BYE-LAWS
OF
“DIVINE
MANSION RESIDENTS’ WELFARE SOCIETY”, PURI
Harachandi Sahi, Lokanath Road, PS: Puri Town Dist. Puri ,Odisha
1. Short
Title & Application:
(a) The name and style
of the Society/Association shall be “DIVINE MANSION RESIDENTS’ WELFARE
SOCIETY, PURI” ;
(b) The Registered
Office of the above Society/ Association shall be situated at ‘Divine
Mansion’, Harachandi Sahi, Lokanath Road, PS: Puri Town, District Puri
(Odisha).
(c) The provisions of
these byelaws apply to “DIVINE MANSION RESIDENTS’ WELFARE SOCIETY,
PURI”; and all present or future owners, tenants, or their employees or any
other person who is lawfully entitled/or inherited to use the facilities of the
said Building, in any manner whatsoever, shall be subject to the
regulations set forth in these byelaws. The mere act of lawful acquisition or
rental or taking on license any property or mere occupancy of any of the flats
in the above Apartment “DIVINE MANSION” will signify that these byelaws have
been read and understood, are accepted, stand ratified, and will be fully
complied with, at all times.
2. Definition:
In
these Byelaws, unless the context requires otherwise:
(a) ‘ACT’ means
“Societies Registration Act, 1860-Odisha’ and its relevant provisions amended
from time to time;
(b) ‘SOCIETY/ASSOCIATION’ means
the “DIVINE MANSION RESIDENTS’ WELFARE SOCIETY, PURI” constituted
by such owners for the purpose of carrying out objectives of the
Society/Association as provided under Rule-3 & 10 of the
byelaws. For the purpose of this byelaw, both the terms “Society &
Association” shall have the same meaning and can be used interchangeably.
(c) ‘COMMITTEE/BODY’ means,
the Executive Committee(EC)/Managing Committee (MC) of
the Society/ Association consisting of the Office bearers and
Members elected/or nominated to the EC, all of whom shall be
the Apartment Owners (members/deemed members) who are
all residents and/or tenants of the “DIVINE MANSION
APARTMENT” from among whom, a President, a Vice-President, a Secretary, a Joint
Secretary, a Treasurer and Members (between 5 to 10) shall
be elected to EC/MC by the General Body once in two years. The term
EC(Executive Committee) and MC (Managing Committee) convey the same meaning and
can be used interchangeably. The job of the EC is to manage the day to day
affairs of the apartment and take decisions and recommend changes if any to the
GB.
(d) ‘BUILDING’ means,
the Apartments in any of the towers/floors/blocks in “DIVINE MANSION APARTMENT”
situated at Harachandi Sahi, Lokanath Road, PS: Puri Town, District Puri
(Odisha) and known as DIVINE MANSION
APARTMENT” condominium and includes the land forming thereof;
(d) ‘OWNER’ or APARTMENT
OWNER/OWNERS’ means, the person lawfully owning an Apartment/flat or flats in
“DIVINE MANSION APARTMENT” condominium with or without car parking space;
(e) ‘RESIDENT’ means,
any person(s) lawfully staying in “DIVINE MANSION APARTMENT” and the term “ Resident”
also includes the owner of the flat, his/her family members, legal heirs,
and authorized tenants qualified under law;
(f) ‘MEMBER’ means,
an owner, as aforesaid. Such an owner shall have full voting right (whose
name stands first in declaration and/or sale deed) in the meeting while taking
decision on day to day management, maintenance, and administration of the
building including amendment or revision of the provisions of byelaws thereof
from time to time. However, such rights shall be exercised by only
one person in respect of an Apartment/Flat (irrespective of number of
flats in possession/ownership),or if jointly owned by more than one
person. In case, the flat stands in the name of the son, either his/her father
or mother, wife, or any one of the children above 18 years of age is considered
to be a Member under ‘deemed member’ category (no other members of
the family) only shall have the voting right or any one of the other
family member only if authorized explicitly by the owner of the concerned
Apartment/Flat to that effect;
(g) ‘DEFAULTING
MEMBER’ means, any owner who has not paid the dues (as
decided by the GB to undertake any development work including enhancing
security and safety of Members) and /or monthly maintenance charges to
the Association consecutively for three months or above. {Such
defaulting Members shall not be entitled to any of the rights, common
utilities, and privileges enjoyed by the other members, or to the services and
facilities provided by the Association and shall forfeit all voting rights
whatsoever, till all the dues are cleared};
(h) ‘DEEMED
MEMBER’ means, a deemed Member of the Association which
include spouse, parents, or any one of the children above 18 years of age who
is authorized by such owner and may/not be the resident of the above
Apartment/any of the flat and authorized to represent the owner. In case, the
owner whose name stands in Sale deed and/or declaration is working and staying
outside the State or country, his/her father, mother, wife, husband, any one of
the children above 18 years of age shall be treated as ‘deemed member’ in place
of the owner for the purpose and shall have the equal rights and
privileges like owner, unless or otherwise the owner explicitly withdraws the
power or authorization given in his/her favor earlier and re-nominate another
deemed member to this effect;
(i) Co-opted
Member: The EC/MC can co-opt one or two member’s u/r 18 of
this byelaw for smooth conduct of day to day business of the
Society/Association for a specific tenure to assist the Executive Committee and
the members so co-opted shall be treated as “Associate Member” with no voting
rights.
(j) ‘REGISTRAR’
means the “Registrar of Societies’ appointed under the Act, Odisha;
(k) ‘APARTMENT’ which
may also be termed as a ‘FLAT’ or ‘UNIT’ (herein after referred to
as ‘ APARTMENT’) means, part of the building, intended for use as a
‘family unit’ exclusively for residential purposes, and includes 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
MC/EC duly constituted, as the case may be, and under such terms and
conditions as may be laid by it;
(l) ‘COMMON
AREAS AND FACILITES’, unless otherwise provided in the declaration or
lawful amendments thereto shall mean and include:
(i) The
land on which the building is located/constructed, but excluding
the building itself;
(ii) The
foundations, columns, girders, beams, supports, main walls, parapets, roofs,
halls, corridors, lobbies, stairs, stairways, fire escapes, escalator (lift),
entrances and exits of the building, but does not include parking
space(which were allotted to individual buyers);
(iii) Yards,
gardens, flowers, fruits plants, parking areas other than those sold and demarcated
for paid owners, and common storage spaces;
(iv) The
premises used as Office room, store rooms, rest rooms, or rooms for the lodging
of janitors (custodians, stewards, keepers employed to look after day to day
maintenance and cleaning etc.) or Security Room with CCTV surveillance, roof at
the top, and persons employed for the management of the
property and for safety and security of the owners and residents;
(v) Installation
for the central services such as power, light, hot and cold water (if any to be
made);
(vi) The
elevators, water tanks, pumps, motors, fans, compressors, ducts (i.e. passage,
tube, or channel) filtration apparatus, communication facilities such as cable
for television, internet access, security equipment and such other
installations, if existing, for common use;
(vii) Such
other parts of the property or service necessary or convenient to its
existence, maintenance and safety, or normally in common use (like club house,
recreation room, newspaper room and their fittings, fixtures, equipment, both
movable and fixed, if to be made in future);
(m) ‘RESTRICTED COMMON
AREAS AND FACILITIES’ , means those portions which are part and parcel
of the common areas and facilities, but are reserved for providing service to
all such as ‘Electric Transformer’ compound,
etc the entry into which may cause risk to the lives of the owners. 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.
Entry into such area, however, requires written permission of the MC or EC of
approval of the GB under such conditions and circumstances as it may specify
from time to time;
3. Membership
of the Society/ Association:
(a) Any person or persons
who has purchased a flat (s)/an apartment in the Building, “DIVINE MANSION”
(located at Harachandi Sahi, Sandha Jaga Chhak, Lokanath Road,
Puri) from Niwas Real Estate & Construction Pvt.
Limited, Berhampur(Ganjam) (here in referred to
as Builder/Developer) or from any other bonafide purchaser/owner
subsequently, shall automatically become the Member of the Association subject
to payment as prescribed. Further, the deposit paid by him or her per
flat/apartment to the Developer/Builder/or such subsequent owner at the time of
purchase of flat if any, towards proper upkeep and maintenance of the building
(usually one year prescribed maintenance cost in advance) shall be transferred
to the account of the Association OR to the common account of the Association
on that count. However, any dues to the Association not paid for
three consecutive months or more, at the discretion of the EC/or MC,
shall be deducted from the said account. A member should be of 18 years or
above and the Membership shall not exceed the total number of individual
apartments/flats/units as the case may be;
(b) Upon any owner
subsequently selling his/her/their Apartment/flat/unit(s) or absolutely
conveying the same by way of gift or otherwise, the Purchaser or Donee shall
become a Member of the Association with same rights and privileges as the
previous owner, provided the seller has paid/transferred all the dues and the
prescribes fees towards maintenance or otherwise and has obtained the “no
dues certificate’ from the Association to this effect. The deposit
underlying in the account of the seller shall be transferred to the new member.
Any short fall in the prescribed deposit, as decided by the Association and its
office bearers/MC/EC/GB, as the case may be, has to made up/complied
with, by the new member;
(c) On death of an owner,
his/her/their Apartment/Flat/Unit shall be transferred to the person or persons
to whom bequeathed (willed) or his/her/their legal successor/heir in case no
bequeathment has been made by the previous owner. The Legatee (legacy is
bequeathed) or the Successor shall, on satisfactory completion of all legal
formalities, automatically becomes a Member of the Association with the same
rights and privileges as the previous owner. No transfer fee need be paid, and
the deposits paid if any, by the deceased Member shall stand transferred to the
Successor/legal heir under the same terms and conditions as aforesaid;
(d) Each Apartment/Flat/Unit
Owner may purchase a copy of bye laws on payment of Rs.20/- only
on receipt to be issued by the Treasurer for the purpose;
(e) All owners of the
Apartment shall have to pay to the“DIVINE MANSION RESIDENTS’ WELFARE
SOCIETY, PURI” a sum as decided by the MC/EC/GB before the specified
last date of every month on prescribed receipt. All revenue
generated/accumulated shall be deposited in the account opened in any nearby
Public Sector Bank. The amount shall be deposited in the bank account jointly
to be operated by the President and the Secretary for safety
operation. A portion of the accumulated fund may be deposited as ‘Fixed Deposit’
in the name of the “DIVINE MANSION RESIDENTS’ WELFARE SOCIETY, PURI”
to meet future contingencies. The amount so collected shall be utilized:
(i) For
day today maintenance of the building;
(ii) Reconstruction,
renovation, repairing of any part of common areas, utilities, and services
including carrying out any structural additions and alterations, if
any required for safety of the building, white washing, or for carrying out
major repairs and replacements, provided that such reconstruction/repair/replacement/renovation
do not fall within the ambit of any agreement with an external agency for
maintenance of the Apartment “DIVINE MANSION” (dwelling
units);
(iii) For
payment of wage/remuneration/honorarium/labor cost to the Watch and Ward staff,
caretaker, sweeper, guard and secretarial assistance if any,
required from time to time, as required for cleaning, sanitation,
plantation, white washing, and similar such contingencies;
(iv) For
purchase of stationeries for correspondence and paper works for the office of
the Apartment, common puja items, sanitation and cleaning materials like,
flower and stick brooms, phenyl, gamaccine powder, Bleaching Powder, etc.
(v) For
repair of all equipments and apparatus including all fixtures and fittings
exclusively of common areas like light points, fans, lift (escalator), PHD and
Electric lines, Sewerage tanks, etc provided their warranty
period is over;
(vi) For
purchase of basic furniture for maintenance of the Apartment Office
and basic utensil and chulla for preparing food on the day of meeting and
annual function etc;
(vii) Any
other items with the approval of the MC/EC/GB as the case may be, which are
exclusively required for the common service not meant for a single individual.
4. CLASSIFICATION
& ELIGIBILITY OF MEMBERSHIP:
(a) On the death of
the Owner: If before demise, the title to the Apartment/Flat had already
been bequeathed /transferred, the Legatee (s) shall automatically continue as
Member(s). In case of joint-owners, the surviving member shall continue as
Member of the Association;
(b) On an owner
selling, gifting, exchanging, or otherwise disposing off the Apartment/Flat
(s), the subsequent owner whose name appears first in the deed shall
become a Member of the Association;
(c) Joint
Apartment/Flat Owners: Where two or more persons have purchased
an Apartment/Flat jointly, they shall be jointly entitled to the
Apartment/Flat, but the person whose name stands first in the Sale
Deed/Will/Declaration shall alone have the right to
vote. However, the first joint owner by a letter of authority
deposited in the office of the Association, may authorize the other joint owner
to vote on his/her/their behalf;
(d) Eligibility for
Voting in case of Joint Apartment Owners: Only one of the joint
Apartment/Flat owners shall be entitled to vote or be eligible to be elected,
and not all the joint owners.
5. DISQUALIFICATION: No
Apartment/Flat owner or Deemed Member shall be entitled to vote on
the question of the election of Members of the Executive Committee/ Managing
Committee (MC) or the President, Vice-President, Secretary, Joint
Secretary, Treasurer or Member of EC/MC or any other office bearer or be
entitled to stand for election to such office/any of these posts, if he/she is
in arrears in respect of his/her monthly/yearly
contributions, for common expenses to the Association, continuously for
3 months(i.e subscription dues for 90 days or more)
on the day of election. The name of such owners/members and the amounts in
arrears due against such defaulter members for more than 90 days shall be
displayed on the ‘Notice Board’ of the Association till such time, as the
arrears remain un-cleared/unpaid.
6. VOTING:
One or Two Persons The voting rights shall be
exercised by the person whose name stands first in the Declaration/Sale Deed,
unless otherwise authorized by the other joint owners of the said
Apartment/Flat, if any. Voting, however, shall be done by ‘secret ballot’ or
through ‘show of hands’, as decided by the Members voting either in person or
by proxy, as specified in Bye-law.
7.
MEETING AND QUORUM FOR MEETING: The Association shall hold ‘Annual General Body
Meeting’ once in a year between December-January, while the MC/EC,
as the case may be, shall meet once in two months to discuss the day to day
affairs including maintenance and management of the Apartment, to take
decisions on purchase of stationeries and other contingent items, to recommend
the GB amendments if any, to byelaws, to rectify the action taken by
the President/Secretary, to take up legal issues if any, to oversee
the expenditure, and such other matters, as it deems proper and in
common interest. Besides, the Association can also hold a ‘Special GB Meeting’
and ‘Special EC Meeting’ if need arises, by giving due notice in the
Association Notice board and informing telephonically/or through WhatsApp group
to all the members of the Association along with the Agenda to be discussed.
The notice period and quorum for all the meetings are prescribed as
under:
TABLE-7.1 : QUORUM
FOR MEETING
|
S.No. |
Name of
the Meeting |
Period of
Notice |
Quorum |
Remarks |
|
1 |
Annual
General Body Meeting |
15 days |
50% +1
(41) of the total Members or their authorized persons |
To be held
between Dec-Jan every year. |
|
2 |
Special General
Body Meeting/Emergency GB/Extraordinary GB |
One week |
40% +1
(33) of the total Members or their authorized persons |
Only on
emergent issues and on the recommendations of the EC/MC |
|
3 |
Executive
Council /Body Meeting/MC |
One week |
60% of the
total Office bearers & EC Members |
- |
|
4. |
Emergency
Meeting of EC/MC |
Three days |
50% +1 of
the total Members |
Only on
emergent issues |
|
5. |
Approval
of any Resoultion/ or Decision |
By
Majority |
60% of the
Members present in the meeting |
|
|
6 |
GB meeting
on Requisition by Members |
30% of the
total Members signed and address to the Secy |
50% +1
(41) of the total Members or their authorized persons |
Rule-13 |
|
7. |
Special or
Extraordinary GB exclusively to make amendments in the existing bylaws |
15 days |
3/5th (48)of
the total Members present in the meeting. |
Rule-46 |
8. VOTING
PATTERN: In any of these meetings
of the Association, vote shall be cast in person or through a duly
authorized proxy. The authority to a proxy shall be in writing and
the said letter of ‘authorization’ shall be deposited with the
Secretary/President of the Association, not less than 48 hours before the time
scheduled for holding the concerned meeting. The
proxy can be authorized only from the ‘deemed’ or
‘associate ‘membership category as specified under rule-2 (h) and
(j) category of the byelaws. But the same person cannot act as ‘proxy’ for more
than one Member of the Association. The authorized proxy besides casting vote
can also participate in the deliberations and convey the views of the member
who has authorized him to attend the meeting.
9. VENUE
FOR HOLDING MEETING: The venue for holding meeting should
either be at Puri (the place where the property is located) or at Berhampur
(the place from where optimal numbers of Members have purchased the flat in the
above named Apartment). The EC or GB, may for the sake of convenience, decide
any other venue with mutual consent to ensure optimal presence of members in
the meeting.
10. POWERS
AND DUTIES, OBJECTIVES OF THE ASSOCIATION/SOCIETY:
(a) The
Association/Society shall safeguard the interest of all its Members and shall
ensure peace and harmony among the members as far as practicable;
(b) The
Association/Society shall be exclusively a non-profit organization;
(c) The
Association/Society will have the responsibility of administering the “DIVINE
MANSION RESIDENTS’ WELFARE SOCIETY, PURI”, approving the annual budget,
collecting periodical and adhoc payments, corpus funds and nominal monthly
subscriptions, arranging the management of the Condominium in an efficient
manner. Except otherwise provided, a Resolution of the
Association/Soceity shall require approval by a majority of owners either
present in the meeting and casting votes in person, Or casting votes through
their authorized proxy;
(d) The
Association/Society may frame further rules to amplify these byelaws and these
rules, which shall be applicable to all Members/Residents after they are passed
by majority of members in the annual general body meeting or
special general body meeting. However, in the event of any doubts or
contradictions, the byelaws shall prevail over rules;
(e) The
Association/Society shall generally look after and be responsible for
safeguarding, promoting and protecting the rights and well being of its
Members, and enforce their respective obligations to each other;
(f) The
Association/Society shall represent the collective interest of the community in
“DIVINE MANSION RESIDENTS’ WELFARE SOCIETY, PURI” with
various external agencies;
(g) The
Association/Society shall commence/defend any legal proceedings only in so far
as it is related or connected with, and affects the Members and the affairs of
the DIVINE MANSION RESIDENTS’ WELFARE SOCIETY, PURI” and
its residents;
(h) The
Association/Society shall promote and strive for peaceful co-existence among
all Members of the Association/Society;
(i) The
Association/Society shall regulate the manner and restrictions and
conditions for and under which, any Member shall transfer or part with the
possession of his ownership of a property in “DIVINE MANSION APARTMENTs” so as
to ensure compliance with these byelaws and rules by Transferees;
(a) The Association/
Society shall have to unhindered its access to all its facilities, common
amenities and services located and designated as ‘Association Office’ for
operation and day to day maintenance;
(b) The
Association/Society, however, will not be responsible for any loss caused to
Members they might have suffered by the act of God/nature like, natural
calamities, earthquake, flood, fire, riot, or willful act of any Member
personally;
(c) In emergent
situations, the President and/or the Secretary of the MC/EC can take decisions
which may be even outside the purview of the byelaws to tackle the situation
and safeguard the interest of the Members and/or the property, but will seek
rectification for such decisions from the MC/EC at a later date;
(d) Can raise a corpus
fund (one-time payment) to meet any eventualities in future or undertaking such
works which might require huge funds;
(e) The
Association/Society has the power to debar a member from availing the benefits
of common utilities including disconnecting electrical lines and water
connection temporarily, only if the Member becomes a defaulter and fails to pay
the monthly maintenance fee cons cutely for a period of three
months or any other fee decided in GB by majority for
improvement of the existing services and facilities or infrastructure of the
Apartment;
(f) The Association/Society here
by fully bars the Members not to take up any development/maintenance or any
repair or replacement works of the common utility areas (i.e exclusively
outside their flat). In case they did, they must do it at their own expenses
for which the Association/Society shall not be held responsible.
(g) To conduct any
charitable event to raise funds for the betterment and good fiscal health of
the Society.
11. CHAIRPERSON/PRESIDENT:
(i) As
per rule-9 supra, the venue for holding meeting should either be at
Puri (the place where the property is located) or at Berhampur (the place from
where optimal numbers of Members have purchased the flat in the above named
Apartment). The EC or GB, may for the sake of convenience, decide any other venue
with mutual consent to ensure optimal presence of members in the meeting. In
each such meeting, whether GB or EC, the President shall preside over the
meeting. In absence of the President, the Vice-President shall preside over the
meeting.
(ii) The
Chairperson/President shall conduct the proceedings of the meeting, while the
Secretary shall have to note down the points and prepare the final minutes for
approval. The President of the Association shall be the Chairperson
for all subsequent meetings. In his absence, the Vice-President, shall
chair the meeting(s);
12. ANNUAL
MEETING: The Annual General Body Meeting
of the Association/Soceity may be held within one month of the date of
Registration of the Association. Thereafter, the Annual GB shall be held once
in every year by notifying the same in the Notice Board of the
Association/Society or informing the members through telephone or WhatsApp
Group and by giving due notice period as laid down in table under
Rule-7 of the above byelaw. The meeting may also transact
such other business of the Association/Society, as may be properly
brought up before it by the learned Members or endorsed by the MC/EC or in
accordance with the provisions of these byelaws;
(I)ELECTION
OF OFFICE BEARERS OF THE MC/EC & TENURE: The Principal Officers/
Office bearers of the Association/Society shall be elected
preferably by secret ballot among Apartment Owners/Deemed Members
for a period of Two years (Jan-Dec) in accordance with
the requirements of the byelaws. The existing office bearers can continue only
for a second term, if majority of Members present in GB endorse their opinion
in their favour and repose full trust on them through a Resolution specifying
the period of such extension. Under any circumstances, the tenure of the office
bearers and the EC shall not be extended beyond 4 years at any one point of
time.
13. GB
MEETING ON REQUISITION :
It shall be the duty of the Secretary to call a special General Body Meeting
/Emergency General Body Meeting of the “DIVINE MANSION RESIDENTS’
WELFARE SOCIETY, PURI” if 30% of the total members of the society signed a
petition/requisition addressed to the Secretary or as directed by a resolution
of the MC/EC. For the purpose of quorum 50% +1 (41) of the total Members or
their authorized person should remain present in the meeting. The Notice of the
Special or Requisition meeting shall state the date, time, and place of such
meeting and the purpose thereof. No other business usually be transacted at a
‘special meeting’ except as stated in the notice.
14. NOTICE
PERIOD OF THE MEETING: The notice period for holding the
meeting shall be the same
as laid down under rule-7 (table-1). However, it shall be the duty of the
Secretary to circulate the notice to the Members through email or telephone or
WhatsApp Group besides displaying the notice in the Office Notice board of
the “DIVINE MANSION RESIDENTS’ WELFARE SOCIETY, PURI”. Such notice
must state the purpose and the agenda of the meeting including date, time, and
venue of the meeting. The Circulation of this notice in the manner provided in
this byelaw shall be considered as notice served. No other notice shall,
however, be required to be sent in respect any adjourn meeting of the
Association.
15. ADJOURNED
MEETING: If the meeting of the owners cannot
be organized either due to lack of required quorum or the discussion could not
be completed on all items in the agenda, the Members who are present may
adjourn the meeting to the same day or the next day, as mutually agreed, and the
meeting will take place only with the available members for which no
fresh quorum is mandatory.
16. ORDERS
OF BUSINESS IN THE MEETING: The
Order of business at the Annual GB meetings of the Association shall be
stipulated by an Agenda that shall include, among other things, the following:
(i) Roll call and Election of Chairman to
preside over and to conduct the meeting-The President shall be the Chairman and
shall preside over the meeting and in his absence, the Vice-President shall
preside over the meeting and conduct business;
(ii) To consider and approve the minutes of
the proceedings of the Annual and Special GB meetings of the preceding year/meeting if
any, and to note the actions taken thereon;
(iii) To read out the agenda of the current meeting;
(iv) To consider and approve the Annual Report
of the EC/ MC of the preceding year;
(v) To consider, adopt, and approve the
audited accounts for the preceding year to be presented by
the Treasurer relating to income and expenditure of the Association and to
suggest the changes if any for the next year;
(vi) Election
of Office bearers of the Members of the MC/EC, as the case may be, of the
Association;
(vii) Adoption of the tentative budget for
the following/next year;
(viii) Amendment, if any, to Rules and
Byelaws of the Association/Society, if felt necessary;
(ix) Appointment of Internal /External Auditors to
hold office till the next Annual GB Meeting and fix their remuneration, if
fund permits;
(x) Consider, scrutinize, approve, and accept
the income and expenditure account and Balance sheet of the Association for the
preceding year and approve and sanction the annual budget for the next year;
(xi) Consider, approve, and initiate such
action as may be necessary on the reports of the Secretary, and Auditors, and
/or Committees, if any;
(xii) Consider and initiate such action, as may
be necessary on the Report of the Registrar, or of the Officer duly authorized
by him;
(xiii) Consider and deal with appeals against the
action of the EC/MC and GB if any, or any Member of the Society/Association
thereof and render legal assistance; and
(xiv) Any other business/item with the permission
of Chair.
17. MANAGEMENT
OF THE SOCIETY/ ASSOCIATION:
An Executive Committee/Management Committee (MC) of the “DIVINE MANSION
RESIDENTS’ WELFARE SOCIETY, PURI” usually be constituted through
election in the GB Meeting which shall govern the day to day affairs
of the Society/Association. The working hours of the Office of the Society/
Association which will be manned by the Estate Manager/Care
Taker/Supervisor, as the case may be, shall be from 9 AM to 5 PM from
Monday to Saturday or such other days to be fixed by the EC/MC from time to
time. A well defined duty chart, reflecting the roles and
responsibilities of the staff of the Society/association such as Security
Guard, Care Taker, Manager, Sweeper and such other personnel engaged in
day to day management/maintenance, shall be given to each such staff/personnel
to do their job in time.
18. POWERS
AND DUTIES OF THE EXECUTIVE COMMITTEE(EC)/MC: The Executive Committee shall have all
powers and duties necessary for the day to day administration and to look after
the affairs of the Association, and may do all such acts, and things as are by
law or by these bye laws directed to be exercised and done by the
owners. The EC shall have the powers to co-opt two persons from among
the owners/or GB to assist the EC in its day to day activities. In the
latter case, the Members so co-opted shall become “Associate Members” which
title they shall hold till such time they serve on the EC as co-opted members.
Such co-opted Members/Associate members shall, however, have no voting
rights whatsoever. The EC however, shall have the powers to appoint
sub-committees from among its Members and Associate Members and assign
such duties to them as they deem appropriate for the better upkeep of the
building and for smooth conduct of its routine affairs.
19. OTHER
AUXILIARY DUTIES AND RESPONSIBILITIES OF THE SOCIETY/ ASSOCIATION:
(a) To take care,
upkeep and surveillance of the building including the common areas and
facilities as far as practicable and within the limited resources
available/affordable;
(b) To assess
and collect all charges, monthly community subscriptions from the Members towards
maintenance and supply of goods and services and for the
general upkeep of the building;
(c) To
determine/decide the designation, conditions of
employment/engagement, remuneration/honorarium and dismissal/de-engagement of
the personnel of the Society/ Association for unsatisfactory performance and
indiscipline as necessary for the maintenance and operation of the
building including the common areas and facilities;
(d) To
collectively try for the mutation of the properties/flats in
the name of the respective individual owners in order to
avail bank loans;
(e) To determine
proper procedure for carrying out the audit and proper maintenance of the
Accounts of the Society/ Association;
(f) To inspect
the accounts kept by the Secretary/or Treasurer or Supervisor/or
Caretaker and to examine the register and account books, receipt books, etc and
to take steps for the recovery of all the sums from the defaulter Members
and/or from the in-charge of the Account holders if any, due to the
Society/ Association with in a period specified;
(g) To sanction
working expenses, maintain cash balances, and to deal with other miscellaneous
business including rectification/approval of all emergency purchases.
(h) To ensure that,
the Cash book is written up promptly and neatly and is duly signed by one of
the Members of the EC/ MC or the Treasurer who is so authorized in
this behalf;
(i) To hear
and deal day to day complaints of Members of the Society, if any;
(j) To make all such
payments to Government, Semi Government, Revenue Authorities, local bodies like
Municipality and legal and such other enforcement bodies, as due by the
Society/Association, if any from time to time;
(k) To finalize the budget
to be present in the Annual General Body Meeting (AGM);
(l) To present
duly audited statement of accounts of the Society/Association in the Annual
General Body Meeting (AGM);
(m) To levy and collect parking
fee from the owners who do not have official parking slots;
(n) Authorized to
enter into contracts with different Service Providers. However, contracts which
are detrimental to the interest and good health of the building and
its owners shall be avoided;
(o) To create a
website in the name of the Association and to upload its byelaws and other
welfare activities from time to time, if practicable.
(p) To take and
determine disciplinary measures against the erring officials and defaulter
Members against whom Society/Association dues are outstanding (such as monthly
Society fee, corpus fund, or such other dues levied to undertake some
development work (like white washing, compound aluminum zalli, repair cost of
major equipments) which the GB or EC approved and majority of members have paid
the prescribed amount so levied.
20. ENGAGEMENT OF MANAGER/SUPERVISOR/CARETAKER:
The EC/MC may employ/engage, for the Society/Association, a
Manager/Supervisor/Estate Manager/or Caretaker and the other subordinate
workers, as necessary from time to time, at such remuneration/honorarium
determined by the EC/MC/GB as the case may be to perform such duties
and services and by a resolution can remove, dismiss, or
suspend/disengage any employee of the Society/ Association as it
deems fit or feel their services are not so required, without assigning any
reason thereof. The grounds for such termination or disengagement could be
indiscipline, disobedient, lack of strict vigil, frequent absent on duty, or
lack of fund or Members unwillingness to contribute to the growing financial
need for such engagement;
21. ELECTION AND TERM OF
OFFICE: The term of Office of the EC/MC elected at any Annual GB meeting/or
unanimously nominated shall be for Two calendar years or till
the new committee members are elected at the Annual GB. The retiring members
are eligible for re-election only for one more term. However, no
Committee Member shall be eligible for election for more than two consecutive
terms continuously. Such re-election can be made after a gap of at least Two
years. It is clarified that, such Member is eligible for re-election to the EC/
MC only after a gap of Two years to maintain transparency.
22. VACANCIES: Vacancies caused in the EC/ MC by any
reason shall be filled in by cooption of another non-elected member from
among the owners/members of the society to assist the MC in its day to
day activities, who shall hold office till the next Annual GB Meets and elects
new members.
23. REMOVAL
OF MEMBERS OF EC/MC: At any Annual or Special GB meeting
duly constituted with the required quorum, any or all the Members
may be removed, with or without cause (if the body found that continuity of
such Members in the EC/MC or any Committee is detrimental to the common
interest of the Members of the Society/Association), by a majority of
the Apartment Owners present at such meeting based on the quorum
prescribed u/r 7.1. (Sub rule 1 &2 of Table-7.1.) and successors
may, then and there, elected to fill the vacancy thus created. Any Committee
Member whose removal has been proposed by the Owners, however, shall be given
an opportunity to be heard at the meeting, if he/she wishes so. A
person/Member/Associate Member so removed shall not be eligible to
stand for election to the EC/MC for a period of 2 years.
24. ORGANISATION
OF MEETINGS OF THE EC/MC:
The first meeting of the newly elected EC/MC shall be held within a
week of the election at such place and shall be fixed by the
President. However, the notice reflecting the date, time, and venue shall be
displayed in the Notice Board of the Society/Association. In order to legally
constitute such meeting, the meeting shall be subject to prescribed quorum.
25. REGULAR
MEETINGS OF THE EC/MC:
Regular Meetings of
the EC/MC may be held at such date,
time and place as shall be determined from time to time
by a majority of its Members and, at least, one such Meeting shall be held
during each calendar month. Notice of regular Meetings of the Committee shall
be given to each Committee Member personally or by mail/WhatsApp or displayed
in the Notice Board of the Society/Association at least three clear days
prior to the day named for such
Meetings. The Secretary shall
maintain the minutes of all such Meetings in
consultation with the President or Vice-President and shall cause such minutes
to be recorded within 30 days of the meeting so held.
26. SPECIAL/EMERGENCY
MEETINGS OF THE EC/MC:
Special Meetings of the EC/MC may be called by the President
on One Week Notice to each Committee Member, given personally
or by mail or WhatsApp or by phone and such notice shall state date,
time, place (as herein above provided) and purpose of Meeting. The period of
Notice for such a meeting shall be decided by the President which is depending
on the urgency of the matter to be discussed at such meeting or as incorporated
u/r 7.1 (3). Special /Requisition of the MC shall be
called by the President or Secretary in the same manner as above, on the
written request of at least one third of the total Members of
the Association submitted their requisition stating the reason for such meeting
in writing.
27. QUROUM
FOR EC/ MC MEETING & ADJOURNMENT:
At all meetings of the EC/MC, the presence
of 50% + 1 of the total members (including their
Authorized representatives, Associate members, Deemed Members) shall constitute
a quorum for the transaction of business, and the acts of the Members present
at the meeting at which the quorum is present, shall be the acts of the EC/MC.
If at any meeting of the EC/MC, there be less than a quorum present, the
majority of those present may adjourn the meeting to a
subsequent time and date. If at such an adjourned meeting
also no quorum is present, any business which was
tabled for discussion at the meeting may be taken
up, without further notice, and the decisions arrived at shall be binding on
all. A meeting of such nature cannot be adjourned more than once.
28. RESIGNATION
OF A MEMBER OF EC/MC:
An elected/nominated
member of the EC/MC may resign from the EC/MC on
personal or any other ground at any time by sending a letter of
resignation to the President or in
his absence to the Secretary of the
Association, but the resignation shall take effect from the date of
acceptance by the EC/MC or one Month from tendering resignation whichever is earlier.
29. DESIGNATION
OF THE OFFICERS/OFFICE BEARERS OF THE EC/MC:
The designation of the Principal
Officers and/or Office bearers, as they may also be called, who shall be
elected/or nominated unanimously by Annual GB for a tenure of
Two years are as follows:
(a)President :One
(b)Vice-President :One
(c)Secretary :One
(d)Joint
Secretary :One
(e)Treasurer :One
(f) Executive Body
Member Six (including one female
member)
All are to be elected by the Annual GB
or to be nominated by the EC/MC which is to be rectified by the subsequent
meeting of the GB. The President may nominate any one of the female members
from among the female members of the Society/ Association.
30. REMOVAL
OF OFFICE BEARERS:
If two third of the total
Members submit a written request to the President or
Secretary of the Association for removal of any Office bearer from the EC/MC,
the President may remove such Office bearer from the EC/MC, if he/she so
desires without assigning any reason thereof and his/her successor (s) shall be
selected/elected in any of the Annual/Special GB to fill the vacancy in the
EC/MC. The Member so removed however, shall continue as a Member of the
Society/Association and GB. The decision to remove an Office bearer shall be
ratified in the subsequent Annual or Special GB, failing which the concerned
Officer/Office bearer shall be entitled to be reinstated to the post which he/she
was holding prior to his/her removal and also shall be entitled to hold such
position as if he/she was not removed.
31. PRESIDENT:
The President shall be the Head of the
Societry/Association, and shall guide and supervise its various activities. He/She
shall preside over the Annual/Special GB Meetings and other EC/MC Meetings, the
proceedings of which shall be conducted under his direction and general
supervision. His/her
rulings shall be final at all such meetings.
He/She shall have an additional “CASTING VOTE” in the
event of a tie in the voting. The Vice President shall enjoy all the powers of
the President in his/her absence.
32. SECRETARY
:
The Secretary of the Association shall
be responsible to the EC/MC for day to day activities relating to the proper
management, maintenance, and upkeep of the building and shall:
(a)Look after administration and other
affairs and attend to all correspondence of
the Society/Association;
(b)Keep accurate minutes of the
Proceedings of all the meetings of the EC/MC including Annual and Special GB
Meetings.
(c)Give effects to the directions and
decisions taken at such meetings;
(d)Collect all dues to the
Society/Association and ensure through the Treasurer, where appointed that
proper accounts are maintained of all financial transactions transparently
relating to the Society/Association;
(e)Manage and control the staff and
take disciplinary action as and where necessary;
(f)Institute, prosecute, and defend
suits and other proceedings in which the Society/Association may be involved or
a party to that suit;
(g)Prepare the Annual Report and
financial statement of accounts of the Association under the guidance of the MC
and in consultation with the President or in his absence the Vice-President;
(h)Perform all such duties, as are
incidental to the Office of the Secretary. The Secretary shall maintain an
imprest cash amount of Rs. 5,000/- (rupees five thousand only) to meet the
incidental and day to day contingent expenses;
(i) Maintain a Register of Members;
(j)He shall have charge of such books
and papers, as the EC/MC directs, and shall in general perform all the duties
as authorized by the EC/MC and incidental to the Office of the Secretary
of an Association Secretary/Registered Society; and
(k)The Joint Secretary, on the other
hand, shall work closely with the Secretary and shall perform the duties of the
Secretary in his/her absence and assist the Secretary in all matters.
33. TREASURER:
The Treasurer shall be responsible for
the Association funds and securities and shall also be responsible for keeping
full and accurate accounts of all receipts and disbursements in the books
belonging to the Association including the Guard file carrying all vouchers in
order. He shall be responsible for the deposit of all money and other effects
in the name and to the credit of the Society/Association in such depositories
as may from time to time be designated by
the EC/MC. In the absence of Treasurer, the Joint
Secretary shall perform the duties of the Treasurer.
34. OBLIGATIONS
OF THE MEMBERS TOWARDS ASSOCIATION:
The Members of the Society/Association
shall have the following obligations towards the Society/Association as the
Code of conduct are designed keeping in mind the common interest of the
owners/residents with the following key objectives:
(i) To
ensure safe and secure living environment for all the residents which every
member has to adhere to such norms;
(ii) To
ensure comfortable and peaceful living for the residents with utmost harmony by
ensuring that amenities and common facilities are in good shape and available
to all without any discrimination;
(iii) To
preserve and enhance the brand value of ” DIVINE MANSION” by making it the
most desirable place to live in the Temple city;
(iv) While
selling and letting the flat on rent to any outsider, the Member
shall verify the antecedents of the prospective buyer/tenant to the
extent possible and take at least an informal consent of the
EC/MC so that, elements whose entry in to the Apartment does not
destroy peace after possession, in case it does so, the owner/member alone
shall be held responsible;
(v) All
social and collective functions/gatherings/common dining/collective festivals,
the audience of which is limited to the owners/residents and their relatives
may be carried out in the basement/stilt/parking space and/or top of the roof,
as mutually agreed upon and proper cleaning of the venue immediately after use
must be ensured by the host owner. However, any function where, in addition to
owners, outside guests have been invited and the size of the audience are
considerably more, in such case the function should be hosted at
basement/stilt/parking space to minimize disturbances to the co-residents;
(vi) In
addition to the code of conduct as aforesaid, the Association may issue
additional guidelines in line with the above objectives. It is the
responsibility of the owners/members of the society to ensure that, these
provisions are communicated to the residents in their apartment and are
fully complied with:
(vii) Every
member shall abide by the bye-laws of the Association/Society including all
amendments from time to time, and shall follow all instructions of
the GB/EC/MC, as conveyed to them from time to time;
(viii) Every Owner
shall pay monthly assessments/community fee,
as fixed by the EC/GB/MC, for
the proper Upkeep and maintenance of the Building, which may include
monthly payments to the Staff engaged ( such as Supervisor, Security, Sweeper
Caretaker), General Operating Fund, Corpus fund, Reserve Fund and Sinking Fund,
if any, for periodic repair, Renovation, replacement, etc. The assessment may
also include an insurance premium, if mutually agreed upon for a
policy to cover the cost of repair
of damages caused by hurricane, cyclone, flood,
fire, Earthquake or such other hazards or natural calamities.
(ix) The assessment shall
be made pro-rata (proportionate) according to the area of the
Apartment visa vis the total area of the land on which the build has been
constructed. All such assessments shall be paid within the prescribed time and
place, failing which, the services rendered by the Society/ Association may be
forfeited till the dues are paid, as provided for in the byelaw herein under;
(x) Every
owner who lets his/her/their apartment for occupation by other (s) on lease,
tenancy (on rent), mortgage, or otherwise shall include in the relevant
agreement, a clause approved by the Association, binding the occupant/tenant to
pay, the monthly maintenance assessments/charges/monthly Society fee directly
to the Society/ Association. A Copy of the said Agreement, along with
an undertaking by the occupant (tenant or so) to abide strictly by the
byelaws, rules, and guidelines of the Society/Association from time to time,
and to make in full, and in time, all maintenance assessment as raised, shall
be submitted to the Society/Association, before occupation of the Apartment and
thereafter from time to time;
(xi) This,
however, shall not absolve the owner from his/her/their responsibility to
ensure that all assessments on his/her/their Apartment are paid in time, as
specified by the EC/MC from time to time, and event of any default by
his/her/their occupant, the owner shall himself/herself/themselves make all
payments as raised by the EC/MC;
(xii) Every
Owner shall perform promptly all maintenance and repair work within
his/her own apartment, which if omitted would
affect the Building in entirety, or
in a part belonging to other owners being expressly responsible for
the damages and liabilities that his/her/their failure
to do so may endanger. In doing
so, he/she/they shall not make any
alteration, or modification which may
affect the facade or the main structure of the
Building or the common walls or floors between two units.
(xiii) Every
Owner/Resident shall bear the cost
of all repairs to the internal
installations of his/her/their own Apartment (s)/flat
such as water, light, gas, power,
sewage, telephone, air Conditioners, sanitary installations, doors,
windows, lamps and all other accessories belonging to the apartment (fitted
inside the Apartment);
(xiv) Every
owner/Resident shall fully, and without delay, reimburse the
Society/Association for any expenditure incurred for repairing or replacing any
damages to the Building including the Common Areas, which
if caused due to his/her/their fault;
(xv) Every
Owner/Resident shall grant the right of entry to the Members of the EC/
MC, or any person authorized by them, in case of any emergency
originating in or threatening his/her/their apartment whether the
Owner is present or not.
(xvi) Every
owner/resident shall permit the Members of the EC/MC or any
office bearer of the Society or any person authorized by them to
enter inside the Apartment for the purpose of performing
installations, alterations, or repairs to the mechanical or electrical
services, provided that the requests for entry are made in advance, and that
such entry is at a time convenient to the Owner/Resident. In case of an
emergency such right of entry shall be immediate and without notice.
(xvii) Every
Owner/Resident shall ensure that the Apartment is not used for any
purpose other than residential, except with the express, written
permission of the EC/MC and that other spaces allotted to him/her/them are
utilized only for the specified purposes for which the allotments are made and
such use is not detrimental to the interest of other owners/community. No
Owner/Resident shall use any part of the Premises for any commercial purpose
whatsoever under any circumstances;
(xviii) Every
Owner/Resident shall ensure that
his/her/their children play only at
places allotted if any, and during the hours prescribed by the
EC/MC for the purpose without causing disturbances to the other
owner/residents and ensure that such play shall not cause any damage to the
building or its infrastructure or common facilities in any manner;
(xix) Every
Owner / Resident shall ensure that the Building and the Common Areas
are kept clean and tidy in all respects
and that garbage or trash is thrown only
in the Disposal installations/boxes provided for such
purposes by the Municipal Corporation or by the EC/MC. Such cleaning shall be
the collective responsibility of all the owners/residents’;
(xx) While
giving rent, every owner should avoid giving
his/her apartment on rent to Bachelors or persons with criminal
background, as far as practicable to avoid disturbances;
(xxi) Every
Owner/Resident shall ensure that the rights and privileges of other owners are
duly respected and that no inconvenience is caused to them in any manner.
(xxii) Only
two family member (plus domestic servant) may occupy
one apartment at any given point of time taking the limited resources and
space into account. Subletting or
sharing an apartment, whether for monetary benefit
or otherwise should be avoided, so also servant’s families are
not to be permitted to share the Apartment. Only one servant can stay in the
Apartment;
(xxiii) While keeping
servant, every owner/resident must verify the antecedents of the
servant and keep personal details of the person so engaged to verify his/her
conduct in future, and shall ensure that the staff employed by him/her/them
bear good character and shall be held responsible for their behavior and
actions while in his/her/their service;
(xxiv) Every
Owner/Resident shall use the lifts in such a manner as not to
damage them in any way. Other than luggage,
no package, box, crate or any other heavy
and solid iron article(s) shall be permitted, except with the
permission of the EC/MC. No single item weighing 50 Kgs or more shall
be allowed without the prior permission
and in the presence of a Representative of the
EC/MC/Caretaker.
(xxv) Every
Owner/Resident shall exercise due care about making noise of
any kind or use musical , radios, television sets,
amplifiers etc producing more than the normal sound that
may disturb others and such voice shall not encroach on the
privacy of co-residents;
(xxvi) Residents
keeping domestic animals or other
pets shall abide by the Municipal Sanitary
Bye-Laws or Regulations of the competent authority. EC/MC may issue additional
guidelines to restrict the Hours for the activities of such pets or animals
whose presence may causes noise and disturbance to the residents or may cause
in spreading diseases, make the environment polluted or help to breed
mosquitoes or may cause unwanted nuisance or disturbance to the residents;
(xxvii) Every
Owner shall furnish relevant particulars of any person/ persons
other than the Owners themselves in occupation of
his/her/their Apartment, as may be required by the EC/MC. A letter of
authorization for such occupation shall be given to the EC/MC before
Occupation for the purpose of reference and security;
(xxviii) Every
owner should inform the Society/
Association in advance about the change
in occupancy of their apartment. For
every such change that involves movement of
household goods in or out of building which involves use of lift frequently, a
token fee of Shifting Fee of Rs. 500/-
per occasion will be levied to cover the cleaning and repairs or for
minor damages in common area, additional security and housekeeping
efforts put in by the Association.
The Owner/Resident should take adequate care that no damage is done
to Lift or any other common area due to this movement. Besides, the cost of
repairing any major damages, at the discretion of EC/MC, will be charged to the
Owner’s account. The above fee is to be collected from the tenant/or
owner whose house hold goods are being moved;
(xxix) No
Owner shall sell, or otherwise transfer
his / her / their Apartment to
anyone without prior notice to the Society/Association and/ or without paying
in full all outstanding dues to the Society/Association along with
a Transfer Fee of Rs. 500/- and obtaining a
“NO DUES CERTIFICATE” from the Society/Association. Any default in this regard
will result in the transferee being denied any or all of the services rendered
by the Society/Association including the supply of services that require upkeep
and maintenance on a regular basis, unless the transferee undertakes in writing
to pay all the dues and does so before occupation of the Apartment. However,
this is applicable only to the tenants;
(xxx) No
Owner/Resident/Member/or Tenant shall make any structural or other
modification or alteration or Repair within the Apartment or on
installations located therein except the grill without notifying the
Society/Association through the President/ Secretary of the MC, and receiving
its approval. The Society/Association shall have the obligation to
answer; within fifteen days and failure to do so within the
stipulated time shall mean that there is no objection to the proposed
modification, repair, alteration or installation being undertaken. The
Society/Association shall not refuse permission, unless the work proposed is
likely to affect the safety of the Building, or the installations provided
therein, or alters the façade (the face or elevation of the building), or inconveniences
the co-owners of the adjacent apartments;
(xxxi) No
Owner/Resident/Tenant shall place or cause
to be placed in the lobbies,
vestibules(entrance/reception), stairways, elevators and
other areas any furniture, packages, cycles,
two wheelers or objects of any kind, except the shoe stand;
(xxxii) No
Owner/Resident/Tenant shall use any portion
of the Common area of the Building without
the written permission of the EC/MC which may grant permission for such occupation,
for short periods, and for like, marriages
or other social functions, at their discretion,
provided that the premises so used is released in the same condition as it was
taken, and the cost of cleaning the premises, or repairing damages if any, is
to borne by the user (owner/resident);
(xxxiii) No
Owner/Resident/Tenant shall park his/her/their car or
two wheeler except at the place allotted to him/her/them.
Owners of two wheelers not allotted any parking spaces, but shall park their
two wheelers including cycles inside the boundary of the Building without
disturbing and encroaching the parking space of others. Visitors’ vehicles
shall be parked only in the designated area in the Building for a temporary
duration at their own risk. Only one car (four wheeler) shall be parked in the
one covered parking space by the authorized owner/resident/tenant to whom the
space has been allotted;
(xxxiv) No
Owner/Resident/Tenant shall install any machinery, or equipment, like
generators, Invertors, etc in the Common Areas, especially in the lobbies
or under staircase that makes noise, or cause disturbances to other
residents of the Apartment, in any way;
(xxxv) No
Owner/Resident/Tenant shall put up any hoarding, advertisement, notice,
or poster of any Kind, in or on the Building, except as authorized by
the Society/Association on payment as prescribed by the EC/MC from time to
time;
(xxxvi) No Owner/Resident/Tenant
shall hang garments, rugs, etc.
from the windows, balconies, parapets, or
from any of the facades of the
Building, as this is strictly
prohibited, but can use their balconies for the purpose of drying out
their wet clothes. Further, no Owner/Resident/Tenant shall dust
rugs in any manner on the windows, balconies or on the Common Areas, including
the lobbies and landings.
(xxxvii) No
Owner/Resident/Tenant shall install wiring for
electrical, telephone, or fax machines,
television antennae, air-conditioning units, or
machines on the exterior of the Building,
which protrudes through, or above the walls or roof, except as authorized by
EC/MC as the case may be;
(xxxviii) No Owner
/Resident/Tenant shall engage any staff of the
Society/Association for any personal work without the sanction of the
EC/ MC;
(xxxix) No Owner/Resident/Tenant
or any of their relatives or any person
connected with him/her/them, shall cause any damage,
whatsoever, to any asset of the Society/Association. In the event of so doing,
the full cost of repairing such damage or cost of replacement shall be
borne by the Owner/Resident;
(xl) No
Owner/Resident/Tenant shall use the Common Areas for any
purpose which may hurt the sentiments,
or feelings of any of the residents or
cause inconvenience to them. The Decision of the EC/MC shall be final in
any case of difference of opinion between the residents/owners/members;
(xli) No
Owner/Resident/Tenant shall object to any work being
undertaken by the EC/ MC which is in the common
interest of the Owners,
even if such work
may cause some inconvenience to him/her/them for a
temporary period;
(xlii) No
Owner/Resident/Tenant shall, under any
circumstances, threaten, abuse, reprimand, assault or
in any way take up with the staff employed by the Society/Association, but may
report any misbehavior, or neglect of duty by them to the EC/MC in
writing for consideration, the decision of which shall binding on all;
(xliii) The
EC/MC may request the owners/residents/Tenants to desist from keeping a pet, if
there are reasonable complaints from the residents against
it. Dogs should always be on a leash
(restraint by containing in a rope) or
carried while using the common areas.
The pets should be immunized regularly and the reports should be given to
the manager/Caretaker of the building who will inform the The President or the
Secretary;
(xliv) All
Owners/Residents/Tenants shall be governed by
the club rules, if formed, which may
be placed on the Notice board of the Society
Office from time to time;
(xlv) In case of inter apartment seepage/leakages, except
due to workmanship defect
during the construction of
the building and fault of the developer/builder, the EC/MC
may in consultation with the concerned
apartment owners, fix the responsibility on those who
shall be responsible to repair the same and the decision of the EC/MC
shall be final and binding on the owners concerned. However, in case of latter
reason I.e. due to workmanship defect and negligence of the builder, the
builder/Developer shall be asked to get the repair work done at
their own cost within a reasonable time period, failing which the
EC/MC shall initiate legal action to get relief for the residents and to
protect the building from further damage;
(xlvi) Any
Owner/Member who fails to pay the
“monthly community fee” or “maintenance fee” for a period
of three consecutive months, or
more, any amounts due to the Society/Association,
shall be deemed a “‘DEFAULTING MEMBER” and shall be debarred from,
or standing for election to EC/ MC till the dues are cleared;
(xlvii) Non-payment
of dues to the Society/Association for three months or over, shall
constitute just and sufficient reasons for the EC/MC to deny
the use of any, or all, of the facilities and services, offered to its Members,
PROVIDED that due notice in writing, which shall not be less than fifteen
days, is given to the Defaulting Member. The Notice shall be sent by Speed
Post/or given in Notice Board of the Society office or through WhatsApp. In
the event of the Speed Post letter not being accepted by the Defaulting
Member, the Notice shall be affixed
to the main door of his/her/their
Apartment, and also put up on the Notice
Board of the Society/Association
for information of the Member concerned.
On expiry of fifteen days from the date the Notice is
Pasted on the door of the defaulting Member’s Apartment, the
Society/Association shall be entitled to initiate action for withdrawing its
services to the defaulting member.
(xlviii) In
the event of default in payment of monthly
dues or any other dues levied by the EC/MC/GB to the
Society/Association for three months, or more, the
Association/Society shall have the right to deduct
such dues, from any Deposits made by the Defaulting Member if
any and held by the Society/Association along with the penal interest
that may be fixed by the
Society/Association. And the Society/Association may
initiate appropriate legal action to recover
the dues against such defaulting
member in accordance with law;
(xlix) Members/residents/owners/Tenants shall
put their garbage in a designated garbage box to be kept at the
stilt/parking area which will be de-packed by the security staff or the
sweeper every day morning outside the apartment complex at a
distance for disposal which later may be collected by the Municipality;
(l) Members
shall have to ensure that their children who play in the premises of
the Apartment do not cause disturbance to co-residents nor cause damage to
the building, vehicles, or to any of the installations and common services. In
case, they do so, damage or penalty shall be imposed by the MC as deemed
proper;
(li) Residents/Owners/Members/Tenants
shall ensure that, the vehicles of Visitors are not allowed to
be parked in the parking area. All the vehicles including bicycles of the
visitors shall be kept outside the main gate of the Apartment to which the security
personnel shall keep a strict vigil;
(lii) The
Residents/Members/Owners/Tenants are strictly prohibited not to use the
premises to carry out any political activities nor should they dump any
papers/flags/banners of any political party in common areas;
(liii) No
public gathering or any public meeting-be it religious, spiritual, or physical
or public function or any rituals shall be organized/conducted exclusively
by any outsiders in the premises of the Apartment at any point of
time.
35. INCOME
OF THE ASSOCIATION:
Finance is crucial for sustainability
of any activity or service in any institution or Society/ association. Funds,
therefore, may be raised by the Society/ Association in all or through any of
the following ways:
(a) By Membership fees
to be collected nominally only at the time of joining Society/Association (one
time only) as per table-35.1.
(b) By voluntary
contribution or donation from the Apartment owners;
(c) Monthly
Maintenance/Community fees. Maintenance fee is charged for services provided
and maintenance of equipment facilitated by the Apartment including cleaning
and sanitation, etc. The Society/Association can recover the outstanding fee by
initiating legal proceedings as per the provisions of the byelaw;
(d) From surplus of
income over expenditure which shall form the nucleus of the Reserve Fund;
(e) Shifting fee @ Rs.500/-
per occasion (u/c xxviii of Sec.34);
(f) Transfer fee @
Rs.500/- per occasion i.e. during transfer of ownership or sale (u/c xxix of
Sec.34);
(g) After every social
function organized by the Owners/residents/Tenants/Members of the Society at
the stilt/parking space, a “cleaning and tidy fee” of Rs.
500/= shall be collected from the respective host owner/resident for
cleaning the entire area in which such social function/festival/ritual where
the gathering is more than 20 persons or above was organized including stair
cases in order to keep the space tidy.
(h) Any charity show,
community film shows, sports events, competitions where the guests exceeds 20
or more.
(i) Publication
of books and Journals and such other documents etc. well needed by the Members
and the local public.
Table-35.1
|
No. |
Name of
the fee/charges |
Amount |
Frequency/time |
Relevant
clause of the byelaw |
|
A |
Membership
fee (one time for new members) |
200=00 |
One time
only |
35(a) |
|
B |
Donation/contribution |
Not fixed
voluntary |
Voluntarily |
35(b) |
|
C |
Maintenance/Community
fee |
Rs.600/-
per month or As per need to be estimated/fixed/amended by EC/MC/GB |
Mandatory for
all Owners/Members/ Residents/Tenants |
35I |
|
D |
Surplus
income, if any, over expenditure |
As per
actual |
As and
when available |
35(d) |
|
E |
Shifting
fee |
Rs.500/- |
Per
occasion |
34
(xxviii) |
|
F |
Transfer
fee/Re-sale fee |
Rs.500/- |
Per
occasion |
34 (xxix) |
|
G |
Cleaning
and tidy fee |
Rs.500/- |
Per
event/function |
35 (g) |
|
H |
Any
Charity Show/event such as community film shows, sports events, competitions,
etc, |
As per
actual |
Per
event/show |
35 (h) |
|
I |
Publications
& THEIR SALE |
As per
profits |
- |
35(i) |
(19)
36. INVESTMENT:
The Society/Association may invest or
deposit its funds in the following:
(a) In any Public
Sector Bank or Government financial institution in shape of FD;
(b) In any banking
company, or institution, approved for this purpose by the Association;
(c) Any other
Securities specified in Sec.20 of the Indian Trust Act, 1882; and
(d) Any other means to
be approved by the EC/MC/GB from time to time.
37. AFFILIATION:
Should there be any Society/Federation
of Associations of Apartment Owners in Odisha, the Association may become a
Member thereof and pay the contribution from time to time, payable to such
Federation under it’s rules and subject to availability of fund and may
continue as a Member of that federation or association till it can afford.
38. HEADS
OF EXPENDITURE:
The following are the possible heads of
expenditure of the Association which are mostly recurring, routine, and
contingent in nature:
(a) Payment of
wage/salary/remuneration/honorarium to personnel
engaged to look after day to day security, watch and ward, and
for cleaning and sanitation of the Apartment;
(b) Payment of energy
charges of the common areas and amenities like Lift and Motors, Pumps, etc.;
(c) Repairs and
replacement of spares of all equipments and apparatus including all
installations (after expiry of their prescribed warranty period);
(d) Cost of
correspondence such as typing, Xeroxing, postage, e-mail, internet, telephone,
etc.
(e) Purchase of
stationeries and other items required for maintenance of office, books
accounts, etc such as files, registers, ledgers, guard files, papers, notice
board, stamps, flower brooms, phenyl, bleaching bleaching
powders, flowered trees, sign boards, and such other
items etc;
(f) Electric bulbs for
common areas; and
(g) Any other item
with the approval of the EC/MC/GB or President;
(h) Uniform dress for
the security staff at the gate;
(i) AMC of
equipments and apparatus (like Lift, Generator, Inverter, Transformer etc.)
(j) Any such item with
the approval of the MC, if required for the day to day functioning of the
Society/Association and in the common interest of the Members.
39. ACCOUNTS:
(a)An account of the
Society/Association shall be opened by the EC/MC in any of the Nationalized
Public Bank in which, all money, fees, charges, subscriptions, etc.
received on behalf of the Society/Association shall be deposited, provided
that, the President or the Secretary of the Association may retain in
their personal custody an amount not exceeding Rs. 500/- (rupees five
hundred only) in hand at any point of time as imprest money to meet
petty/contingent expenses. All payments above Rs. 500/- (rupees
five hundred only) shall be made by Cheques jointly signed by the
President and the Secretary as/or authorized by the EC/MC;
(b) The Society/Association shall, on
or before March every year, publish an audited Annual
Financial Statement containing: (i) income and expenditure of the
relevant previous FY; (ii) a summary of properties, assets, and liabilities;
(iii) an audited financial statement which shall be open to inspection of any
member of the Society/Association with a copy to be submitted to the competent
authority not later than 15th Aug every year. Every
financial statement shall be accompanied by a complete list of Apartment owners
till the date of preparing the statement and shall state up to what date
profits and expenses of common areas are included.
40. PUBLICATION OF ACCOUNTS AND
REPORTS:
The financial year of
the Society/Association shall be from 1st April to 31st of
March. A Copy of the last financial statement along with the report of
the Auditor, if any, shall be kept in a conspicuous place in the Office of the
Association for record and perusal of the members at the time of need.
41. APPOINTMENT
OF AUDITORS:
The Society/Association shall appoint
at its Annual General Body/or Special GB meeting or in EC, as the case may be,
an Auditor who shall audit the accounts of the Society/Association to be
prepared by the EC/MC, as herein before provided and shall examine the Annual
Return and verify the same with the accounts relating thereto, and shall either
sign the same as found by him/her to be correct, duly verified, and in
accordance with Law, or specifically report to the Society/Association in what
respect he/she finds it incorrect, un-vouch red and not in
accordance with the law as well as the standard accounts procedure.
42. POWER
OF AUDITOR:
The Auditor shall be entitled to call
for, and examine any papers or documents belonging to the
Society/Association relating to the Building,
including the Common Areas and Facilities ,
make thorough scrutiny of accounts and find out whether the amount so spent are
in conformity with the standard accounts procedures and bylaws and
shall make a special report to the Society/Association President or
Secretary upon any matter connected with the accounts which appears
to him/her to require notice.
43. NOTICE
TO SOCIETY/ASSOCIATION:
(a) If an owner, who
mortgages his/her/their unit(s)/apartment, shall notify the Society/Association
through the Secretary of the EC/MC, the name and address of
the party to whom the unit has been mortgaged with reasons and the
Secretary of the Society/Association shall maintain all such information in a
book/register entitled “ MORTGAGES OF UNITS/APARTMENTS”;
(b) An
Apartment/Flat Owner shall notify in writing to the Society/Association of
his/her intention before he/she conducts a Sale, Lease or mortgage Agreement in
respect of his/her Flat/Apartment/Unit and in such case; he/she shall pay all
the unpaid assessment of the Society/Association including interest, if any, on
such outstanding balance. In case of a default, all such outstanding
amounts will automatically devolve upon the buyer or the new lessee.
Without an explicit written NOC from
the Society/Association, no such transaction
– as referred in (a) above is to be taken up. Any violation of this will
be treated as null and void. The Society/Association will have first lien over
the rent payable or over the sale proceeds in the event of any default by any
member in paying the dues. The mortgager shall pay all dues to
the Society/Association BEFORE affecting
the mortgage, failing which, the services of the
Society/Association shall not be made available to the mortgagee.
44. SEAL
OF THE ASSOCIATION:
The Society/Association shall
have a common seal which shall be in the custody of the
Secretary and shall be used only under the authority of the Resolution
of the Executive Committee/ Management Committee and every Deed of
Instrument to which the seal is affixed shall be attested, for and on behalf of
the Society/Association, by Secretary or President or any other person
authorized by the EC/MC/GB, as the case may be, of the
Society/Association in that behalf and the chronological record of use of the
seal shall be maintained by the Secretary in a register kept for the purpose.
45. REGULATIONS,
RULES AND ADMINISTRATIVE PROCEDURES:
The
Society/Association have the right to frame
rules, regulations, guidelines and procedures for
the administration of Apartments, its common areas and
facilities as well as frame guidelines of restrictions and measures designed to
prevent the unreasonable, improper and misuse of
facilities and common areas which will interfere
with the peaceful occupation of units
by respective Owners /Residents and conducive to
their day to day living environment including preventing of unwanted costs
levied on the entire society members. Such measures / restrictions shall be
implemented within a reasonable time.
46. AMENDMENT
OF BYELAWS:
These Byelaws may be amended by the
Society/Association in a duly constituted Meeting for such purpose
and no amendment shall take effect
unless approved by the Owners Representing at
least three-fifth (3/5) of the Apartment Owners (48)
present at the meeting. Rules framed by the EC/MC are in the general interest
of residents as a guiding factor and the committee alone has the right to amend
or alter the same and shall make the proposed amendments to the GB for
approval. However, the proposed/recommended amendments should be circulated to
Members over WhatsApp or email only or else shall be presented before the table
in the meeting.
47. MAINTENANCE
OF REGISTERS:
The Society/Association, in order to
maintain transparency and accountability including fair and impartial dealings
in all its activities, services, and transactions, shall maintain the same in
the appropriate Registers, among which, the following deserve mention:
(a) Visitor’s Book
with appropriate columns and rows;
(b) Use Record of
Association seal;
(c) Accounts
Register/Cash Book showing receipt and expenditure ;
(d) Voucher Ledger
pertaining to all purchases in Guard File
(e) Mortgages/Lease of
Units/Apartments made by the Owners;
(f) Properties/Stock/Assets
Register;
(g) Liabilities
Register;
(h) Consumable items/Stationary
register;
(i) Payment of
wages/honorarium/ allowance to Association Staff Members;
(j) Collection of
Monthly Maintenance fee/Community charges;
(k) Shifting fee and
Transfer/Re-sale fee collection Register;
(l) Dak Dispatch
Register;
(m) Dak Delivery Register;
(n) Attendance
Register of the Society Staffers
(o) Occupancy Register
(p) Cashbook
Any other register required with the
recommendation of the EC/MC.
48. MISCELLANEOUS MATTERS:
(a) Association as
Arbitrator:
There may be internal matters in the
apartment or society that need to be resolved or the apartment
Society/Association or Management may have disputes which may require legal
intervention. In such cases, the owners Association or Society can act as
an arbitrator between members or residents and help to resolve
disputes outside the Court. Approaching court is not always recommended as it
may take months or even years for resolution of the dispute. The
Society/Association can either hire a legal advisor or appoint an advocate, if
needed, to look into legal issues pertaining to the Society/Association.
(b) Apartment Owners
Association/Society can be sued:
The Residents’ Welfare Society
(association of owners) can be sued by members or parties, if the said
society/association fails to meet its statutory obligations. This well-drafted
by-law should enable any apartment owner to raise issues in which case it
is mandatory for the EC (who manages the day today affairs of the
society) to address these issues adequately. There could also be common
issues faced by many apartment owners with regards to the Society/Association
being unresponsive to their concerns. There may be instances where the members
find that the Society/Association is actively working against their interests.
In such instances, the members of the apartment owners/Society has
the right to raise any issue which they feel is
detrimental to their interests and demand a meeting of the
Society/Association for the same. If the society/association fails to
take action on such a complaint, then members can, as a last resort, approach
the court to seek relief to their grievances. In such
cases, the members can then consider complaining to the concerned
Registrar of Societies in this regard. The Registrar has the right to
cancel the registration of the Society/apartment owners association
which fails to meet statutory obligations and in cases where there are
huge disputes over the management of the Society/Association.
(c) Core Objectives of
the Society/Association:
The primary responsibility of the
EC/MC of the Society (Divine Mansion Residents’ Welfare Society) is to ensure
proper maintenance of the Apartment Complex, keeping the complex clean and tidy
and to resolve any issues that residents face in a timely and effective manner.
(d) Amendment and
Adoption of byelaws:
Once the bye-laws are adopted, the
Society/Association can function forever with particular set of rules. However,
the bye-laws can also be amended by the residents in GB, if the need arises.
The new set of amended bye-laws will become functional for the Society from the
date of approval by the Registrar.
(e) Amusements/Entertainment
Programs:
For the purpose
entertainment/amusement, the Society/Association can also form and
organize “Women’s Club”, “Laughing Club” periodically and can
start a small library to facilitate reading habits within its
limited resources to be mutually agreed by the majority of Members to ensure a
happy and conducive ambience in the Apartment.
49. DISSOLUTION
OF THE SOCIETY:
Any
number not less than three-fifths of the members of
the society may determine it shall be dissolved, and thereupon it
shall be dissolved forthwith, or at the time upon, and all necessary steps
shall be taken for the disposal and settlement of the property of the society,
its claims and liabilities according to the rules of the said thereto, if any,
and if not, then as the EC/MC/GB body shall find expedient, provided that, in
the event of any dispute arising among the said EC/MC/GB body or the members of
the society, the adjustment of its affairs shall be referred to the principal
court of original civil jurisdiction of the district in which the chief
building of the society is situated; and the court shall make such
order in the matter as it shall deem requisite.
50.
MEMBERS LIABLE TO BE SUED AS STRANGERS:
Any member who may be in arrear of a
subscription or dues outstanding against him/her which according to the rules
of the society, he/She is bound to pay, or who shall possess himself /herself
of or detain any property of the society in a manner or for a time contrary to
such rules, or shall injure or destroy any of the society, may be sued for such
arrear or for the damage accruing from such detention, injury, or destruction
of the property in the manner hereinbefore provided.
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