bod!% as conve!ed through the (anagement 5ommittee,

d) 4ver! Owner shall pa! monthl! assessments as &;ed b! the (5 for theproper upkeep and maintenance of the Building% which ma! include monthl! pa!mentsto the +eneral Operating "und% 0eserve "und and /inking "und% if an! for periodicrepair% renovation% replacement etc, The assessment ma! also include an insurancepremium for a polic! to cover the cost of repair of damages caused b! hurricane%&re%earth9uake or other haard or calamit!,

e) The assessment shall be made pro*rata according to the area of the Apartment vis*S*vis the total area of the land on which the Building has been constructed, All suchassessments shall be paid within the prescribed time and place% failing which theservices rendered b! the Association ma! be forfeited% as provided for in the B!e*law

herein under,

f) 4ver! Owner who lets his8her8their apartment for occupation b! other onlease%tenanc!% mortgagee% or otherwise% shall include in the relevant Agreement% aclause as approved b! the Association% binding the occupant to pa!% in proper time% themonthl! maintenance assessments '-045T1. to the Association, A cop! of the saidAgreement% along with an undertaking b! the occupant to abide strictl! b! the B!e*laws of the Association% and to make pa!ment in full% and in time% all maintenanceassessment as raised% shall be submitted to the Association B4"O04 occupation of theApartment,

g) This% however% shall not absolve the Owner from his8her8their responsibilit! to ensurethat all assessments on his8her8their8 Apartment are paid in time as speci&ed b! the (5from time to time% and in the event of an! default b! his8her8their occupant% shallhimself8herself8 themselves make all pa!ment as raised b! the (5,


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Page 2" of 25h) 4ver! Owner shall perform promptl! all maintenance and repair work within his ownapartment% which if omitted would a6ect the Building in entiret!% or in a partbelonging to other owners being e;pressl! responsible for the damages and liabilitiesthat his8her8their failure to do so ma! endanger, -n doing so he8she8the! shallnot make an! alteration% or modi&cation which ma! a6ect the facade or themainstructure of the Building or the common walls or oors between two units,

i) 4ver! Owner shall bear the cost of all repairs to the internal installations of his8her8their Apartments% such as water% light% gas% power% sewage% telephone% airconditioners% sanitar! installations% doors% windows% lamps and all other accessoriesbelonging to the apartment,

j) 4ver! owner80esident shall full!% and without dela!% reimburse the Association for an!e;penditure in repairing or replacing an! damages to the Building including the5ommon Areas and facilities caused through his8her8their fault,

k) 4ver! Owner80esident shall grant the right of entr! to the (embers of the (5% or an!person authorised b! them% in case of an! emergenc! originating in or threatening

his8her8their apartment whether the Owner is present or not,

l) 4ver! owner8resident shall permit the (embers of the (5 or an! person authoriedb! them to enter the Apartment for the purpose of performing installations% alterations%or repairs to the mechanical or electrical services% provided that the re9uests for entr!are made in advance% and that such entr! is at a time convenient to the Owner, -n caseof an emergenc! such right of entr! shall be immediate and without notice,m) 4ver! Owner80esident shall ensure that the Apartment is not used for an! purposeother than residential% e;cept with the e;press% written permission of the (5 and thatother spaces allotted to him8her8them are utilised onl! for the speci&ed purposes forwhich the allotments are made, 3o Owner80esident shall use an! part of the Premises

for an! commercial purpose whatsoever,

n) 4ver! Owner80esident shall ensure that his8her8their children pla! onl! atplaces allotted if an! and during the hours prescribed b! the (5,

o) 4ver! Owner 8 0esident shall ensure that the Building and the 5ommon Areas arekept clean and tid! in all respects and that garbage or trash is thrown onl! inthe disposal installations provided for such purposes b! the (unicipal 5orporation,

p) 4ver! Owner80esident shall ensure that the rights and privileges of other owners arerespected and that no inconvenience is caused to them in an! manner,

9) Onl! one famil! >plus domestic servant) ma! occup! one apartment, /ubletting orsharing an apartment% whether for monetar! bene&t or otherwise is notpermitted, /ervant#s families are not to be permitted to share the apartment, Onl! oneservant can sta! in the apartment

r) 4ver! Owner80esident shall ensure that the sta6 emplo!ed b! him8her8them bear agood character and shall be responsible for their behavior and actions while in his 8her 8their service,

s) 4ver! Owner80esident shall use the lifts in such a manner as not to damage them inan! wa!, Other then luggage% no package% bo;% crate or an! other article shallbe permitted% e;cept with the permission of the (5, 3o single item weighing FJ Rgsand above shall be allowed without the prior permission and in the presence of arepresentative of the (5,

t) 4ver! Owner80esident shall e;ercise due care about making noise or an! kind or usemusical instruments% radios% television sets% ampli&ers etc that ma! disturb others,


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Page 21 of 250esidents keeping domestic animals or other pets shall abide b! the (unicipal/anitar! B!e*1aws or 0egulations, (5 ma! issue additional guidelines to restrict thehours for the activities that cause noise and disturbance to the residents,

u) 4ver! Owner shall furnish relevant particulars of an! person8 persons other than theOwners themselves in occupation of his8her8their Apartment as ma! be re9uired b! the(5, A letter of authoriation for such occupation shall be given to the (5 before the

occupation,

v) 4ver! owner should inform the Association in advance about the change inoccupanc! of their apartment, "or ever! such change that involves movement of household goods in or out of building% a /hifting "ee of 0s, ; per occasion will belevied to cover the repairs for minor damages in common area% additional securit! andhousekeeping e6orts put in b! the Association, The Owner80esident should takeade9uate care that no damage is done to lifts or an! other common area due to thismovement, The cost of repairing an! major damages% at the discretion of (5% will becharged to the Owner#s account,

w) 3o Owner shall sell% or otherwise transfer his 8 her 8 their Apartment to

an!one without prior notice to the Association and8 or without pa!ing in full all amountsdue to the Association along with a Transfer "ee of 0sCC,, per s9ft of apartment areaand obtaining a “3O '74/ 540T-"-5AT4$ from the Association, An! default in thisregard will result in the transferee being denied an! or all of the services rendered b!the Association including the suppl! of services that re9uire upkeep and maintenanceon a regular basis% unless the transferee undertakes in writing to pa! all the dues anddoes so before occupation of the Apartment,

;) 3o Owner shall make an! structural or other modi&cations which ma! alterthe facade of the Building in an! wa!% whatsoever% save and e;cept grills% which ma!be provided as a measure of safet!% but onl! as approved b! the (5% and

under its written orders,

!) 3o Owner80esident shall make an! structural or other modi&cation or alteration orrepair within the Apartment or on installations located therein without notif!ing theAssociation through the President8 /ecretar! of the (5% and receiving its approval,

The Association shall have the obligation to answer within seven da!s and failure to doso within the stipulated time shall mean that there is no objection to the proposedmodi&cation% repair% alteration or installation being undertaken, The Association shallnot refuse permission% unless the work proposed is likel! to a6ect the safet! of theBuilding% or the installations provided therein% or alters the facade% or inconveniencesthe Owners of the adjacent apartments,

) 3o Owner80esident shall place or cause to be placed in the lobbies%vestibules%stairwa!s% elevators and other areas both 5ommon and limited an!furniture% packages% c!cles or objects of an! kind% e;cept while in normal transitthrough them,

aa) 3o Owner80esident shall use an! portion of the 5ommon area of theBuilding without the written permission of the (5, The (5 ma! grant permission forsuch occupation% for short periods% for marriages or other social functions% at theirdiscretion% provided that the premises so used is released in the same condition as itwas taken% and the cost of cleaning the premises% or repairing damages if an!% is borneb! the user,

bb) 3o Owner80esident shall park his8her8their car or two wheeler e;cept at theplace allotted to him8her8them, Owners of two wheelers not allotted parking spacesshall park their vehicles inside the boundar! of the Building onl! at the discretion of the(5, isitors# vehicles shall parked onl! in the designated area in the Building, Onl! onecar shall be parked in the one covered parking space,


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Page 22 of 25

cc) 3o Owner80esident shall install an! machiner!% or e9uipment% like generators etc inthe 5ommon Areas% especiall! in the lobbies or under staircase that makes a noise% orcauses disturbances to other residents% in an! wa!,

dd) 3o Owner80esident shall put up an! hoarding% advertisement% notice% or poster of an! kind% in or on the Building% e;cept as authorised b! the Association,

ee) 3o Owner80esident shall hang garments% rugs% etc, from the windows%balconies%parapets% or from an! of the facades of the Building% as this is strictl!prohibited, "urther% no Owner80esident shall dust rugs in an! manner on the windows%balconies or on the 5ommon Areas% including the lobbies and landings,

6) 3o Owner80esident shall install wiring for electrical% telephone% or fa;machines%television antennae% air*conditioning units% or machines on the e;teriorof the Building% which protrudes through% or above the walls or roof% e;cept asauthorised b! the (5,

gg) 3o Owner 80esident shall engage an! sta6 of the Association for an! personal work

without the sanction of the (5,

hh) 3o Owner80esident% or an! person connected with him8her8them% shall causean! damage% whatsoever% to an! asset of the Association, -n the event of so doing% thefull cost of repairing such damage shall be borne b! the Owner80esident,

ii) 3o Owner80esident shall use the 5ommon Areas% including 1imited Areas% for an!purpose which ma! hurt the sentiments% or feelings of an! of the residents, Thedecision of the (5 shall be &nal in an! case of di6erence of opinion,

jj) 3o Owner80esident shall object to an! work being undertaken b! the (5 which is in

the common interest of the Owners% even if such work ma! cause someinconvenience to him8her8them,

kk) 3o Owner80esident shall% under an! circumstances% threaten% abuse%reprimand% assault or in an! wa! take up with the sta6 emplo!ed b! the Association%but ma! report an! misbehavior% or neglect of dut! b! them to the (5,ll) The (5 ma! re9uest the owners8residents to desist from keeping a pet if there arereasonable complaints from the residents against it, 'ogs should alwa!s be on a leashor carried while using the common areas, The pets should be immuniedregularl! and the reports should be given to the manager of the building,

mm) All Owners80esidents are governed b! the club rules which ma! be placed

on all notice boards from time to time,

nn) -n case of inter apartment seepage8 leakages% e;cept due to inherent defectarising during the construction of the building% the managing committee shall &;the responsibilit!% in consultation with the concerned apartment owners% whoshall be responsible to repair the same and the decision of the managing committeeshall be &nal and binding on the owner8 s concerned,

oo) An! Owner who fails to pa! for three months% or more% an! amounts dueto the Association% shall be deemed a “'4"A71T-3+ (4(B40$% and shall be debarredfrom voting% or standing for election to (5,

pp) 3on*pa!ment of dues to the Association for three months or over shall constitute just and su


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Page 23 of 250egistered Post, -n the event of the registered letter not being accepted b! the'efaulting (ember% the 3otice shall be a0upees CCCC, onl!) for pett! e;penses, Allpa!ments above 0sCCCC >0upees CCCCC, onl!) shall be made b! che9ues signed b!the Treasurer and one or two (embers of the (anagement 5ommittee as authoried b!respective 0esolutions of the 5ommittee,


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Page 24 of 25) The Association shall% on or before CCCC of each !ear% publish an audited Annual"inancial /tatement containing:

a) The Balance /heet

b) The receipts and e;penditure of the previous &nancial !ear,

c) A summar! of the properties and assets and liabilities of the common areaand facilities of the Association% giving such particulars as will disclose the generalnature of these liabilities and assets and how the value of &;ed assets has beenarrived at,

I) The audited &nancial statement shall be open to the inspection of an! (ember of theAssociation during the o


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Page 25 of 25Association B4"O04 a6ecting the mortgage% failing which% the services of the Associationshall not be made available to the mortgagee,

DH, SEAL OF THE ASSOCIATION

The Association shall have a common seal which shall be in the custod! of the /ecretar! andshall be used onl! under the authorit! of the 0esolution of the (anagement 5ommittee and

ever! 'eed of -nstrument to which the seal is a

moa and bye laws

Documents