From,
Secretary,
Skyline Alton Heights Apartment Owners Association,
Puthenengady,
Kottayam
To,
The District Registrar,
Kottayam
Sir,
An association by name Skyline Alton Heights Apartment Owners association,
Kottayam, Pin- 686001 has been formed on 29.11.2014. I have been elected as the
secretary of the association and duly authorised for the registration of the
association by Executive Committee Meeting held on 20-02-2015.
I hereby declare that there is no other association in the name of Skyli ne Alton
Heights Apartment Owners association, is functioning in the State of Kerala at
present. Hence, I request you to register the said association and issue
certificate of Registration.
Thanking you,
Yours faithfully,
………………………..
Secretary,
Skyline Alton Heights Apartment Owners Association
KOTTAYAM
Date: ………………….
President
Secretary
Treasurer
MEMORANDUM OF ASSOCIATION
&
BYE-LAWS OF
SKYLINE ALTON HEIGHTS APARTMENT OWNER'S ASSOCIATION
President
Secretary
Treasurer
MEMORANDUM OF ASSOCIATION
SKYLINE ALTON HEIGHTS APARTMENT OWNER'S ASSOCIATION
1.
Name : The name of the Association is “Skyline Alton Heights Apartment
Owner's Association”.
The Association is formed under the provisions of the Travancore Cochin Literary Scientific and Charitable Societies Registration Act,1955,
hereinafter referred to in as “Act”.
2.
Registered Office & Address : The Registered Office of the Association
will be at “Skyline Alton Heights Apartment Owners Association
Puthenengady, Kottayam. 686001. KMC XVIII 198 B.
Name of the Post Office : Main Post Office, Kottayam, Pin -686001
3.
Area of Authority
a)
Within the Skyline Alton Heights Apartment Complex, including the land
appurtenant
thereto
having
71.708
cents
in
Sy.
No
15/2,16/3,50/3,50/12,50/13,59 in Kottayam Village described in Sale Deed No
2158/2010,2159/2010,2160/2010 of Principal
Sub Registry Office, in
Kottayam District and Kottayam Municipality and also described in the
sale deeds executed by Skyline Builders, owned jointly by the ow ners of
Skyline Alton Heights Apartments.
4.
Objectives
1.
To work for the educational, social, cultural
advancement of the members and their families.
and
economic
2 (a) To take over the maintenance of all the common properties of Skyline
Alton Heights apartment complex situated at Puthenengady, Kottayam, Pin
686001, including exquisitely laid landscape area, Association room, Party area,
Fitness Center, Children's Play area, Multipurpose Recreation room with TV
lounge, Intercom Facility, All round compound walls with guard room for 24hrs
Security, Generator backup, Water sump, Pump room, Fire fighting pumps, Store
room, Driver's room, Kids cycle parking, Servant's room, Caretaker's room, Games
room, internal phone wirings, garden, plant boxe s, parking area, including
payment of common water and electricity charges, security cover,
maintenance and running of the generators and over head expenses,
inclusive of salary, establishment charges etc., privileges, rights,
easements, advantages, appurtenances, facilities and conveniences
whatsoever in any way pertaining to the various apartments, by a
Managing Committee, as provided in the Bye -Laws and in accordance with
President
Secretary
Treasurer
the various terms and conditions incorporated in the sale deeds executed
by Skyline Builders in favor of various apartment owners.
b)
To maintain or arrange for the maintenance and improvements of all the
common properties, areas, amenities and facilities of Skyline Alton
Heights subject to the provisions of the Bye -laws and sale deeds
c)
To represent the members of the Association in all matters pertaining to
the common properties of the building aforesaid
known
as
Skyline
Alton Heights apartments to negotiate, carry out litigations and settle any
matters affecting the common rights and properties of Skyline Alton
Heights apartments
d)
To establish and carry on its own account or jointly with individuals or
institutions, educational, physical, social, cultural, recreational, medical
and public health activities such as clubs, cinema shows and canteen
only for the benefit of its members and their families.
e)
To establish, maintain, run, raise, realise, develop, impose, extend and
grant sponsorship to internal organisations, for the better building
maintenance and running residential spaces in Skyline Alton Heights
Apartments.
f)
To do all such other acts and things as are or may be deemed incidental or
conducive to the attainment of all or any of its powers.
And it is hereby
declared that in foregoing clauses the intention is that the objects
specified in each paragraph except where otherwise specified, be
independent maintain objects and shall be in no way limited or restricted
by reference or interference from the terms of any other paragraph, or the
name of the Association.
g)
To provide amenities to the members of the Association, subject to the
rules of the Association.
h)
To lay out any lands as may be acquired by the Association, into parks,
playgrounds, club house, nurseries, schools, car and scoo ter parking,
hospitals, water works, market and other special amenities.
i)
To carry out any other items of work relating to Skyline Alton Heights
apartments which may be included in accordance with a resolution to be
passed in a General Body Meeting.
j)
If any of the aims and objects of the association is in contravention with
provisions of Travancore-Cochin Literary Scientific and Charitable
Societies Registration Act, 1955, it will be void ab -initio.
k)
To establish, integrated programme related to physical, economic and
mental powers of the people inorder to enable them to meet their basic
human needs through full participation in their on developments.
President
Secretary
Treasurer
l)
To train the villagers to promote family welfare, personal hygiene and
environmental sanitation
m)
To organise and conduct programs for the overall development of women
children and youth.
The following members were elected as office bearers in the General
Body Meeting of the Association held on ………………….
5.
Members of the Committee :
The names, address, designation and occupations of the members of the
Committee to whom, by the Rules and regulations of the Society its
management is at present entrusted are given below.
Sl
NAME AND ADDRESS
DESIGNATION
1.
Dr Saji Radhakrishnan Nair
President
2.
Dr Rakhi Rajesh Menon
Secretary
3.
Dr Shalini Tom
Treasurer
4.
Dr Jijo Jose
Exe.com.Member
5.
Mr Manoj Chacko
Kallupalam
Exe.com.Member
6.
Dr Benjamin George
Exe.com.Member
7.
Mr Thomas John
Exe.com.Member
8.
Mrs Asha Rajaneesh
Exe.com Member
9.
Mrs Suji Cherian
Exe. com Member
6.
OCCUPATION
SIGNATURE
DECLARATION
We, the several persons, whose names and addresses are subscribed above, are
desirous of being formed into a Society, by name ‘Skyline Alton Heights
Apartment Owner's Association”, under the Travancore-Cochin Literary
Scientific and Charitable Societies Registration Act, 1955 in pursuance of
this Memorandum of Association.
President
Secretary
Treasurer
Witnesses:-
Name
Address
Signature
1. ………………….
2. ……………………
Place : Kottayam
Date : ../.../.2014
---------------------------------
President
Secretary
Treasurer
BYE-LAWS OF SKYLINE ALTON HEIGHTS APARTMENT OWNER'S
ASSOCIATION
A.
These Bye-Laws will be known as the Bye-Laws of Skyline Alton Heights
Apartment Owner's Association.
1.
Name : The name of the Association is “Skyline Alton Heights Apartment
Owner's Association”.
The Association is formed under the provisions of the Travancore Cochin Literary Scientific and Charitable Societies Registration Act, 1955
hereinafter referred to in as “Act”.
2.
Registered Office & Address : Registered Office & Address : The
Registered Office of the Association will be at “Skyline Alton Heights
Apartments,Owners Association, Puthenengady, Kottayam, Pin 686001.
Name of the Post Office : Main Post Office Kottayam, Pin – 686001.
3.
Area of Authority
2.
a) Within the Skyline Alton Heights Complex, including the land
appurtenant
thereto
having
71.708
cents
in
Sy.
No.
15/2,16/3,50/3,50/12,50/13,59 in Kottaya m Village described in Sale Deed
No 2158/2010,2159/2010,2160/2010,of Principal Sub Registry Office, in
Kottayam District and Kottayam Municipality and also described in the
sale deeds executed by Skyline Builders , owned jointly by the owners of
Skyline Alton Heights Apartments.
4.
Objectives
1.
To work for the educational, social, cultural
advancement of the members and their families.
and
economic
2 (a) To take over the maintenance of all the common properties of Skyline
Alton Heights apartment complex situated at Puthenengady, Kottayam, Pin
686001, including exquisitely laid landscape area, Association room, Party
area, Fitness Center, Children's Play area, Multipurpose recreation room
with TV lounge, Intercom Facility, All round compound walls with guard
room for 24hrs Security, Generator backup, Water sump, Pump room, Fire
fighting pumps, Store room, Driver's room, Kids cycle parking, Servant's
room, Caretaker's room, Games room, internal phone wirings, garden,
President
Secretary
Treasurer
plant boxes, parking area, including payment of common water and
electricity charges, security cover, maintenance and running of the
generators and
over head expenses, Inclusive of salary, establishment
charges etc., privileges, rights, easements, advantages, appurtenances,
facilities and conveniences whatsoever in any way pertaining to the
various apartments, by a Managing Committee, as provided in the Bye Laws and in accordance with
the
various
terms
and
conditions
incorporated in the sale deeds executed by Skyline Builders in favour of
various apartment owners.
b)
To maintain or arrange for the maintenance and improvements of all
the
common properties, areas, amenities and facilities of Skyline subject to
the provisions of the Bye-laws and sale deeds
c)
To represent the members of the Association in all matters pertaining to
the common properties of the building aforesaid known as Skyline Alton
Heights Apartments to negotiate, carry out litigations and settle any
matters affecting the common rights and properties of Skylin e Alton
Heights Apartments.
d)
To establish and carry on its own account or jointly with individuals or
institutions, educational, physical, social, cultural, recreational, medical
and public health activities such as clubs, cinema shows and canteen
only for the benefit of its members and their families.
e)
To establish, maintain, run, raise, realise, develop, impose, extend and
grant sponsorship to internal organisations, for the better building
maintenance and running residential spaces in Sk yline Alton Heights
apartments.
f)
To do all such other acts and things as are or may be deemed incidental or
conducive to the attainment of all or any of its powers.
And it is hereby
declared that in foregoing clauses the intention is that the objects
specified in each paragraph except where otherwise specified, be
independent maintain objects and shall be in no way limited or restricted
by reference or interference from the terms of any other paragraph, or the
name of the Association.
g)
To provide amenities to the members of the Association, subject to the
rules of the Association.
h)
To lay out any lands as may be acquired by the Association, into parks,
playgrounds, club house, nurseries, schools, car and scooter parking,
hospitals, water works, market and other special amenities.
i)
To carry out any other items of work relating to Skyline Alton Heights
Apartments which may be included in accordance with a resolution to be
passed in a General Body Meeting.
President
Secretary
Treasurer
j)
If any of the aims and objects of the association is in contravention with
provisions Travancore - Cochin Literary Scientific and Charitable
Societies Registration Act, 1955, it will be void ab -initio.
k)
To establish, integrated programme related to physical, economic and
mental powers of the people inorder to enable them to meet their basics
human needs through full participation in their on developments.
l)
To train the villagers to promote family welfare, personal hygiene and
environmental sanitation.
m)
To organize and conduct programs for the overall development of
women, children and youth.
B.
WORKING HOURS : On working days 9.30 AM to 5.30 PM
C.
DEFINITIONS :
C1.
Member:- The owners or spouses or children of the owner above the age of
18 years or parents designated for each apartment unit in the “Skyline
Alton Heights Apartments” shall hold membership in the association and
shall constitute General Body of the association.
C2.
Managing Committee means the Committee duly elected by the members
of Skyline Alton Heights Apartment Owner's Association, having a
strength of Seven members.
C3.
‘President’ means a member of the Association duly nominated or elected
as the President from among the members on an honorary basis.
Secretary shall perform the duties of the P resident in his absence.
C4.
“Secretary’ or ‘Treasurer” means, a member of the Association nominated
or elected as Secretary or Treasurer from among the members on an
honorary basis.
C5.
“Members of the Managing Committee” means, the members elected to the
Managing Committee by the members of the Association on an honorary
basis. A tenant will have no right to get elected to the Managing
Committee.
C6.
“Association” means Skyline Alton Heights Apartment Owners’ Association or all
of the apartment owners acting as a group in accordance with the Bye-laws.
C7.
“Apartment” means a part of the property intended for any type of
independent use, including one or more rooms or enclosed spaces located
on one or more floors (or part or parts thereof) in a building, intended to
be used for residential purposes and with a direct access to a public street,
President
Secretary
Treasurer
road or highway or to a common area leading to such street, road or
highway.
C8.
“Apartment Owners” mean any person or persons owning one or more
apartments and having an undivided interest in the common areas and
facilities in the percentage specified and established in the sale deed.
C9. “Apartment number” means the number or combination of number and
letter designating the apartment in the sale d eed.
C10. “Building” means the building comprising of all apartments including
common area and forming a part of the property.
C11. “By-laws” means the By-laws of the Association of Skyline Alton Heights
Apartment Owners.
C12. “Common areas and facilities”, unless otherwise provided in the sale deed
or lawful amendments there to means: -
a)
The land on which the building is located.
b)
The foundations, columns, girders, beams, supports, main walls, roofs,
halls, corridors, lobbies, stairways, fire-escapes and entrance and exit of
the building.
c)
The basements, cellars, yards, gardens, parking areas and storage spaces.
d)
The premises for the lodging of persons employed for the management of
the property.
e)
Installation of central services, such as power light and garbage chute.
f)
Elevators, tanks, pumps, motors, fans, compressors, ducts, and in general
all apparatus and installations existing for common use.
g)
Such community and commercial facilities as may be provided for in the
sale deed,
h)
Filtration plant, generator, and
i)
All other parts of the property necessary or convenient to its existence,
maintenance and safety, or normally in common use.
C13. “Common expenses”, means: a)
All sums lawfully assessed by the Association
b)
Expenses of administration, maintenance repair or replacement of the
common areas and facilities.
President
Secretary
Treasurer
c)
Expenses agreed upon form time to time as common expenses by the
Association
d)
Expenses declared as common expenses by the provisio ns of this
Memorandum or the By-laws.
C14. Excess of income over expenditure means the balance of all income, rents,
profits and revenues from the common areas and facilities remaining after
the deduction of all the common expenses.
C15. “Competent Authority” means the persons authorised by the Government,
by notification in the gazette, to perform the functions of the competent
authority for such areas as may be specified in the notification.
C16. “Property” means, land, the buildings, improvements and structures
thereon, all owned in freehold or held on lease or as occupant under any
law for the time being in force and all easement rights and appurtenances
belonging thereto, and all articles of personal property intended for use in
connection therewith which have been or are intended to be submitted to
the provisions of the Apartment Ownership Act, 1983.
C17 “State” means the State of Kerala.
D1. FURTHERANCE OF ACTIVITIES:
The General Body of the Association shall chalk out the policies and
courses of action from time to time for the progress and financial
standing of the Association, and the Managing Committee shall put
them into effect in concurrence with sale deeds executed by Skyline
Builders in favour of various apartment owner s.
D2. TERMS OF OFFICE :
The term of office of the members of the Managing Committee shall be
for a period of one year.
D3. RESPONSIBILITIES :
The Managing Committee will be responsible for carrying out the
maintenance and repair of the common a reas and facilities, make payments
thereof and also carry out any other item of work duly authorised by a
resolution passed by the General Body of the Association. Resolution is
required to be passed only for onetime payment of above Rs.25,000/- in
the Executive Committee Meeting.
President
Secretary
Treasurer
D4. MEMBER-ELIGIBILITY, NOMINATION, VOTING RIGHT :
a)
The Owners/Spouses/Children of owner above the age of 18 years/ parents
designated for each residential apartment in the building viz, Skyline
Alton Heights Apartments shall hold membership in the Association and
shall constitute the General Body of the Association. The owner may
transfer the membership in the form of proxy to the name of the tenant
until he chooses to remain otherwise In such cases, if the owner withdraws
the authorization of the member, the membership is deemed to be
transferred or taken over by the owners themselves. In case of sale or
transfer of ownership of apartment, the membership of the Association
will be deemed to be transferred from the se ller/transferor to the
Purchaser/transferee, along with the maintenance deposit.
b)
Owner/Spouse/Children of Owner above the age of 18 years / parents, as
may be designated, of each residential ap artment can appoint in writing
addressed to the President of the Association any person to represent
him/her and such person shall be known as “Member”. In case the owner
of an Apartment is minor, his/her legal gua rdian shall be a member of the
Association.
c)
Each member shall have only one vote per apartment. A member having
more than one apartment will have the number of vote s in accordance
with the number of apartments he/she holds in his/her name. A
member who is in default of payment of maintenance charge for 3 months
consecutively shall have no right to vote in any meeting.
d)
Any member having valid right to vote may appoint any person as his
proxy. Such appointment of Proxy shall be in writing addressed to the
President of the Association. Such proxy of a member can represent one
member and no person can hold proxy for more than a member.
E.
STATUS OF APARTMENT, COMMON AREAS & FACILITIES :
a)
All units shall be used purely as residential apartments only. The
Managing Committee is empowered to ensure that the units are not
utilised for any other purpose other than residential.
b)
The common areas and facilities shall remain undivided and no apartment
owner or any other person shall bring any action fo r partition or division
on any part thereof.
c)
Each apartment owner may use the common areas and facilities in
accordance with the purpose for which they are intended without
hindering or encroaching upon the lawful rights of the other a partment
owners. Prior sanction in writing has to be obtained from the
Managing Committee for the use of party area for family functions of
the members like birthday parties/ functions related to death of a
member/ family member, etc.. No member shall do any construction
President
Secretary
Treasurer
work in the area earmarked for common area and in the area where no
exclusive right is envisaged by the title deed executed by the builder.
d)
e)
The necessary work of maintenance, repair of co mmon areas and facilities
shall be carried out only as provided in the By-laws. However, no
additions or improvements thereto shall be a llowed without consent of the
Apartment Owners’ Association. The Association will duly inform the
builder about any changes which require expert opinion from the
builder.
Excess of Income over Expenditure and expenses:
The excess of income over expenditure of the financial year shall be
treated as emergency fund/ reserve fund so as to meet any unexpected
general maintenance of Skyline Alton Heights Apartments or for the
periodical general maintenance as decided by the General Body from time
to time. Whereas any expenditure over income of any financial year shall
be divided among the members in accordance with the total number of
apartments owned or possessed by the members among the members,
treating as balance of common maintenance expenses payable to the
Association for the period and the same are liable to be paid within the
specified time as decided by the General Body.
F.
MAINTENANCE DEPOSIT
a)
The maintenance deposit collected by the promoters, M/s. Skyline
Builders, Kochi will be transferred to Skyline Alton Heights Apartments
Owners’ Association after deducting the expenses incurred for the
maintenance after the management committee takes the charge. The fund
created by such membership fees shall not be utilized for meeting
common expenses but can be used as overdraft by the Managing
Committee subject to ratification within 90 days by the General Body.
b)
The liability of the monthly maintenance charges/fees or any other charges
as fixed by the General Body of the Association s hall remain the liability
of the owner until it is discharged in full even if the flats are rented out by
the Owner.
c)
Owners are liable to pay the monthly maintenance charges on or before the
10 th of every month. However, should members be willing to pay the
monthly maintenance for a period of one year as advance, there may some
discounts and the same shall be proposed in and decided by the General
Body. Payments shall be made by cash or cheque/DD, being payable at
Kottayam drawn in favour of Sk yline Alton Heights Apartments Owners
Association.
G.
DUTIES AND POWERS OF THE PRESIDENT
a)
The President shall have a general control over all the affairs of the
Association.
President
Secretary
Treasurer
b)
He shall preside over the Managing Committee meetings as well as the
General Body Meetings.
c)
In case of emergency he shall convene special meetings of the Managing
Committee or General Body Meeting by giving written notice, at least
fifteen days in advance normally but shall not in any case be less than two
clear days.
d)
All resolutions passed by the Managing Committee shall be deemed to
have the approval of the President and he/she shall sign in the Minutes
Book of the Meetings held.
H.
DUTIES AND POWERS OF THE SECRETARY
a)
The Secretary shall be responsible fo r the executive administration of the
Association subject to the control of the Committee. He shall look after
the day to day administration.
b)
The Secretary can take action against members who violate the rules and
by-laws of the Association, with the approval of the President or
Committee.
c)
The Secretary shall have the power to convene the Managing Committee
meetings once in every month by giving a week’s notice.
d)
A Minutes Book will be maintained by the Secretary for recording the
proceedings of the Managing Committee and the General Body Meetings.
e)
The Secretary will have the power to regulate the use of common areas
including open spaces, land areas, staircases, terraces etc. keeping in view
the common good of the members.
f)
The Secretary shall be responsible for carrying out the decisions taken at
the Managing Committee Meetings.
g)
The Secretary shall have the power to incur expenses up to Rs.10,000/per month on his recognizance and upto Rs.25,000/- per month with
the written consent of the President. For amounts above Rs. 25,000/ consent of the Executive Committee in writing shall be needed.
h)
The Secretary shall ensure that all expenses incurred for the maintenance
and other works relating to the common areas shal l be supported by a
resolution passed by the Managing Committee.
i)
The Secretary shall assist the Treasurer in maintaining the Accounts.
j)
All amounts collected will be remitted into a Bank to be decided by the
Managing Committee.
President
Secretary
Treasurer
k)
I.
The Secretary or Managing Committee if required by the by-laws or by the
majority of the apartment owners, shall obtain insurance for the property
against loss or damage by fire, or such other hazards as shall be required
or requested to the approval of the General Body.
DUTIES AND POWERS OF THE TREASURER
The Treasurer shall have the custody of all the properties of the
Association, including the funds of the association and shall be
empowered to operate the bank account in any scheduled bank as
decided by the General Body and shall sign the cheques jointly with the
Secretary/President for incurring expenditure relating to the day to day
working of the Association.
b)
The Treasurer shall maintain proper account books signed by him/her and
the same shall be produced to the Committee monthly and to the General
Body every year and is responsible jointly with the Secretary for the
proper maintenance of accounts of the Association.
c)
The Treasurer shall be responsible for collecting the share of the common
expenses in the form of subscriptions from the apartment owners and also
any other amount as authorised by the General Body.
J.
DUTIES AND POWERS OF THE MANAGING COMMITTEE
a)
The General Body shall elect the honorary office bearers constituti ng one
President, Secretary, Treasurer and 6 Committee Members for its
Managing Committee. The term of the office of the Managing
Committee shall be for a period of one year. The quorum for holding a
meeting of the Managing Committee shall be simple ma jority of managing
Committee.
b)
An elected Committee Member may resign at any time by sending a letter
of resignation to the President but such resignations shall take effect
only from the date on which it is accepted by the Committee. The
Committee has to consider the resignation immediately in the next
committee meeting or within 25 days whichever is earlier and
decision
shall be communicated to the members by a circular within 15 days from
the date of such committee meeting.
c)
Should a committee member absent himself from three consecutive
meetings without leave of absence from the Committee, he/she shall cease
to be member of the same unless a majority of the remaining Committee
members decides otherwise. There shall be at least one me eting of
the
Committee every month but interval between two such meetings shall
not exceed forty five days,
d)
In case of any vacancy during the tenure of office, from amongst the
office bearers, the Managing Committee shall fill up such vacancy
from the members of Association.
President
Secretary
Treasurer
e)
The Managing Committee shall have power to appoint security staff, and
other staff as required for the proper running of the Association and fix
their terms and conditions of service etc
f)
The election to the Managing Committee will be held at the Annual
General Meeting and members of the Association who have completed the
age of 18 will be eligible to stand for the election. The elections should
ordinarily be held on the second Saturday of every year or as decid ed by
the General Body. The Election Day, may however be fixed for any other
public holiday in case of an extra -ordinary situation on the basis of a
resolution of the Managing Committee.
g)
The Treasurer of the Managing Committee shall be responsible for
collection of monthly maintenance charges etc. from the members, on the
rates/installments, decided and approved by the General Body from time to
time. All collection made by the Managing Committee, shall be strictly on
the basis of resolutions passed thereof by the General Body. The Managing
Committee shall have the power to take action against defaulting members
as provided in Clause F(b).
h)
Any vacancy arising in the post of President, Secretary and Treasurer due
to resignation or otherwise shall be filled up by the Managing Committee
from amongst themselves.
i)
The Managing Committee shall have the irrevocable rights to access to
each apartment from time to time, during reasonable hours as may be
necessary for the maintenance, repai r and replacement of any of the
common areas and facilities therein or accessible there from, or for
making
emergency repairs therein necessary to prevent damage to the
common
areas and facilities to another apartment or apartments.
j)
The Managing Committee shall have the power to make regulations,
instructions, terms; conditions etc. and implement the same from time to
time in accordance with the changing situations which are affecting
common issues of all the members in the Skyline Alton Heights
Apartments. The decision taken by the Managing Committee is binding
on all the members. However the decisions are subject to the ratification
of the next general body or within 6 months whichever is earlier.
k)
The Managing Committee shall have the powe r to refix the monthly
maintenance or any other charges etc., for each apartment which
should be ratified by the Annual General body.
l)
The Managing Committee shall take up legal action, suits etc., if
considered necessary.
m)
If a notice from a member supported by 25% members that a particular
matter should be referred to the General Body for a decision is received,
the Managing Committee will take suitable action.
President
Secretary
Treasurer
n)
The Managing Committee shall assist Secretary for conducting the day
to day affairs of the Association.
K.
VOTING RIGHT AND RIGHT AND DUTIES OF MEMEBERS:
a)
The member can appoint any person who has completed 18 years of age to
represent the owner before general body with the latter’s consent. That
person is permitted to vote only through a letter of proxy given by the
member.
b)
A member who is eligible under Clause D4( b ) shall have the right to vote
at the General Body Meeting and shall have the right to elect members of
the Managing Committee on the princi ple of one vote per apartment. The
total number of votes for the Alton Heights Apartment Association is
46.
c)
A member is permitted to vote by proxy, where such proxy is given in favour of his
or her spouse or guardian residing in the flat or any other person as provided in
Clause D4 (d).
d)
Member or association is not permitted to display any sign board, advertisement
board, or designs of any in the common area of the apartment nor to display any sign
board, advertisement board, or designs of any other builder in the common area
other than that of Builder M/S. Skyline Builders.
e)
A member shall not carry on any trade or business offensive in nature or
which may become in any way a nuisance or danger to the owners of the
other premises or their successors in title or to the occupiers or owners of
any neighboring property or which may cause to depreciate the value of
the other premises or of any other part thereof. The Managing
Committee shall be the final authority in such matters.
f)
A member shall not do anything or act in any way prejudicial to the free
use of all easements of their co -owners and the member shall be
entitled to enjoy the property along with other members or occupants of
Skyline Alton Heights Apartments.
g)
A member shall bear all expenses in common with the other owners of the
apartments including salary of day and night watchmen, care taker,
sweeper, routine maintenance of generator, pump sets, sanitary and
electrical lines common to all premises, replace ment or switches and
bulbs in corridors, share in water charges, cleaning the common places
and watering the plants, electrical charges for the common lighting,
generator set, pumps sets and elevators and cost of any major repairs to
the structural, sanitary and electrical system, elevator, pump sets and
generator of the apartment building.
President
Secretary
Treasurer
h)
A member shall bear all expenses in common with the other owners
incurred for painting the outside of the apartments stairway lobby, car
parking area, office and other common areas done between three to five
years after the commissioning of the building and subsequently between
every three to five years period or as decided in General Body.
i)
A member shall co-operate in keeping clean the common areas such as the
front, rear and side yards, foyer, stair ways, open terrace, elevator etc.
j)
A member shall not throw debris and wastage or garbage or any other
sanitary items from the balconies and windows on to the open yard or the
neighboring compounds, or dumb sanitary napkins, contraceptives into
W/C which shall hamper the proper functioning of STP and instead they
shall be dumped into a common bin with the garbage securely segregated,
bagged placed in a corner of the premises at the ground level , or at any
other point or points designated for the purpose.
k)
A member shall not utilize the services of the employees of
Association for his/her personal work.
l)
A member shall not tamper with or damage the glass panels of the
entrance door and windows in the foyer and stair way, the staircase
handrails, the landings and steps while taking in and taking out house hold articles.
m)
A member shall use all sewers, drains/water courses and elevator now
installed in common with the other flat owners and shall share the cost of
repairing and maintenance of the same.
n)
A member who has not been provided car/scooter parking space shall not
park any of his/her vehicles in the car parking lots of other flat owners or
in the driveways. Such members shall be permitted to park only in places
designated for the purpose of common parking, which is outside the
compound.
o)
In case a member lets out his/her flat for rent, he/she shall include in the
agreement with the tenants the above and below clauses for the welfare of
the occupants of the other flats. The member may keep the association
informed about the details of the tenant or other occupants for the security
reasons
p)
A member shall pay the monthly common expenses dir ectly to the
Owners’ Association even if the flat is rented out or kept locked up.
q)
The Managing Committee shall have the right to refuse or permit use of
the common facilities/services to any member who has committed
default in
payment of common maintenance charges. Such power shall
be exercised by the Managing Committee only after giving the defaulting
members 15 days notice in writing regarding the said default and the
member concerned fails to pay the arrears claimed within the said period
President
Secretary
Treasurer
the
of 15 days. The members shall not have any right to resist such action
unless he has paid the amount demanded and the payment is evidenced by
official receipts.
r)
Compliances with covenants by-laws and administrative provisions:-
Each apartment owner shall comply strictly with the and with the
administrative rules and regulations adopted pursuant thereto, and
with the covenants, conditions and restrictions set forth in the
construction agreement or in the sale deed to his apartment. Failure to
comply with any of the same shall be a ground for action to recover sums
due, for damages or injunctive relief or both maintainable by the Secretary
or Managing Committee on behalf of the Association of Apartment
Owners
or in a proper case, by an aggrieved apartment owner.
s)
Certain works prohibited:
No apartment owner shall, without the previous unanimous consent of all
the other apartment owner does any work, which would:
i) Jeopardise the soundness or safety of the property, or
ii) Reduce the value of the property, or
iii) Impair any easement or hereditament or
iv) Add any material structure to his apartment or excavate any additional
basement or cellar in the property.
t)
Waiver of use of common areas and facilities :
No apartment owner shall be entitled to exempt himself from liability for
his contribution towards the common expenses by waiver of the use or
enjoyment of any of the common areas and facilities or by abandonment
of his apartment.
u)
Charges on property for common expenses:
All sums assessed by the Association of Apartment Owners but unpaid for
the share of the common expenses chargeable to any apartment shall
constitute a charge on such apartment and shall have priority over all other
charge, except only:i) Charge, if any on the apartment for payment of taxes due to the
Government or a local authority, and
ii) All sums unpaid on a first mortgage of the apartment.
v)
Jointly and severally liable of the vendor for unpaid common expenses :-
1)
On the sale of an apartment, the purchaser of the apartment shall be
jointly and severally liable with the vendor for all unpaid assessment
against the vendor for his share of the common expenses up to the
President
Secretary
Treasurer
time of the sale without prejudice to the p urchaser’s right to recover
from the vendor the amount paid by the purchaser therefore.
2)
Any such purchaser shall be entitled to a statement from the Secretary or
Managing Committee setting forth the amount of the unpaid assessment
against the vendor, and such purchaser shall be liable for, any unpaid
common expenses against such apartment.
L.
GENERAL BODY MEETING
a)
All the members of the association shall form the General Body. The
committee shall hold General Body Meeting at least once a year in the
month of June.
b)
The quorum of the General Body Meeting shall be 1/3 the total members
and (inclusive of at least 4 office bearers of the association).
c)
The General Body Meeting shall be held at any of the office space of the
Association or at such other places as the Managing Committee may
decide from time to time. 15 days clear notice shall be given to the
members before a General Body Meeting is convened.
d)
An extra-ordinary General Body Meeting will be called by the President or
Secretary, provided 3 Members give notice in writing to the President or
Secretary for an extra-ordinary General Body Meeting giving reasons for
calling such a meeting. It will be mandatory for the President or the
Secretary and in their absence for any member of the Committee to call for
an extra-ordinary General Meeting within 30 days from the date of receipt
of such notice. A 10 days notice should be given to members before
calling such meeting.
e)
The President shall preside at the General B ody Meeting. In the absence
of the President the members present, may choose a Chairman from among
themselves to preside over the meeting. Every issue can be decided
unanimously or majority vote by members and proxies present. At the
General Body Meeting, the voting power of each member and proxy shall
be as mentioned in the above clauses. Voting in the General Body Meeting
is by-show of hands and if desired, by secret ballot. The ultimate authority
in all matters relating to the administration s hall be vested with the
General Body. The Managing Committee shall not have any power to deal
with items mentioned below in Clause M.
M.
The following matters shall be decided by the General Body by a
Resolution passed by 3/5 th majority of the members present and such
decision shall be implemented by the Managing Committee.
a)
Passing of Accounts.
b)
Election and removal of members of the Managing Committee.
President
Secretary
Treasurer
c)
The amendment and repeal, of the rules by laws and membership of the
Association.
d)
Disciplinary action to be taken against any member who violates the rules
and by-laws of the Association or acts in any way against the interests of
the Association.
N.
ACTION
a)
Without limiting the rights of any apartment owner, actions may be
brought by the Secretary or Managing Committee, in either case at the
discretion of the Managing Committee, on behalf of two or more of the
apartment owners as their respective interest may appear, with respect to
any cause of action relating to th e common areas and facilities.
O.
Act to be binding on apartment owners, tenants etc.
a)
All apartments owners, tenants of such owners, employees of such owners
or tenants, or any other person who may in any manner use any property
or any part thereof submitted to the provisions of this Act shall be subject
to this Act and the by-laws of the Association of Apartment Owners’
adopted pursuant to the provision of this Act.
b)
All agreements, decisions and determinations lawfully made by the
Association of Apartment Owners’ in accordance with the voting
percentages established under this Act, or the by-laws shall be deemed to
be binding on all apartment owners.
P.
REPORTS & RETURNS
The Secretary shall be responsible for rendering all report s and returns to
the authorities either annually or as called for from time to time, by the
Committee Members.
Q.
ASSETS AND FUNDS
a)
Membership fees constituting the maintenance deposit transferred by the
promoters.
b)
Monthly maintenance charge collected from the members.
c)
Any sum or assets as may be contributed, donated and bequeathed by any
person or persons, firm or company by State or Central Government or
other authorities to the Association or any other Association.
d)
All interest or other income arising out of the said funds.
e)
All assets that may be purchased or acquired from or out of the said funds
or otherwise acquired by the Association.
President
Secretary
Treasurer
f)
All investments and realisation thereof from or out of the said fund and
assets.
g)
All funds and assets, which have by any means become the property of the
Association.
R.
AUDIT OF ACCOUNTS
Financial year of the Association shall be from 1st April to 31st March of
the succeeding year. Audited accounts of the Association for th e year
ending 31st March shall be placed for the consideration and approval of
the members and the Annual General Body Meeting of the Association to
be held in June of the same year. Besides approving the accounts the
meeting will also elect the Office Bearers and members of the Managing
Committee who will take charge of their functions immediately after the
Annual General Body Meeting. General Body at the same meeting will
also appoint a qualified Auditor for the current year and fix his
remuneration.
S.
CODE OF CONDUCT
1.
GENERAL
The Owner/Resident shall not do the following:
a)
Installation or exhibition of any extraneous materials like sign boards,
advertisements etc. in such a manner that may affect the aesthetic outlook
of the apartment complex as conceived by the Architect and
promoters.
b)
Making or permitting any disturbing noises in the colony by himself, his
family members or friends, which will interfere with the rights, comforts,
or convenience of the other residents.
c)
Playing, operating radio, television or phonograph in such a volume as to
disturb or annoy other residents.
d)
Obstructions of the internal passages by their goods, for any purpose other
than ingress or egress from and to their respective apar tments.
e)
Sweeping or throwing, or permitting to be swept or thrown from the
apartment any litter or other materials into any of the drains, or side walks
of the said colony and throwing of any objects into the neighbors
premises as well as into the drains.
f)
Keeping pets, domestic animals inside and outside of the
premises/apartments including common area in view of the general safety
and inconvenience to the other owners.
President
Secretary
Treasurer
g)
Keeping bicycles, tricycles, baby carriages and other vehicles o f like
nature in the common areas to the disagreement of the other owners.
h)
Using or keeping in the apartment or premises any explosives or
inflammable materials except those which are normally used for domestic
purposes.
i)
Permitting children to play in the Public areas/corridors except in their
regular playground areas that may be provided for children’s use.
j)
Storing of unsightly items in the balconies or porches or terraces, as it
would affect the aesthetic value of the apartment comple x as a whole.
k)
Throwing of cigarette butts/covers/eatables/wastes etc. in the common
areas.
l)
No permanent construction whatsoever in nature is allowed in the common
area specified.
2.
CAR PARKING IN THE COLONY.
a)
Permanent residents must use their own car parks only and shall not park
their cars in the driveway nor in the visitors’ slots.
b)
Drivers in permanent employment are not to loiter inside the apartment
complex.
d)
Spare parts should not be left loosely.
e)
The Association must be informed of Drivers in permanent employment.
f)
Bicycles, scooters, etc. are to be parked in the respective car parks only.
g)
Parking the car shall be at the sole risk of the apartment owner.
3.
ENTRY INTO THE APARTMENT COMPLEX
a)
The association reserves the right to refuse entry to any person to the
colony unless and until they are convinced of their genuineness and
bonafide, supported by proof of permission from the actual
owner/tenant of the house.
b)
The members/residents shall inform the Secretary of the Association the
details of their Drivers/Servants and other Vendors etc. who has free
access to their house. Even live -in drivers/servants shall be identified
properly.
c)
The Managing Committee may issue proper identity cards to such
drivers/servants as well as to other vendors for proper identification at the
entry gate.
President
Secretary
Treasurer
4.
RENTING OF PROPERTY
a)
If the owner so desires to rent the house to a tenant, it shall be the
responsibility of the owner to ensure that the tenant follows all the
provisions of this Agreement in letter and spirit.
b)
The apartments are not to be used or caused to be used, either in expressed
form or in any disguised form, as business/ commercial/entertainment
place and should only be used for residential purpose. And apartment
owner is not permitted to let out their premises wholly or partly for short
stay to any persons/authority.
c)
Keep the Association informed about the details of the tenants in order to
keep the record of the people staying and for to security reasons.
d)
Keep the association informed on their intention to dispose off in order to
give other members preference within a limited period.
e)
A letter from the seller and buyer should be taken having disposed/tak en
over and requesting to make the new member as Association member.
f)
The new member to be admitted by the Managing Committee after
agreeing to follow the by-laws of Association during a managing
committee meeting after proper recording the same i n the minutes. The
new member should be present in the meeting.
T.
AMENDMENT OF BYE-LAWS
The General Body may from time to time, amend or alter the memorandum
or by-laws except the objectives and the name of the Association, if it is
passed by 3/5 majority of members present but minimum ¼ th owner
members shall be present.
U.
DISSOLUTION
The dissolution of the Association shall be decided by the General Body
by the 3/4th majority of the total strength of the members of the
Association having valid voting rights. Upon the dissolution of the
Association out of the remains, after satisfaction of all its debts and
liabilities and property and assets whatsoever left, the same shall not be
paid to or distributed among the members of the Associati on or any of
them but shall be given to the next Association with similar objectives and
determined by votes of not less than 3/4rd of the members present or by
proxy at the meeting of dissolution or in default thereof by the court.
This bye-Law has been approved by the Executive Committee Meeting of
the Association held on 20-02-2015.
President
Secretary
Treasurer