BYE-LAWS
RULE AND REGULATIONS
1. Name of The Association : 630 LIG WELFARE ASSOCIATION
2. Location Of Office : Ground
Floor, Block No.7, 630 LIG Venture-2, Phase-4,
KPHB Colony, Kukatpally Mandal, Medchal District, Telangana -500 085.
3.
MEMBERSHIP:
a)
All Flats owners of the Township, by virtue of
being owners automatically become the members of the Association and no other
person or entity shall be entitled to member ship. All the Members in the
Association, all persons using and entering upon or acquiring any interest in
any unit or the common elements shall be subject to the provisions and terms
set forth in the Association documents. Any tenants or employees of the
Association / temporary residents cannot be the members of the Association.
b)
Upon any Flat Owner selling his/her flat or
Absolutely conveying the same by way of gift after the stipulated time under
his will or otherwise, the purchaser or Donnie shall automatically have right
to become a member of the Association, by production of such evidence or
document to the Association. Transfer fee as decided by Executive Committee
from time to time to be paid by the purchaser or donee at the time of admission
as member in association.
c)
On the death of the house owner, upon subsequent
transfer to the person or persons to whom he bequeaths the same by his will or
to the legal representatives of his estate, such person(s) shall have the right
to become the members.
d) Joint Flat Owners: Where two or more persons have purchased a Flat jointly, they shall together nominate one of the owners as a member to exercise the right of Vote.
4.
JURISDICTION:
a)
Jurisdiction of 630 LIG WELFARE ASSOCIATION:
The jurisdiction of 630 LIG WELFARE ASSOCIATION includes “Blocks B5, B6, B7, B8” and the
common areas, Landscaped areas, apartment premises like lifts, parking places,
roads.
b)
APEX COMMITTEE
(i) The ratio of sharing expenses will be in proportion to the plinth area of Apartments etc., respective individual contributions assessed in Proportion to their unit sizes.
5.
DEFINITIONS:
In these bye-
laws unless the context requires otherwise:
a)
Act means Telangana Public Societies Registration Act, 2001.
b)
THB means Telangana Housing
Board.
c)
AGM means Annual General
Body Meeting.
d)
Bye- Laws means the Laws enacted
by the Association.
e)
Block means “Stilt + 9”
storied Block having “126 / 126 / 198 / 180” Flats as the case may be.
f)
Committee means Executive
Committee.
g)
Default means an act or omission
contrary to these bye-laws, non payment of dues to the Association for a period
of ‘3’ months and above or act in a manner prejudicial to the interest of
Association or fail to comply with the decisions of the General Body meeting or
act in a manner contrary to social accepted norms.
h)
Dwelling unit means one Flat
either in a floor / Block.
i)
Establishment means Association’s
Office. The staff in the office and other employees paid from the Association
funds.
j)
Owner means a person(s) in
whose name(s) the flat exists.
k)
Reconstruction means changing the
existing structure of the Flat / Block.
l)
Resident means a person residing
in the township.
m)
Maintenance Charges means levied every
month on the residents of the township to pay for the services provided by the
Association. Which are subject to charges from time to time by executive committee.
n) Tenant means any person other than the Owner who occupies the flat even if he is Owner of another Flat.
6. FUNDS:
a) The main source of funds is the “MAINTENANCE CORPUS FUND” created with the maintenance deposit contributed by each and every flat owner at the time of taking over of flat in his / her / their favour and the details are as given below. On formation of the Elected welfare Association of all the flat owners, balance if any of the maintenance corpus fund shall be transferred to the said welfare association and the deficit if any, by collecting from the members who have paid Corpus Fund.
|
Flats |
Maintenance
Deposit per Flat |
Amount for
each Category |
|
|
Category |
Numbers |
|
|
|
B5 |
126 |
5,000.00 |
6,30,000.00 |
|
B6 |
126 |
5,000.00 |
6,30,000.00 |
|
B7 |
198 |
5,000.00 |
9,00,000.00 |
|
B8 |
180 |
5,000.00 |
9,00,000.00 |
|
Total |
630 |
|
31,50,000.00 |
b)
This contribution shall be from the members who
initially purchase the flat from the THB only and the subsequent transfer of
the flats and membership shall not obligate the new incoming/ substitute
members to pay this special contribution. Unless there is deficit in
maintenance corpus fund, the balance contribution paid by the original
purchaser shall be held against the name of the new incoming/ substitute
member. However, the new said member has to pay Rs.1000/- as processing fee as
decided by the executive committee from time to time for transferring the
membership in his / her / their name(s).
c)
The unsold flats if any their 100% maintenance
/ deposit charges will be born by the THB.
d)
The Association can replenish funds from the
Flat Owners in the event, the maintenance fund has gone below Rs.20,000/-.
e)
Not with standing anything contained in these
byelaws, the “MAINTENANCE CORPUS FUND” shall be invested in fixed deposits with
such Nationalized Banks as the Executive Committee may decide and the interest,
which accrues from the said fixed deposits, can be used for maintenance of the
township or reinvested, till the requirement of capital expenditure arises.
f)
The Treasurer and the President is responsible
for over all finance and it is their duty to ensure that all amounts spent is
in accordance with the approved budget and authorized expenditure is within in
their financial powers.
g)
Accounts shall be audited quarterly by internal
team of members and annually by charted accountant. Executive Committee will
appoint the Charted Accountant.
h)
Financial year commences from 1st
April onwards and ends on 31st March of succeeding year.
i) The funds of the Association shall be spent only to the attainment of the objects of the Association and no portion of thereof shall be paid or transferred directly or indirectly to any one of its members through any means.
7.
GENERAL BODY:
The ultimate authority in all maters relating to the administration of the Association shall vest in the General Body. The General Body, shall not however, interfere with the powers of the Executive Committee in respect of matter delegated to it in the byelaws.
8.
MANAGEMENT:
a)
The management of the affairs of the
Association shall vest in Executive Committee consisting of i.e. a President,
Vice-President, Secretary and Treasurer besides ‘8’ Resident members.
b)
All the members of the Executive Committee of
the Association initially by selection through an order of Telangana Housing
Board and later shall be elected by the General Body as and when elections are
conducted, who shall be elected from among the members in the following manner.
c)
Resident Members: The members of the
first Executive Committee and the respective offices they hold shall be as
follows:
d)
|
S.No |
Designation |
Category |
Name |
Flat No. |
|
1 |
President |
all Categories |
|
|
|
2 |
Vice President |
all Categories |
|
|
|
3 |
Secretary |
all Categories |
|
|
|
4 |
Treasurer |
all Categories |
|
|
|
5 |
Executive Member |
B5 |
|
|
|
6 |
Executive Member |
B5 |
|
|
|
7 |
Executive Member |
B6 |
|
|
|
8 |
Executive Member |
B6 |
|
|
|
9 |
Executive Member |
B7 |
|
|
|
10 |
Executive Member |
B7 |
|
|
|
11 |
Executive Member |
B8 |
|
|
|
12 |
Executive Member |
B8 |
|
|
9. TERM OF THE EXECUTIVE COMMITTEE:
a)
The members of the 1st Executive
Committee shall hold office for a period of ‘two’ years from the time of
assumption of office or until such period the elections were held and the
elected body assumes charges of the management of the Association whichever is
earlier. The elected body also shall hold office for a period of ‘Two’ years
from the date of assuming the charge.
b) Any member of the Executive Committee may at any time resign from his office by sending a letter of resignation to the President of the Association. But, such resignation shall take effect only from the date on, which the Executive Committee accepts it. The Executive Committee may fill up the vacancies created due to resignations. Their term will also end at the expiry of the term of the committee.
10. GENERAL BODY MEETING
a)
The General Body will meet in the month of
February every year. The meetings will be called Annual General Body Meetings.
Such Meetings shall be presided by the President and in his absence by the Vice
President.
b)
The meetings of General Body are convened at
least once a year or often if necessary by the President.
c)
At every alternative General Body meeting, the
members shall elect the Executive Committee.
d)
The Budget for the ensuing year shall be passed
and annual report for the previous year shall be approved at Annual General
Body Meeting.
e)
The Annual General Body Meeting shall appoint
Auditors each year for audit of accounts of the Association.
f) The Annual General Body Meeting shall be convened after giving ‘15’days clear notices of the proposed meeting to be held.
g) The quorum for the Annual General Body Meeting shall be 15% to 20% strength of flat owners.
h)
The President shall call General Body Meeting
on the written requisition of at least ‘50’ members with in a month after the
receipt of the requisition.
i)
The
President can call an extraordinary General Body Meeting giving ‘7’ days clear
notice. Generally the President will be the Chairman of all meetings.
j)
There shall be an agenda communicated for every
meeting and the Association shall maintain the minutes of the meetings which
shall be signed by the President.
k)
If there is no quorum, the Chairman may adjourn
the meeting for half an hour and conduct the meeting with any number of members
that are present. Such adjourned meeting can deal with any item of the Agenda
excepting the amendment of the byelaw.
l)
The President or in his absence, the
Vice-President shall preside at all meetings of the General Body and the
Executive Committee. They shall be allowed to exercise vote as a second vote whenever
there is equality of votes in any issue and in the absence of the President and
Vice-President, a Chairman shall be elected from among those present. The
Chairman so elected shall also exercise casting vote as a second vote whenever
there is equality of votes. No Executive Committee members including the
President or Vice-President shall be present at a meeting when a matter in
which he is directly or indirectly interested, is being discussed.
m)
The Secretary shall be responsible for sending
notice of the General Body meeting to every member, at least two weeks in
advance, enclosing the details of Day, Date, Venue, Timing and agenda of the
Meeting. A copy of budget of previous year and proposals for the current year
shall also be forwarded.
n)
Besides the normal / routine General Body
Meeting, a special General Body Meeting can be called for either by the
Executive Committee or based on a written requisition by at least ‘50’ members
stating the reasons therein for such a meeting. The conduct of such meetings
will follow the same procedures of General Body meeting.
o)
Each Member has one vote. All out standing
issues will be decided by voting as directed by the President.
p)
The Secretary shall maintain an up to date list
of the members qualified to vote in the meeting. The list can be supplied to
members in a reasonable time frame at a cost to be fixed by the Association.
q)
The order of business at the General Body
Meeting will be as follows.
i. Ensure
presence of the requisite quorum.
ii. President’s
address.
iii. Reading and
approval of the minutes of previous general body meeting.
iv. Reading and
approval of Secretary’s report high lighting previous year’s activities.
v. Reading and
approval of previous year’s accounts, financial statements and budget estimates
for ensuing year, appointment of auditors and internal auditors.
vi. Discussions
on agenda points and there after any other points with permission of Chair.
vii. To pass any
resolution either to ratify the actions taken by the Executive Committee in
previous year or to authorize the Managing Committee to carry out specific work
tasks.
viii. Amendments to
bye- laws.
ix. Expulsion of
members if any to be considered.
x. To discuss
points for improvement and development of the Township.
xi. To discuss
legal, other cases of members functioning against the interests of the
Association.
xii. To pass
resolution by majority for implementation of the decisions taken during the
meeting.
xiii. To take
decisions on disciplinary / legal action against members acting in a manner
detrimental to the interest of the Association.
xiv. Election of Executive Committee if due.
xv. Vote of thanks.
r)
Voting: (i)Every Flat owner has
one vote. A simple majority of the members present will decide any issue. A
member with outstanding dues for more than three months or if found to be in
defaulters list, will forego his right to vote. Voting rights are restored when
his name is removed from the defaulters list.
(ii) The THB
will have right to authorize to vote for the unsold flats.
s) Proxy: A Proxy can attend a meeting with specific authorization from the concerned Flat owner to attend and to vote and such authorization letter along with copy of sale deed shall be produced at least one day in advance of such meeting. Each eligible person shall vote only once.
t) Elections
(i)
All the members of the Executive Committee will
be elected by secret ballet (in General Body meeting) by the members of the
Township Association.
(ii)
Executive Committee members shall be elected
only “Two” from any block.
(iii)
The elections for the Executive Committee will
be held once in ‘2’ years and will be by secret ballot. In case number of
candidates is equal to or less than the required members, election may not be
required. In all other cases, elections will be conducted.
(iv)
The owners to conduct the free and fair
elections by secret ballot will form three
members committee. i.e. Election
committee.
(v)
The Secretary will prepare the list of voters who
are regular payment of maintenance charges. Defaulters are not eligible to vote
in elections.
(vi)
Election notification will be given by
displaying on Notice Boards and written communications to members well in
advance i.e. 15 days to the addresses updated in the records of the
Association.
(vii) The Flat owners who have leased out their flat to a tenant shall update their present addresses for any communication and the society will not accept any responsibility either for non receipt / delay in receipt of any communication.
11. EXECUTIVE COMMITTEE
MEETING
a)
The Executive Committee will meet as often as
is possible but not less than once in a month.
The Secretary can call a meeting with prior approval of the President
with ‘7’ days notice. In special circumstances, the President may however, may
convene a meeting of the Executive Committee. The President shall call for a
meeting of the committee with in ‘7’ days after receipt of the requisition in
writing signed by at least by 2/3rd of the members of the Committee
for such a meeting. The Secretary shall maintain record of complete proceedings
of the meeting in the minute’s book. If a member absents himself continuously
for three meetings, he ceases to be a member of the committee. He can be
reinstated only once, if the committee considers his written explanation
satisfactory.
b)
Quorum: The quorum of the
Executive Committee shall be 2/3rd of the total members (i.e.; ‘10’
members out of ‘15’ members).
c)
Voting: All matters before the
committee shall be decided by a simple majority of the members present. Should
there be an equality of votes, the President or other presiding member shall
have a casting vote. No member of the committee shall be present at a meeting
when any matter in which he is personally interested is being discussed.
d)
Disqualification of member: No person
shall be eligible for being chosen as and for being a member of the committee,
if he/she in default to the Association for a period of ‘3’ months or more in
respect of the monthly maintenance charges or any other amount that is payable
to the Association besides the following.
i. A paid
employee of Association
ii. Has contract
interest in the Association
iii. Is involved in litigation against Association.
12.
POWERS OF EXECUTIVE COMMITTEE
a)
The Executive Committee shall have the powers
to appoint the requisite number of staff and various workers for maintenance of
Entire Township. The committee must draw up service conditions and frame rules
of employment. The Executive Committee has the powers to terminate the services
of their employees.
b)
The Executive Committee can enter in to an
agreement of contract with outside agencies in exercise of their duties.
c)
The Executive Committee has the right to file
court cases to protect the interest of the Association.
d)
The Executive Committee has the powers to spend
up to Rs.50,000/- per transaction for repairs in immediate emergencies.
e)
The Executive Committee has powers to decide
and collect the maintenance charges.
f)
The Executive Committee has powers to
disconnect the Power / Water supply to defaulters who have not paid the
maintenance charges for consequent three months.
g)
The Executive Committee has powers to remove
any encroachment inside the Township premises.
h) The Executive Committee is empowered to impose fine up to Rs.500/-for each act of omission or non- compliance of laws that result in conflict, cause disturbance to peace, throwing garbage in common areas, nuisance by pets, causing damage to Association’s property and so on.
13.
DUTIES OF THE EXECUTIVE COMMITTEE
a)
The Committee is responsible for running an
office for maintenance of records, accounts, correspondence and all day-to-day
administration.
b)
The main duty of the committee is maintenance
of supply of water, un-interrupted supply of electricity; ensure security,
maintenance of roads, children parks, landscaping, street lights, garbage
disposal and cleanliness of sewerage lines and common facilities.
c)
Timely collection of maintenance charges and
other duties.
d)
Optimum utilization of funds and to ensure all
expenditure is strictly in accordance with the decisions taken by the General
Body.
e)
Maintenance of Accounts and periodical audits.
f)
Organize entertainment and recreation
activities like site seeing with in the country and abroad.
g)
To develop good rapport with THB officials and
other Government Departments for the welfare of the township.
h)
The committee has powers to issue “Identity
Cards” to the residents and their servants, passes to all the vehicles.
i) Any social activities conducting by any person has to take prior permission from the association
14.
SERVICE OF MEMBERS TO BE GRATUITOUS
The service of the members of the Executive Committee shall be gratuitous.
15. POWERS OF THE OFFICE BEARERS
Subject to such resolutions as the committee may, from time to time, pass in this behalf, the several officers of the committee shall have the powers mentioned below.
a) PRESIDENT
The president
shall exercise general control and supervision over the affairs of the
Association and the work of its officers. He shall with the approval of the
Committee make arrangements for the safe custody of cash and other properties
of the Association and frame suitable byelaws for this purpose. Subject to the
approval of the committee, he shall also have power to appoint the employees of
the establishment as well as remove them and also preside over the General
Body, the committee and other sub-committee.
The president shall exercise the powers delegated to him by the committee, and may, subject to the approval of the committee, delegate any of his power and duties to the Vice-President or in his absence to any of the committee member for a specified period and may withdraw any power so delegated.
b) VICE-PRESIDENT
The Vice-President shall assist the President in his day-to-day functions. Further, whenever the President is obliged to absent himself from his office by reason of his absence from head quarters or illness or any other cause, the Vice-President shall exercise the powers and perform the duties of the President.
c) SECRETARY
a.
He is the main administrative / executive
officer of the Association. He is the custodian of all records, documents,
files and correspondence of the Association.
b.
He undertakes all correspondences on behalf of
the Association. He is responsible for recording the proceedings, minutes of
all meetings of both General Body and the Executive Committee.
c.
In the case of the General Body Meetings, he
ensures that the minutes of these meetings are correctly dispatched / posted to
out station members.
d.
He is responsible for convening various
meetings, ensuring adequate notice period, and issuing the approved agenda to
members.
e.
He will prepare reports of all relevant
activities of the Association for the information of the General Body.
f.
He will assist the Treasurer in the preparation
of financial statements, along with audit reports, which are to be presented at
the General Body Meetings.
g.
He is responsible for all aspects concerning
the overall security and the maintenance of good order in the Township.
h.
He will be the coordinating officer between the
various office bearers of the Association.
i.
He is the PRO of the Association and shall be
representative with out side agencies when the president has nominated no other
member for the purpose.
j.
The overall development, proper upkeep and
general maintenance of the township will be his responsibility.
k.
He is required to oversee proper working and
performance of duties by the staff and other employees of the Association.
l.
He is responsible for close & continuous
liaison and coordination with concerned departments.
m.
The Secretary shall be the officer to sue or to
be sued on behalf of the Association and shall have the powers to appoint
advocates, sign appropriate legal or written documents and give sworn
affidavits with the approval of Executive Committee.
n. Implement decisions of the Executive Committee and General Body.
d) TREASURER
a)
He shall be responsible for all financial
aspects of the Association. He will maintain proper accounts of income and
expenditure. Every transaction will have proper voucher / receipt authenticated
by the treasurer.
b)
He shall be responsible for disbursing salaries
to the employees and control expenditure as sanctioned by General Body,
Executive Committee, Secretary or the President.
c)
He is responsible for getting accounts audited
and for preparation of annual financial statements after audit.
d) He is responsible for safe custody of all financial documents like Cheque Books, Pass Books, FDRs, Account Books, Journals, Bank Accounts, Bank Statements, financial agreements etc., He will also produce defaulters list at the end of each month.
e) Executive
Committee Members:
Members will carry out duties as assigned by the President / Secretary. They are also responsible for implementation of byelaws by all the residents of the 630 LIG and report breach of rules or conduct to the office.
a)
The president and the Secretary has powers to sanction
an expenditure up to Rs.5000/- and
Rs.10,000/- respectively for one transaction to meet urgent repairs / emergency
remedial measures such as break down of water supply, electricity, sewerage
system etc., in the Township. Such expenditure
b)
The Executive Committee has powers to sanction
up to Rs.50,000/- for any one transaction.
c)
The Treasurer may retain up to Rs.2,000/- in
cash for petty expenses.
d) Payments shall be made only on supporting documents like vouchers.
Bank Accounts: Bank Account/s shall opened in the name of the Association and the same shall authorize the operation of such accounts jointly by any two of: the Secretary and the President / the Treasurer.
16.
MAINTENANCE CHARGES:
a)
All Flat owners are obliged to pay monthly maintenance
charges before 5th of every month in advance to meet all expenses
relating to the “630 LIG WELFARE ASSOCIATION” which may include an
insurance premium policy to cover repair and reconstruction work in case of
Hurricane, Fire, Earthquake or other hazard of calamity.
b)
Maintenance charges shall include monthly
payments to a general operating reserve and reserve fund for replacements.
c) Should a member fail to pay the monthly maintenance charges to the Association as fixed by the General Body even after extended period, then the Association can disconnect the access of all the amenities such as Power, Water, Gas etc., till such members pays all the outstanding dues along with the interest @ 12% P.A. or at the rate as fixed by the Association from time to time.
17. DUTIES AND
OBLIGATIONS OF MEMBERS AND RESIDENTS:
a)
Every member/resident shall pay maintenance
charges as approved by the Executive Committee for the services provided in the
colony. The amount can be paid on monthly basis or on yearly basis in advance.
Owners of vacant flats are not exempted from paying maintenance charges.
b) Members letting out their flats are responsible to ensure that their tenants pay maintenance charges and do not ‘carry out any commercial activities in the township or act in any manner detrimental to the interest of the township’.
c)
Members / residents under no circumstances
shall occupy or use open spaces in the township, roads and pavements for
private purpose such as private parties / receptions or religious ceremonies
and erection of shamianas in these area is banned.
d)
Residents / members shall refrain from causing
irritation and inconvenience to their neighbors by loud music, parties,
bursting crackers and so on.
e)
Inside the Township, the children, pedestrians
and cyclists have the right of way. The speed limit for all vehicles is ‘15’
kmph. Elders must accompany their children of age below’5’ years.
f)
Residents / Members must ensure that all
garbage / refuse is properly packed and kept readily available for collection
by the conservancy staff of the Association. The concerned staff may not
collect garbage if it is not in proper packs / bags and the conservancy staff
may move to next flat if garbage is not made available when on his round. The
Executive Committee reserves the right to impose fines on any member / resident
found throwing litter/ rubbish in the common areas and not in the garbage base
/ dust bins. Excuse such as servant maid had defaulted will not be accepted.
g)
Members / residents must not release their pet
dogs loose out side their flats. Dogs must be taken out on a tight leash and
must be positively restrained from defecating green carpets of landscaped
gardens, or on the roads or on the narrow berms of the township. Pet dog owners
shall be charged a fee of Rs.50/-per quarter.
h)
Cars shall be parked in parking places allotted
to a particular flat. The host is responsible to ensure that his guests park
their vehicles correctly and does not cause inconvenience to the other
residents. No vehicle should be parked in the driveway under any circumstances.
i)
All the residents must obtain Identity Cards to
them and to their servants by paying requisite fee as decided by the
Association.
j)
Residents are responsible for the conduct of
their servants inside the township and must ensure that the servants are in
possession of proper security passes issued by the Association office.
k)
Resident’s cars / scooters shall display the
associations vehicle labels pasted on left hand side of the wind screen in case
of cars and at an easily visible place on the front portion of two
wheelers.
l)
Members / residents must cooperate to maintain
landscape gardens and neatness in the entire township.
m) Incoming tenant to pay one time amount as decided by the committee from time to time for the service rendered by the association.
18.
REPAIRS TO FLATS BY FLAT OWNERS:
a)
Owners / Residents are expected to carry out
repairs to their flats for all round safety and it should not be inconvenient
to others.
b)
All the repairs of internal installations of
the units such as water lines, Gas, Power, Sewage, Telephone, Air conditioners,
Sanitary installations, Doors, Windows, Lamps and all other accessories
belonging to the unit area shall be at the cost of the flat owner concerned and
shall be the responsibility of the flat owner.
c) An owner shall reimburse the Association for any expenditure incurred in repairing or replacing any common areas and facility damaged through his fault.
19.
MAINTENANCE AND REPAIRS BY ASSOCIATION:
a)
Common areas maintenance and amenities by the
Association out of the funds collected from the members by way of maintenance
charges.
b)
The Association shall have full powers to
discontinue the access to amenities to the members who default on payment of maintenance
charges till such outstanding amount is paid by the member.
c) Common areas maintenance will include maintaining the roads, landscaping, water pumping, cleaning of common areas in the flat including staircase lights and open common area maintenance etc., falling with in the jurisdiction of the Association.
20.
USE OF FAMILY UNITS – INTERNAL AND EXTERNAL CHANGES:
a)
All units shall be utilized for residential
purpose only.
b)
An owner shall not make any structural
modifications or alterations in his unit or installations located there in,
without previously notifying the Association in writing and obtaining NOC.
c)
Every Flat owner, present or future, his
representative and every tenant or resident of the township shall abide by the
terms of the agreement entered in to by flat owners with regards to the use of
the common facilities in the township and rules and regulations specified in
the occupier’s handbook.
***
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