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1BYE- LAWSName of the Association 1. The name of the Association shall be “The Central Park Apartment Owners Association”, hereinafter referred to as the Association.Registered Office 2. The Registered Office of the Association shall be at Elcot Avenue, Sholinganallur, Chennai 600 119.Date of Formation 3. The Association shall come into existence with effect from 09.03.2012.BUSINESS HOURS OF THE ASSOCIATION : 4. The business hours of the office of the Association shall be from 9.00 a.m.
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BYE- LAWS
Name of the Association
1. The name of the Association shall be “The Central Park Apartment Owners
Association”, hereinafter referred to as the Association.
Registered Office
2. The Registered Office of the Association shall be at Elcot Avenue,
Sholinganallur, Chennai 600 119.
Date of Formation
3. The Association shall come into existence with effect from 09.03.2012.
BUSINESS HOURS OF THE ASSOCIATION :
4. The business hours of the office of the Association shall be from 9.00 a.m.
to 1.00 p.m. and from 2.00 p.m to 6.00 p.m. on all weekdays except on
Sundays and such other holidays as may be fixed from time to time by
the Executive Committee of the Association.
REGISTRATION DISTRICT :
5. The office of the Association is situated within the Registration District of
Chennai South and the Sub – Registration District of Neelankarai.
OBJECTS OF THE ASSOCIATION:
6. The Objects and activities of the Association shall be :
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6.1. To arrange for the maintenance of the common built-up areas in the
building complex known as “THE CENTRAL PARK”, the exterior of the
building complex, the open areas around the building, the compound
wall, the passage ways and all the common amenities, facilities,
fittings and equipment provided in or around the said building
complex including borewells, tanks, sumps, pumps, garden/
landscaping, lighting, gates, elevators, common water and sewerage
lines, Diesel Generator sets, common electrical cables and wiring,
intercom system etc.(all of which collectively, are herein referred to
as The Common Areas, Facilities & Amenities);
6.2. To manage, administer and regulate the usage of The Common
Areas, Facilities & Amenities;
6.3. To cause repairs and replacement works to be carried out to The
Common Areas, Facilities & Amenities and to engage workmen,
technicians, carpenters, gardeners, electricians, plumber or other
persons to carry out such repair/maintenance works;
6.4. To cover any of The Common Areas, Facilities & Amenities under
Maintenance Contracts and/or Insurance policies;
6.5. To identify, negotiate with and engage suitable persons,
organisations or agencies to provide security services, house-
keeping, handy-man services, and supervisory services, if deemed fit
and expedient, for The Common Areas, Facilities & Amenities;
6.6. To make arrangements for sharing, on a periodic or lump sum basis,
the routine as well as non-routine costs, expenses and charges
incurred for or in relation to all or any of the above mentioned
activities in proportion to the built-up area of the apartment/ unit that
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is owned/ occupied by each owner/ resident of the apartments/ units
in the building complex known as “ THE CENTRAL PARK”;
6.7. To take lawful steps for recovery of arrears/ dues from any owner(s)/
resident(s) of apartments within the building complex known as “THE
CENTRAL PARK” towards the costs, expenses and charges incurred
for or in relation to all or any of the above mentioned activities;
6.8. To ensure that all the apartments in the building complex known as
“THE CENTRAL PARK ” are used only for residential purposes;
6.9. To foster fellowship and cordial relationship amongst the owners
and/or residents of the building complex, to unite a common bond of
such fellowship and, to pursue and strive for the economic,
recreational and cultural benefits of the members;
6.10. To facilitate discussion and consider all civic problems
affecting the members with a view to promoting their general welfare
and to take all steps necessary for the welfare and protection of the
members and their properties including if necessary, to initiate,
defend or carry on legal proceedings, negotiate, compromise and
settle disputes on matters affecting common rights and properties of
the residents and owners of “THE CENTRAL PARK”;
6.11. To raise funds through Subscription, membership charges or
donations for the management of the affairs of the Association and to
invest or utilise such moneys, amongst other things, for maintaining,
operating, improving or protecting The Common Areas, Facilities &
Amenities in the building complex;
6.12. To create and maintain one or more Bank Accounts into which
all income and other funds belonging to the Association are credited,
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to invest these funds in approved financial instruments as permitted
from time to time and to apply funds for the attainment of the objects
specified herein and for the benefit of the members of the
Association;
6.13. To prevent the usage of owner’s car parking lot/s or the
common areas such as lobbies, staircase, terrace and other common
areas for storage of personal or privately owned materials/
equipment;
6.14. To regulate the usage of the specifically designated areas for
eating, resting, sleeping etc. by owner’s domestic help and/or drivers
and/or workmen, including those of the visitors to the respective
owners, and to ensure that the common staircase, common corridors,
terrace and other common areas are not used for any of such
purposes;
6.15. To take steps for prevention of garbage, waste, etc., being
thrown or disposed of at any places other than at the places/
receptacles/ bins ear-marked or provided for such purpose;
6.16. To collect compensation for any damage to The Common
Areas, Facilities & Amenities caused by any negligence or by any
deliberate act on the part of the any owner/s or their respective
family members, guests, children, domestic help /employees/ drivers
or agents;
6.17. To direct any owner(s)/ resident(s) to carry out within his/ her/
their respective apartment, such repair as may be necessary to
alleviate any problems caused to any of the other apartments in the
building or the occupants thereof;
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6.18. To take steps for prevention of repairs, renovations or
modifications of any common areas or any apartments or portions
thereof if any of the related works are likely to have an adverse effect
on the neighbouring apartments or the strength of the walls or
foundation or roof/flooring/walls of other apartments or which might
prejudice the structural integrity and aesthetic appeal of the building.
6.19. To regulate repair/ renovation/ modification/ installation works
or noisy activities in individual apartments which unduly disturb
occupants of neighbouring apartments during unreasonable hours or
which pose a hazard or pollute the users of nearby common areas or
neighbouring apartments.
6.20. To obtain undertakings from all members that any sale or
lease or transfer of their respective apartments will be effected only
after all his/her/their/its dues to the Association are settled in full and
after prospective transferee/s has been made aware of and
consented to be bound by the objects and rules of the Association.
6.21. To fix the responsibility for the payment of the monthly
maintenance charges /fees for the respective member’s apartment
on the member/s concerned and not on the tenant or occupant of the
apartment.
6.22. To ensure that no signboard or advertisements of any kind
except are displayed in the interior or exterior of the building
excepting however the personal name boards of the members near
the entrance and on/next to the member’s apartment.
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6.23. To pay the charges, levies, and deposits for service/utility
connection provided to common areas or for the common
purposes/usage of all the apartment owners.
6.24. To hold meetings, get-togethers and festival celebrations for
the benefit of all the members;
6.25. To create any web-sites whether interactive or otherwise and
with or without payment gateways or blogs or bulletin boards for
interaction between members inter-se or between members and the
Association;
6.26. To conduct opinion polls either electronically or physically on
major issues concerning all or a majority of the members of the
Association;
6.27. To enter into agreements / contracts / understanding with
third parties in the interest of the Association generally and for the
fulfillment of the abovementioned objects.
MEMBERSHIP
7.1. The owner(s) of any apartment in the building complex known as “The
Central Park” shall be eligible to enroll as a member of the Association
upon agreeing to abide by the Memorandum and Bye-Laws of the
“THE CENTRAL PARK APARTMENT OWNERS ASSOCIATION” and upon
furnishing a declaration to the Association to that effect. When there is
more than one owner of a particular apartment, all the co-owners of
that apartment jointly shall be treated as one owner for the purposes
of membership, voting rights and with respect to the rights and
obligations as a Member of the Association.
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7.2. All references herein to “member” or “member(s) of the Association”
shall be deemed to be references to the owner(s) of any apartment or
a tenant of that apartment, duly authorized (in writing) by the owner(s)
of any Apartment, to act in lieu of the owner(s) of the Association, as
a member of the Association and who agrees to abide by the
Memorandum and Bye-Laws of the “THE CENTRAL PARK APARTMENT
OWNERS ASSOCIATION” by furnishing a declaration to the Association
to that effect. Every such authorisation shall be deemed to have been
terminated with the termination of the tenancy or authorisation as the
case may be.
7.3. Each Member shall have only one vote per apartment. A Member who
is in default of maintenance charge / fees or other dues for 3
consecutive months shall have no rights to vote in any meeting of the
Association.
7.4. Any member entitled to vote may appoint any person as his proxy to
attend the meeting. Such appointment of proxy shall be in writing
addressed to the Secretary to the Association and shall be lodged at
least 48 hours before the scheduled time for commencement of the
meeting.
7.5. The Executive Committee of the Association shall be competent to
remove from the Register of Members, any member:
7.5.1.who ceases to own or reside in any area in the complex known as “The
Central Park”.
7.5.2.who has failed to pay his / her / their/ its maintenance charges or other
dues to the Association for six months.
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7.5.3.whose conduct and behaviour is, in the opinion of the Executive
Committee, anti social or detrimental to the Association.
7.5.4.Any person whose membership has been terminated may be re-
admitted on such terms and conditions as the Executive Committee
may deem fit.
7.5.5.Any member proposed to be removed shall be given notice of such
proposal and he /she shall have the right to put forward his / her case
to the Executive Committee, and the decision of the Committee shall
be final and binding on such member.
7.5.6.Any person whose membership in the Association has been terminated
in any manner shall forfeit all interest in any funds or other property
belonging to the Association and shall not be entitled to any of the
amenities provided to him / her / it by virtue of his / her /its
membership in the Association.
7.5.7.When any person(s) hereafter acquire(s) ownership or tenancy rights
of any apartment, that new owner or tenant shall upon agreeing to
abide by the Memorandum and Bye-Laws of the “ THE CENTRAL PARK
APARTMENT OWNERS ASSOCIATION” by furnishing a declaration to the
Association to that effect, be enrolled as a Member of the Association
and added to the Register of Members.
RIGHTS AND PRIVILEGES OF MEMBERS:
8.1. Members shall have the right to attend and vote at the Annual General
Meetings or Extra Ordinary General Meetings of the members of the
Association on any motion. Members shall have equal right to contest
for the election to the Executive Committee.
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8.2. Members shall have the right to inspect the books of Account, Minutes
Books and other records after giving due notice, during the business
hours of the Association, free of charge.
8.3. A copy of the Bye – laws shall be supplied free of charge to all persons
on being admitted as Members. Additional copies, if required, shall be
supplied on demand on payment of Rupees One Only (Re.1.00/-) per
copy or such other fee as may be prescribed from time to time.
8.4. 1/3rd of the members of the Association shall be entitled to request that
a an Extra Ordinary General meeting of the members of the
Association be convened for any specific purposes and in the event of
such requisition the Executive Committee shall be bound, within 7 days
from the date of receipt of the requisition, to call for such a meeting
giving at least 21 days prior notice of the proposed meeting to all
members. In case the meeting is not convened, the persons who
requisitioned the meeting may call the Extra Ordinary General meeting
of the members of the Association, following the procedure laid down
in the Tamil Nadu Societies Registration Act, 19875, giving 21 days
notice, provided that if ratified by a majority of the members present
and voting at such meeting, a shorter period of notice may be given.
8.5. All members shall have the right to complain to or contact the
Maintenance Office during reasonable hours. If any member is
aggrieved or dissatisfied with the response received from the
Maintenance Office the member may contact the Executive Committee
member from his block for adequate relief or remedy.
OBLIGATIONS OF MEMBERS
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9.1. All members shall be liable to pay Subscription Fees, if any,
determined from time to time at an Extra Ordinary General meeting of
the members of the Association, on such dates and intervals as may be
fixed by the Executive Committee. Likewise, if at an Extra Ordinary
General meeting of the members of the Association, a “Sinking Fund”
or “Corpus Fund” is agreed to be created by at least two-thirds of the
members of the Association, all the members of the Association shall
be bound to contribute to such fund in the proportion of the built-up
areas owned by each member in the building.
9.2. All the members of the Association shall, in proportion to the built-up
area owned by each in the building, share the expenses incurred in
respect of operation, maintenance, repair and/ or replacement of The
Common Areas, Facilities & Amenities and also such other expenses as
deemed necessary by the Executive Committee from time to time.
Such expenses which are to be shared by the members in the manner
aforesaid are herein referred to as Maintenance Charges.
9.3. All members or their authorised representatives shall pay the monthly
Maintenance Charges promptly and without delay. The quantum of
Maintenance Charges shall be periodically reviewed by the Executive
Committee, to fix upward or downward slabs, based on requirement of
funds to meet the objectives and carry on the activities of the
Association. The payment of the said Maintenance Charges shall be
made quarterly on or before the 10th day of each quarter. The first
quarter of a year shall commence on 1st January every year.
9.4. The members of the Association shall be liable to pay Fines on delayed
payment of dues to the Association or on account of violation of the
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bye-laws or any subsequent Rules/ Code of Conduct that may be
adopted and treated as part of the bye-laws of the Association. The
said Rules/ Code of Conduct shall be adopted only after the approval
thereof by a 2/3rd majority of the members of the Association. The
Fines, shall be as decided upon by the Executive Committee and made
known to all members from time to time.
9.5. Members who have any dues outstanding to the Association on any
account whatsoever shall, within 30 days of a notice of demand for the
dues (by registered post/hand delivery) from the Executive Committee
or the person authorized by the Executive Committee, promptly pay
and settle such dues in full. If after 30 days of service of the notice, the
member(s) have not paid their arrears/dues in full, the Association
shall deny common services and facilities (which are paid for by the
Association) to such defaulting member. The facilities will be restored
only after the payment of all arrears with costs.
9.6. Pro-rata charges like for painting or major repairs shall also be shall be
paid in a prompt manner by all members after a decision in this
respect is taken at an Annual General meeting or an Extra Ordinary
General Meeting of the members of the Association.
9.7. Every member shall, at his/her/ their/ its cost, promptly carry out all
maintenance and repair work within each member’s unit, as may be
required to ensure that other areas in the building are not adversely
affected. Any member in default in this respect shall be expressly
responsible for the damages and liabilities that may arise owing to any
delay or failure to carry out the necessary maintenance or repair works
within the member’s apartment.
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9.8. Every member shall be liable to reimburse the Association for any
expenditure incurred in repairing or replacing any common area,
facility or and other apartment/s that are in any way damaged by any
act/omission on the part of that members, whether such act/omission
is on the part of the member or the occupants of the member’s unit or
the member’s employee or agent or workman or visitor. Such damage
shall include :
9.8.1.Leakage from pipes as a result of work carried out resulting in damage
to apartments, common areas, below or above the apartment from
which the problem emanated;
9.8.2.Scratches/ blemishes or damage resulting from moving furniture or
other equipment;
9.8.3.Defacing the walls of balconies or other common areas as a result of
carelessness, negligence including over watering of plants, washing of
balcony areas, or allowing water from drying clothes to drip out of the
balcony;
9.9. In case of difference of opinion and dispute amongst Members
regarding the above, the Executive Committee will inspect and decide
on whom the responsibility for payment of damages caused should lie.
The Executive Committee’s decision will be final.
9.10. Members shall not make any structural modifications or alterations to
their respective units without previously notifying the Association in
writing and without ensuring that no damage is caused or likely to be
caused to any other areas of the building.
9.11. No Installation or construction work shall be carried out on the roof/
terrace of the building unless the Association gets an approval from a
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structural engineer and the consent of the Members using/ owning the
apartments on the topmost floor of the building.
9.12. All member/residents shall grant right of entry to any person
authorized by the Executive Committee, in case of emergency
originating in or involving or threatening any other unit in the building.
9.13. Members/residents shall grant the right of entry to any person
authorized by the Executive Committee through their respective units
at all reasonable hours and after prior notice, for the purpose of
performing installations, alteration, repairs to the mechanical and
electrical service, provided that request for entry are made in advance
and that such entry is at a time convenient to the Member. In case of
an emergency, such right of entry shall be immediately permitted.
Permission shall not be denied to anyone without sufficient reason.
9.14. No Member/resident shall post any advertisement of posters or any
kind in or on the building except at the places specifically earmarked
for this purpose by the Executive Committee.
9.15. Members/Residents shall exercise care and all due consideration
regarding activities resulting in pollution beyond lawful levels whether
in form of noise, foul odour, smoke or other suspended particulate
matter, especially when several other members find the same to be
objectionable.
9.16. Members/Residents keeping domestic animals as pets in their
apartments shall abide by all applicable laws and rules in this regard.
9.17. Members/Residents shall ensure that there is no washing of windows or
balconies which shall result in water falling into another apartment/
room or balcony or into apartments below.
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9.18. Members shall not throw garbage or trash outside the disposal
bins/installation provided for such purposes. In case of disposing large
size or amount of trash which do not fit in building complex’s garbage
bins, residents must make special arrangements through the
Maintenance office for the garbage collection agency/ person to collect
and remove the same.
9.19. Members/Resident shall not install wiring for electrical, or television,
television antenna, machines, air conditioners etc. on the exterior of
the building with out the prior approval of the Executive Committee.
9.20. Member/resident shall not place in the lobbies, stairways, elevators
and other common areas of the building complex, any furniture; shoe
racks, packages, bi-cycles, potted plants or objects of any kind. Such
areas shall be used only to pass and re-pass or ingress and egress.
9.21. Members shall not allow their respective domestic help, workmen,
agents or visitors to loiter in the passages, staircases and the entrance
of the building.
9.22. Members/Residents shall not ask any service staff engaged/employed
by the Association to undertake any personal work/odd jobs, whether
within the apartment or involving their leaving the building complex
during their normal working hours.
9.23. No member shall allow his apartment to be used for any purpose other
than for a residential purposes.
9.24. All members / appointed members shall give due recognition to the
mutual rights of all other members / apartment owners of the
apartment complex. Every Member is equally entitled to enjoy and
avail The Common Areas, Facilities & Amenities. However, every
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member is also equally accountable for abiding by the Bye-laws and
maintaining a cordial atmosphere in the building.
9.25. If there is any change in the postal or e-mail address of a member of
the Association, the member shall notify to the Secretary in writing
giving his new address or e-mail. If he or she fails to do so, the
addresses given in the admission form shall be deemed to be his or her
address for all practical purposes and communication
9.26. All members shall pay their individual water charges, electricity
charges and property taxes promptly to avoid disconnection of
facilities to the whole building.
9.27. All members shall use only the clothing line on the terrace specifically
earmarked for the use of the respective member.
9.28. The members who let out their apartment or transfer their respective
apartments shall give prior notice of the Association & obtain a “No
Objection/ Dues Certificate” from the Association. They shall also
intimate the new buyer or tenant about the requirement to abide by
the terms, rules and regulations of the Association. The new buyer
must enroll himself / herself / itself as a member and pay such fees
and charges as may be prescribed from time to time. In the event that
any apartment/s is bequeathed to or inherited by other person/s, such
other person/s shall automatically become a member/s of the
association.
EXECUTIVE COMMITTEE :
10.1. The Executive Committee shall consist of a President, a Secretary, a
Joint Secretary, a Treasurer, a Joint Treasurer, and at least 4 but not
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more than 7 Committee Members. No more than two office bearers
shall be from any one of the 12 blocks of the building complex. The
first office bearers of the Executive Committee shall hold office till the
first Annual General Meeting of the Association.
11.1. The office bearers of the Executive Committee shall be persons who
are above 18 years of age and either an Owner of an apartment in the
building complex called “The Central Park” or a member of the
immediate family of an Owner duly authorized by the Owner. However,
a family Member of an Owner is elected to the Executive Committee,
then the Owner shall cease to be Member of the Executive Committee,
if he/she is already a member of the Executive Committee.
12.1. All the members of the Executive Committee after the first Executive
Committee shall be elected at the Annual General Meeting. In the
event of any interim vacancies, the Executive Committee may elect
any person from among the other members of the Association to fill in
such vacancy from the unexpired portion of the outgoing office
bearer’s tenure.
12.2. All the Executive Committee members shall hold office from the time
of their appointment till the next election at Annual General meeting of
the members of the Association. Such elections shall be held once
every year.
12.3. The retiring Executive Committee members shall be eligible for re –
election.
12.4. Any Executive Committee member may resign at any time by sending
a resignation letter to the President or the Secretary and the same
shall be effective only after it is accepted by the Executive Committee.
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Any Executive Committee member shall be deemed to have resigned
from the Executive Committee if that member’s apartment has been
transferred to a third party or parties.
12.5. The Executive Committee members shall work gratuitously but
expenses actually incurred by them in doing the legitimate work of the
Association shall be debited to the Association’s accounts.
POWER AND DUTIES OF THE EXECUTIVE COMMITTEE
13.1. PRESIDENT: It shall be the duty of the President to preside at
meetings of the Association and of the Executive Committee and to
perform such other duties as ordinarily pertain to his / her office. When
the President is not present, the meeting shall elect a Chairman from
among the members present. The President/ Chairman of the meeting
shall have a casting vote only in the case of equality of votes on any
issue.
13.2. SECRETARY and JOINT SECRETARY: It shall be his / her duty to
keep the records of membership, send out notices of meetings, record
attendance at meetings, record and preserve minutes of meetings,
make arrangements for transaction of day to day business of the
Association, conduct Annual General Meetings, conduct Extra Ordinary
General Meetings etc. and file Returns to the Registrar of Societies, as
per Section 163(6) of the Tamil Nadu Societies Act of 1975.
13.3. TREASURER and JOINT TREASURER: The Treasurer shall maintain
the accounts of the Association. He/She shall have the powers to
collect dues, issue receipts and make payments on proper vouchers.
He / she shall have powers to operate the Bank Accounts of the
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Association jointly with the President or, the Secretary in the absence
of the President.
13.4. EXECUTIVE COMMITTEE MEMBERS: The other members of the
Executive Committee shall assist the President, Secretaries, and
Treasurers in the discharge of their duties.
13.5. The Executive Committee members are jointly and severally
empowered to represent the Association and the members/apartment
owners of the building complex called The Central Park in regard to
their common interest before any governmental authority or
department or any judicial or quasi-judicial authority or third parties.
13.6. The Executive Committee is empowered to prosecute, defend or make
appeals, complaints /suits on behalf of the Association against third
parties, Apartment owners or tenants for dues recoverable from them
and for any other contingencies incidental to the objects to the
Association.
13.7. The Executive Committee is empowered to order for materials/
equipment, enter into contracts etc., to facilitate the achievement of
the objects and purposes of the Association.
13.8. The Executive Committee shall be empowered to make rules
regarding matters not covered herein, to govern the working of the
Association and matters requiring consultation with or without the
approval at an Annual General meeting or Extra Ordinary Annual
Meeting of the members of the Association for fulfilling the objects
of the Association.
13.9. The Executive Committee may appoint various sub-committees from
among the members to further the cause of the Association.
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13.10. The members of the Executive Committee including the office
bearers shall not be held responsible or liable either jointly or
severally for any act done in good faith for the proper furtherance of
the objects of the Association.
MEETINGS
EXECUTIVE COMMITTEE MEETING
14.1. Frequency of Meetings : The Executive Committee shall meet at
least once every two (2) months.
14.2. Quorum : The quorum for a meeting of the members of the Executive
Committee shall be 1/3rd five (5).
14.3. Notice : Notice of the intended meeting shall be given by the
Secretary in the prescribed manner at least 7 days before the meeting
is held. A shorter notice shall be valid if ratified by a majority of the
members of the Executive Committee.
14.4. Decisions : All decisions of the Executive Committee shall be taken by
a simple majority of the Executive Committee members present and
voting. In the event of a tie, the President shall have a casting vote. A
resolution by circulation signed by all members of the Executive
Committee shall be taken to be valid and effectual as if the same had
been passed at the meeting of the said Executive Committee regularly
held. Such resolution shall be ratified at the subsequent Executive
Committee meeting.
ANNUAL GENERAL MEETING :
14.5. The Annual General Meeting of the members of the Association shall
be held every financial year, within 6 months from the date of closing
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the financial year of the Association i.e. before 30th September, which
date shall be 31st March of each year, to approve and adopt the
Audited Statement of Accounts and to do such other business, which
the meeting is entitled to and a prior notice of not less than 21 days
shall be given to all the members of the Association and such notice
shall contain the Agenda of the meeting. A Meeting called with shorter
notice shall be valid if ratified by a majority of the members present
and voting at such meeting.
14.6. EXTRA ORDINARY GENERAL MEETING : An Extraordinary General
Meeting of the members of the Association may be held at the instance
of the Executive Committee or on a requisition in writing by not less
than 1/3rd members/ and as laid down under section 28 of the Tamil
Nadu Societies Registration Act 1975.
14.7. All resolutions shall be passed by a simple majority of the members
present and voting at the Annual General Meeting or the Extra
Ordinary General Meeting of the members of the Association.
14.8. The quorum of the Annual General Meeting and the Extra Ordinary
Annual General Meeting shall be at least 1/32 of all the members of the
Association present either in person or through proxy.
14.9. The business of the Association shall be transacted by vote, by
ordinary resolutions except where a special resolution is required
under the provisions of the Tamil Nadu Societies Registration Act and
Rules.
14.10. Voting at the Annual General Meeting and the Extra Ordinary
General Meeting shall be by show of hands or if, not less than ½ of the
members present at the meeting require, by secret ballot. Votes may
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be cast in person, by proxy or, if a reasonably safe electronic voting
system is implemented, by electronic voting.
SPECIAL RESOLUTION :
15.1. A special resolution shall be passed by members who together hold a
majority of not less than three fourths of the total voting rights in the
Association with regard to the following :
15.1.1. To amend the Memorandum of the Association;
15.1.2. To amend the bye-laws of the Association.
15.1.3. To change the name of the Association.
15.1.4. To dissolve the Association.
15.1.5. To amalgamate or divide the Association.
15.2. Notice of any meeting at which a special resolution is sought to be
passed shall be as prescribed for the Annual General meeting of the
members of the Association. A copy of the special resolution shall be
filed with the Registrar within 15 days from the date of passing such
resolution.
PREPARATION AND FILING OF RECORDS AND STATEMENTS :
16.1. The Secretary shall prepare and file all records and annual statements
on behalf of the Association with the Registrar of Societies which are
specified in the Tamil Nadu Societies Registration Act and Rules.
16.2. The Secretary is hereby authorised to sign such records and
statements.
REGISTER OF MEMBERS:
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17. A register containing the names, addresses and occupations of its
members shall be maintained by the Secretary. The register of
members shall, during business hours, be open to the inspection of any
member free of charge and any member may make extracts there from
at the office of the Association.
BANK ACCOUNT ETC.
18. The Executive Committee shall authorize the Treasurer to open one or
more Bank accounts with any scheduled bank or scheduled banks near
the building complex called the “The Central Park”. The Treasurer shall
have power to operate the Bank Accounts of the Association jointly with
the President or, the Secretary in the absence of the President. All
moneys received from the members /apartment owners of the said
complex and any other money received to and for the benefit of all the
apartment owners shall be credited to the said bank account. The
treasurer may maintain with him cash not exceeding Rs.10,000/- or such
other higher amount as the Executive Committee may decide for day to
day disbursements. As far as possible all monetary transactions
amounting to Rs.1000/- or more shall be through cheques and only
under proper stamped receipts.
FINANCIAL YEAR, ACCOUNTS AND AUDIT :
19. The Financial year of the Association shall commence on 1st April and
end on 31st March. Accounts shall be closed on 31st March every year.
The account of the Association shall be audited by a Chartered
Accountant. The Association shall also be entitled to appoint a Chartered
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Accountant to audit the accounts of the Association and rectify any
defects pointed out by the Chartered Accountant.
19.1. An Auditor who is a Chartered Accountant in practice and who shall be
person other than an Executive Committee Member or Member /Owner
or occupant of one of the apartments in the building complex shall be
appointed at the Annual General Meeting of the Association. The
Auditor shall submit the Balance sheet and Income and Expenditure
and Receipts and Payments account for the year up to 31st March
together with his report to the Annual General Meeting of the
Association. The Auditor shall hold office till the end of the next Annual
General Meeting. The Auditor shall be eligible for reappointment.
FILING OF RETURNS
20.1. The secretary shall prepare and file with the concerned Registrar of
Societies, annual or other statements which are specified in the
Societies Registration Act and rules framed thereunder.
20.2. For all matters not specifically provided for in these Bye-laws, the
provision of the Tamil Nadu Societies Registration Act, 1975 shall
apply.
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We, the several persons whose signatures are hereunder, certify this to
be a True Copy of the Bye-laws of the “The Central Park Apartment
Owners Association”, which were passed at the meeting of the Association
held on 09.03.2012.
NAMES AND ADDRESSES OF MEMBERSSl.No.
Name andAddress
Designation (in the Association)
Occupation Signature
1. President
2. Treasurer
3. Jt. Treasurer
4. Secretary
5. Jt. Secretary
6. CommitteeMember
7. CommitteeMember
8. CommitteeMember
9. CommitteeMember
Dated at Chennai on this day of March, 2012;
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WITNESSES:
NAME ADDRESS SIGNATURE
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