Mission101130KatchKV32.mhtl 090205ByeLawSuggestions in 081028_3aByeLaws.html : ByeLaws 2005 appear after the suggestions for revisions, about half way downKatching up with Kendriya Vihara @ Bengaluru Kendriya
Vihar is a peaceful community located off Jakkuru airfield but before the IAF airbase. It is easily
traced on the NH7, some 550 kMs short of Hyderabad.
090202: ByeLawReminder [Full copy of the ByeLaws after the suggestions for revisions] KENDRIYA VIHAR APARTMENT OWNERS ASSOCIATION ® (Reg No.514/2002-03) Office : Community Centre, Kendriya Vihar, Yelahanka P.O. Bellary Road, Bangalore 560064 E mail kvaoaynk@dataone.in, Phone 080 2293 0000 05 February 2009Dear Fellow members of KVAOA : Subject : Suggestions for revisions of the ByeLaws The AGM-7 as of 28 Sep 2008 debated on calling an SGM for considering the revisions relevant for the ByeLaws and decided as shown overleaf The starting point is, naturally, to assess if changes are needed to the ByeLaws in the first instance and if so what are they. The KVAOA invited and received a few suggestions from the members in response to an earlier note and reminders. Should you need to consult, a complete copy of ByeLaws [2005] is already on the web and accessible at:
The revisions proposed till now have been collated and are also available at the above pages. They are on display on the Notice Board CC at the Kendriya Vihar, Bangalore for a while. They may also be consulted at the office of the KVAOA during working hours. If you have not yet given expression to your suggestions, please do so immediately -- in any case before the end of February 2009. The calling of the SGM can be enabled only after every member has been given an opportunity to consider if the ByeLaws with the present contents are adequate to meet the requirements of the functioning of the Association Please keep us posted with your suggestions for the improvement of the campus. We would also urge to keep your profile updated in our records so we could be in touch whenever we desire and keep you posted up to date You may,
if you so choose, respond to any of the following E-Mail addresses of the
President / Secretary / KVAOA.-- ar_acharya@dataone.in or tinmoorthy@gmail.com or kvaoaynk@dataone.in Thanking for your support and with best wishes Sincerely Dr.A.R.Acharya, President, KVAOA 090202ByeLawReminder QUOTE [extracted from the MINUTES OF AGM-7]: Agenda Item No.10: Discussions on points from members: 15. A compilation of the points received from members and which have been accepted by MC for consideration by the AGM was made available to all the members present at the meeting (Annexure-5). Shri V.Gopal (D6/027) presented the two resolutions that he and Shri A. Banerjee (D6/058) had proposed. One related to the calling of a SGM for considering the required byelaws changes proposed by Members. The second resolution related to the formation of a committee consisting of members to consider the various aspects of the maintenance charges and other charges and make recommendations to the General Body. Both the resolutions and the actions under the same were welcomed by members. There was a broad based discussion on the various aspects of the resolution. It was clarified that the first resolution on calling of the SGM deals only with the process of calling the SGM and consideration by the SGM of the changes to the byelaws proposed by the Members. Only SGM can modify the byelaws. Clearly the MC has the responsibility to implement the resolution and there is no separate committee for the same. The second resolution calls for forming a committee to study the various issues connected with the maintenance and other charges in detail and make appropriate recommendations to the General Body. MC has the coordination role and also the responsibility for facilitating the work of the committee. UNQUOTE 081026: Suggested KVAOA Bye Law Revisions [underscored] ByeLaws are on the web : Click www.kendriyavihar-bangalore.com Suggestions on the revisions on the ByeLaws have been collated and shown below. A soft copy of this document is also available on the web at the above noted URLs. Fresh proposals, if any, may be posted to: kvaoa at yahoo dot com or kvaoaynk at dataone dot in 090103BylawRevisions Page 1 : 2 Objects : The objects of the Association shall be : - [a] To maintain
and manage 603 apartments, main overhead ============================================================ 3 The place
at which the registered office of the Association Editorial Correction ============================================================ Chap - I : 1 [iv] The Association is formed mainly to organise and administer all aspects of community living to provide a good standard of life for its members. The association is a non-profit organization..moved from position Chap-1 4 [h] ============================================================
Chap-I :
.3.c] "Apartment
Owner" means the current owner and or his spouse residing with him /
her in Kendriya Vihar
[KV] Chap-I. 3.
k] "Resident" means
owner staying in his apartment at KV or person[s] occupying any apartment or the
resident of any apartment in Kendriya Vihar Apartment Complex Chap-I:4
[c] To act as the
custodian, and to ============================================================ Page 3 : 4 OBJECTS : The objects of the Association shall be : [a] To maintain
and mange 603 apartments, community centre, electrical installations, equipments
and lifts, main overhead Chap-I 4
[e] To fix and to administer the collection of the contributions / subscriptions and maintenance service charges to be levied from time to time from the apartment owners/ resident tenants on behalf of owners in accordance with the bye laws. The facilities and services include: (i) through (ix) and any other as detailed below [i] Adequate and timely water supply [ii] Electricity and street lighg [iii] Drainage and Sewage system maintenance [iv] Cleanliness and conservancy [v] Security system [vi] Facilities towards the health, welfare, clean environment and amenities [vii] To maintain lifts, and standby generators [viii] To maintain parks and Arboriculture [ix] To maintain fire fighg installations within the Kendriya Vihar complex Chap-I : 4 [f] To establish and carry out, on its own account or jointly with the individuals or institutions, social, recreational or any other activity solely for the benefit of the members of Association and their dependents and other residents
Chap-I : 5 .
1] All apartment
owners in Kendriya Vihar
Apartment Complex Page 4: Chap - I . 5.
3] It is
mandatory that
every owner on initial allotment or ============================================================= Chap - I : 5 . 4] any member / owner can transfer his apartment unit to another by way of sale
or gift ============================================================= Chap - I : 5.
5] If any member f
the Association fails to remit the maintenance charges or other levies as
prescribed by the General Body for a particular quarter by the end of that
quarter, the Association shall withdraw all facilities and services extended to
him / her, in addition to collecg of all outstanding
dues together with interest at the rate of 15% on the defaulted amount which
will be compounded every quarter. Recovery of dues will be effected from the
members consistent with the provisions of the Karnataka societies Registration
Act 1960. The term member also includes tenant staying in the flats. ============================================================= CHAPTER II 1 Ownership of Property : Up to ============================================================= Chap-II . 2 : Holding of one Share compulsory : Every apartment owner shall hold one share only of the Association ============================================================= Chap-II.3 : Disqualification : No apartment
owner / joint owner shall be entitled to vote in the election of members of the
management committee or any other office bearer or be entitled to satnd for election for such office or take part in any of
the meegs / proceedings of the Association if he / she
is in arrears by more than one month as on the date of election in
respect of ============================================================= CHAPTER III : MANAGEMENT OF ASSOCIATION 1 General : The final
authority of the Association shall vest in the General body which shall meet at
least once a year during the period April to ============================================================= Chap-III . 3 : Composition of the Management Committee : The Management
Committee shall consist of minimum eighteen members, two each from each
block elected by the members of the respective blocks i.e 16 and the other two namely, the outgoing President and
the outgoing Secretary for conuity. n 3 Composition of the Management Committee : The Management
Committee shall consist of not more than The Block representative can be recalled by the majority of the owner residents of any block if they are dissatisfied with his functioning. ============================================================= Chap-III. 4 : Term of office :
If there is no lady member elected to the Management Committee, the Committee may nominate one lady member amongst the members/their spouses to represent the interests of female residents. Each block may have floor representatives to interact with the members of the block in the Management Committee. Chap-III. 4 : Term of office :
Page 5 : 4 Term of office : The term of
office of the Management committee shall be for a period of two years. No member
shall hold ============================================================= Chap - III . 7 : Powers and duties of Management Committee : The Committee shall have the powers and perform the duties necessary for the administration of the affairs of the Association and may do all such acts or things, specified under the bye laws and the rules The MC shall transact all activities in a transparent manner. No records will be hidden from the members, All contracts will be concluded by a contracg committee consisg of the President and three members of the MC. The Tresurer will be one of the members. Advice from the experts will be taken when warranted. Quotations from at least three reliable contractors shall be obtained where possible for any contracts valuing more than Rs 20 000. Penanlty clause be provided to ensure timely completion of the work. Rewards also be given from completion of work well ahead of the contracted completion period if that reaults in financial saving. Warranty clause be included for ensuring quality of woerk done. A Committee of three association members who held positions at least in the rank of Under Secretaries while in service will function as watch dogs of the General Body especially in relation to expenses incurred on contracts and independently verify whether the rates are in con formity with the prevailing market rates. The role of the committee will be somewhat similar to the Accountant General in a state. The Committee will interact with the MC as neecessary and will report to the GB of its findings. The MC will fund the Committee as necessary ============================================================= Chap - III 8 [j] : To collect various levies like the maintenance charges, water charges and charges for the infringement of rules / instructions on the ,members / residents etc as approved by the General Body Page 6 Chap - III 8 [j : [j] To levy charges such as periodical maintenance charges, lift charges, administrative charges for extra use of electricity, water, littering, infringement of bye laws / rules / regulations/ instructions etc on the members / residents -- not exceeding at the rate of Rs 10/- per day, Rs 50- per month. Rs 100/- per year or Rs 500/- on any non-periodic occasion, if new or revised Threshold defined ============================================================= Chap - III
.10 : The Management
Committee ============================================================= Chap - III 11
: A Special General Body can be convened any time on the rquisition of the President or on the requisition of not less than one-third of the members of the MC or one-tenth of the total number of members of the Association entitled to vote, who shall state in wrig the business for which they wish the meeg to be convened and the MC shall within ten days from the date of receipt of the requisition, proceed duly to call a meeg fpr the consideration of the business stated on a day not later than forty days from the date of the receipt of the requisition Page 7 : Chap - III. 11 *Additional meetings shall be held
by the President or a majority of committee members for any special purposes
such as to decide on resolutions / points for Annual General Body Meetings or to
call for a Special General Body Meeting, or to discuss points from members prior
to General Body Meegs etc. ============================================================= Chap-III.15 : Sub-Committees : The following sub committees shall be constituted in the very first meeg. The sub committees may be reconstituted not earlier than one year [a] Hoisekeeping and Arboriculture [b] Civil Engg [c] Finance [d] Legal [e] Entertainment and welfare [f] Security [g] Electrical equipments including Lift [h] Eight Block Committees ============================================================= Chap - IV . 3 :
[j]
============================================================= Page 8 : Chap V.1 Election shall be held at least 15 days prior to the completion of the term of exisg committee once every two financial years. In case the election cannot be so held, for any reason, the Management Committee shall not be permitted to take any major policy decisions. The following Annual General body Meeg shall first elect a pro tempore chairman for conducg the business ============================================================= Chap - V.
2 : Only Association members residing in the complex will be eligible to stand for election to the MC. Any member of the mC shifg residence from the KV complex will be deemed to have resigned the day he vacates the flat in the Complex ============================================================= Chap - V . 3 : Proxy / Vog
Members shall cast their votes in person. No proxy vog is allowed ============================================================= Chap V . 6
: Vacancies :
Page 9 : Chap V. 6 Vacancies : Vacancies in the Management committee by any reason, including those caused by inadequate filling in the foregoing Annual Genl Body Meeg, shall be filled by co-opg by the Management Committee and each person so elected shall thereupon be a Committee member until a successor is elected in the next general body meeg ============================================================= Chap - VII.1: [e]
i Allied infrastructure rendered to owner members ii Vendors and other who make use of any facility provided by the Association iii Any other
services or administrative charges ============================================================= Page 13: Chap VII 13 Accounts : One or more Bank accounts shall be
opened by the association into which all accounts of cash received on behalf of
the Association shall be deposited, provided that the Administrative Officer may
retain in his personal custody, an amount not exceeding ============================================================= Chap VII 15 The Administrative Officer shall maintain a Register in which details of all charges due from / paid by all owner members and residents / Lessees shall be entered. This list shall be published and updated as per IV - 3[h] along with current addresses of all the members. Entries pertaining to any individual member shall be made available by the Administrative Officer to him for perusal on a written request by the member to help implement III-11 ============================================================= Chap VII 16 The Association shall on or before 31-st May in each year publish an audited annual financial statement contain d to each owner, along with the Notice off AGM. In the event the audited annual financial statement cannot be so mailed, the reason for the delay shall be explained by the President in wrig, and concurrence obtained at the following Annual General Body meeg Chap - VII . 16 : i] ii] ============================================================= Page 14 : Chap VII 17 Audit : [a] The audited financial statement shall be open to the inspection of all members of the association during the office hours and in the office of the association and a copy thereof shall be submitted to the competent authority not later than 15-th August* every year. In the event the audited annual financial statement cannot be so submitted, the reason for the delay shall be explained by the President in writing, and concurrence obtained at the following Annual General Body meeg ============================================================= Chap VII . 18 : 16. Chapter VII- Add one more clause. ‘ Surpluses in a year may be passed on to the reserve operable fund.(2)’, which will be septe from corpus fund (CF) and interest there from to operable reserve fund (1). The corpus fund is to be only used to generate operable reserve fund (1), which is to be used for major periodic maintenance like common area and external paing of the buildings, black toping of the roads, drainage sewage works repairs etc. and not on day today maintenance. ============================================================= Chap VIII. 2 : Dwelling Unit : deleted
Chap VIII : [2] Make the law preveng the dwelling units being used for commercial purpose And letg out for students and bachelors MORE STRICT Chap VIII 2 :
Dwelling Unit : ============================================================= Chap - VIII
5 : Default in
payment of Maintenance Charges : see Chap - I .5. 5 ============================================================= Chap VIII 8 : Parking without the KVAOA stickers to be dealt seriously To work out the feasibility of charging for general parking ============================================================= Introduce new Chapter IX and renumber Chapter IX as Chapter X ============================================================= CHAPTER - IX : The provisions of the RTI Act 2005 will be applicable in respect of the information from KVAOA KENDRIYA VIHAR APARTMENT OWNER’S ASSOCIATION ® COMMUNITY CENTRE KENDRIYA VIHAR, BELLARY ROAD, YELAHANKA, BANGALORE 560064 MEMORANDUM OF ASSOCIATION AND BYE LAWS INCORPORATING AMENDMENTS THERETO
2005 MEMORANDUM OF ASSOCIATION1 The Name of the Association : THE KENDRIYA VIHAR APARTMENT OWNERS' ASSOCIATION [Hereinafter referred to as 'THE ASSOCIATION'] 2 Objects : The objects of the Association shall be : - [a] To maintain and manage 603 apartments, main overhead tank, sump, sewage treatment plant, garden and other common facilities of the housing complex known as "Kendriya Vihar" [b] To act as the Association of all the Apartment Owners of Kendriya Vihar Housing Complex [c] To act as the custodian, and to administer the common areas and facilities provided to the apartment owners in the Kendriya Vihar Housing complex [d] To control the Association's finance and make deposits or investments [e] To provide for maintenance, repair and replacement of the common areas / facilities by contribution, subscription and collection of maintenance servicing charges from the Apartment owners, levied from time to time as per the bye laws, such as the following : [i] Adequate and timely water supply [ii] Electricity and street lighting [iii] Sewage system maintenance [iv] Cleanliness and conservancy [v] Security system [vi] Facilities towards the health, welfare, clean environment and amenities [vii] To maintain lifts, and standby generators [viii] To maintain parks and Arboriculture [ix] To maintain fire fighting installations within the Kendriya Vihar complex [f] To establish and carry out, on its own account or jointly with the individuals or institutions, social, recreational or any other activity solely for the benefit of the members of Association [g] To frame/amend bye-laws/ rules with approval of general body meeting of the Association [h] The association is formed mainly to organise and administer all aspects of community living to provide a good standard of life for its members. The association is a non-profit organisation [i] To do all such other acts, deeds or things as are necessary to the attainment of the above objects of the Association as a welfare organisation to cater to the efficient functioning of the housing complex 3 The place at which the registered office of the Association is to be situated : The registered office of the Association shall be at the Community Centre, Kendriya Vihar, Amanikere Village, Yelahanka, Bangalore 560 064 4 Subscribers of the Memorandum of Association : Sl No : Name Address 1 Aftab Ahmad C-8/586, Kendriya Vihar, Bangalore 2 P Manivannan B-3/175, Kendriya Vihar, Bangalore 3 PP Sreekumaran C-8/856, Kendriya Vihar, Bangalore 4 N Raghupathy D-6/14, Kendriya Vihar, Bangalore 5 Ms Aruna Mehta C-8/580, Kendriya Vihar, Bangalore 6 S Nataraja C-7/494, Kendriya Vihar, Bangalore 7 BR Krishna B4/319, Kendriya Vihar, Bangalore 8 D Gautaman C-8/585, Kendriya Vihar, Bangalore 9 Ms G Gyanambal D-6/12, Kendriya Vihar, Bangalore BYE - LAWS OF KENDRIYA VIHAR APARTMENT OWNERS' ASSOCIATION YELAHANKA HOBLI,
BANGALORE 1 Short title and application : [a] These bye-laws may be called the bye-laws of the "KENDRIYA VIHAR APARTMENT OWNERS' ASSOCIATION", [hereafter shall be referred to as KVAOA] [b] These bye-laws shall come into force from the date of its registration by the Registrar of Societies, and it shall apply to all the members of the association [c] The provisions of these bye-laws shall apply to the "KENDRIYA VIHAR APARTMENT OWNERS' ASSOCIATION" which hereafter referred to as KVAOA a] All present or future owners, tenants, future tenants or their employees or any other person who might use the facilities in the complex in any manner, are governed by these bye-laws b] The acquisition of any dwelling unit on rent, lease, or license in the Kendriya Vihar Housing complex is bound by these bye-laws 2 Definitions : 1] These bye-laws shall be called the bye-laws of THE KENDRIYA VIHAR APARTMENT OWNERS' ASSOCIATION 2] These bye-laws shall apply to all the apartments located within the Kendriya Vihar Complex, having its registered office at the Community Centre, Kendriya Vihar, Amanikere Vo\illage, Yelahanka, Bangalore 560 064 3] In these bye-laws, unless the context requires otherwise :- a] "Act" means "The Karnataka Societies registration Act, 1960" b] "Association" means the Association formed by all the apartment owners of Kendriya Vihar c] "Apartment Owner" means a person owning an apartment in Kendriya Vihar including the person in whose an apartment has been originally allotted by Central Government Employees Welfare Housing Organisation, New Delhi , [CGEWHO], or any subsequent buyer of apartment as per rules of CGEWHO and as per clause 5[4] of these bye-laws d] "Building" means the apartment building and ancillaries located at Kendriya Vihar, known as Kendriya Vihar Apartment Complex with 603 flats including the land forming part thereof e] "Committee" means the Management Committee or Executive Committee as the case may be f] "Common Area and facilities" means and include the entire Kendriya Vihar complex and apartments allotted by CGEWHO by name to each owner and include the Community Centre, all the roads and approaches, parks and open spaces, compound walls and other structures, including all electrical installations and equipment, the light, lifts and water supply installations, diesel generator and play grounds excluding such space and structure the use of which is allowed to individual allottees g] Common installation including the electrical installation and equipment, lifts including water supply, satellite / cable, TV, diesel generator installations, for the general use of the residents installed in the common areas h] "Dwelling Unit" means an apartment in the Kendriya Vihar Complex i] "Financial year" means 01 April to 31 March j] " Kendriya Vihar Complex" means all the area bounded by and located within the compound wall running along the complex comprised in Survey Nos 3, 4/1, 2/2, 4/2, 5, 6, 7, 17/1A situated at Yelahanka - Amanikere village, Yelahanka Hobli, Bangalore North Taluk, Bangalore 560 064 k] "Resident" means the resident of any apartment in Kendriya Vihar Apartment Complex occupying it as owner or as bona fide tenant l] "Rules" means the "Karnataka Societies Registration Rules, 1961", framed under the Karnataka Societies Registration Act, 1960 4 OBJECTS : The objects of the Association shall be : [a] To maintain and mange 603 apartments, community centre, electrical installations, equipments and lifts, main overhead tank, sump, sewage treatment plant, garden and other common area of the housing complex known as "Kendriya Vihar" [b] To act as the Association of all the Apartment Owners of Kendriya Vihar Housing Complex [c] To act as the custodian, and to administer the common areas and facilities provided to the apartment owners [d] To control the Association's finance and make deposits or investments [e] To provide for maintenance, repair and replacement of the common areas / facilities by contribution, subscription and collection of maintenance servicing charges from the Apartment owners, levied from time to time as per the bye laws, such as the following : [i] Adequate and timely water supply [ii] Electricity and street lighting [iii] Sewage system maintenance [iv] Cleanliness and conservancy [v] Security system [vi] Facilities towards the health, welfare, clean environment and amenities [vii] To maintain lifts, and standby generators [viii] To maintain parks and Arboriculture [ix] To maintain fire fighting installations within the Kendriya Vihar complex [f] To establish and carry out, on its own account or jointly with the individuals or institutions, social, recreational or any other activity solely for the benefit of the members of Association [g] To frame/amend bye-laws/ rules with approval of general body meeting of the Association [h] The Association is formed mainly to organise and administer all aspects of community living to provide a good standard of life for its members. The association is a non-profit organisation [i] To do all such other acts, deeds or things as are necessary to the attainment of the above objects of the Association as a welfare organisation to cater to the efficient functioning of the Kendriya Vihar Apartment Complex 5 Members of Association : 1] All apartment owners in Kendriya Vihar Apartment Complex shall be the members of the association on payment of Rs. 100/- as membership fee. Every such member shall purchase one share of the face value of Rs. 100/- . One copy of the bye-laws shall be supplied to each of the member on payment of Rs. 50/- 2] No owner / tenant shall form any other parallel Society / Association contrary to the rules of CGEWHO 3] Every owner either by purchase or acquired ownership in any manner shall become a member of the association. If any owner rents a flat to a tenant such owner shall be responsible for payment of dues to the association 4] any member / owner can transfer his apartment unit to another by way of sale or gift only after obtaining a "No Objection Certificate" from the Management Committee. Such person shall become a member of the association on payment of 1.5% of the registered sale consideration amount subject to a minimum of Rs.5,000/- 5] If any member f the Association fails to remit the maintenance charges for a particular quarter by the end of that quarter, the Association shall withdraw all facilities and services extended to him / her, in addition to collecting of all outstanding dues and levying of such penalties as may be imposed by the Management committee. Further any member may be sued for such arrears or for recovery as per relevant provision of the Karnataka Societies Registration Act, 1960 CHAPTER II 1 Ownership of Property : Up to 2 blood relatives in addition to the first allottee or purchaser who have been included as joint owners under rule 32 of the CGEWHO rules may be admitted as joint members of the association. The first allottee / purchaser or any one of the other joint owners with the written consent of the first allottee / purchaser will be entitled to participate and exercise voting right at the meetings of the Association and shall also be eligible to be elected to the management committee subject to the provisions of these bye-laws. The shares of the Association shall be issued in the names of these persons 2 Holding of one Share compulsory : Every apartment owner shall hold one share of the Association 3 Disqualification : No apartment owner / joint owner shall be entitled to vote in the election of members of the management committee or any other office bearer or be entitled to stand for election for such office or take part in any of the meetings / proceedings of the Association if he / she is in arrears at the end of the quarter for which the contributions, subscriptions and maintenance or any other charges as specified by the management committee are due CHAPTER III MANAGEMENT OF ASSOCIATION1 General : The final authority of the Association shall vest in the General body which shall meet at least once a year during the period April to September 2 Management : The management and administration of the association shall vest in a committee known as the Management Committee constituted under these bye-laws 3 Composition of the Management Committee : The Management Committee shall consist of not more than 17 members elected under these bye-laws, consisting of President, Vice President, secretary, Joint secretary, Treasurer and at least one lady member and 11 other members 4 Term of office : The term of office of the Management committee shall be for a period of two years. No member shall hold the post of any office of the Management Committee for more than two consecutive terms 5 Resignation of a Member : A member of the Management Committee [including the office bearers] may resign his membership in writing 6 No member shall have any pecuniary interest either directly or indirectly or shall carry on any activity similar to one of the association 7 Powers and duties of Management Committee : The Committee shall have the powers and perform the duties necessary for the administration of the affairs of the Association and may do all such acts or things, specified under the bye laws and the rules 8 Other
duties : The Committee shall also have the following other duties : [a] Daily supervision over maintenance and security of the Kendriya Vihar complex for which purpose the Committee may enter into agreement with service providers for Housekeeping, Landscaping, Arboriculture, Security, Lift/Generator maintenance and all such allied facilities [b] Collection of quarterly and periodic maintenance service charges or contribution or subscription from the owners [c] Designation, employment remuneration and dismissal of the personnel necessary for the maintenance and operation of the Kendriya Vihar Complex and the common areas and facilities [d] To provide for the manner in which the audit and accounts of the association shall be carried out [e] To inspect the accounts kept by the Treasurer and the Administrative Officer and examine the registers and account books and to take steps for the recovery of all sums due to the Association [f] To sanction working expenses, reconcile cash and bank balances and deal with other miscellaneous business [g] To ensure that the cash book is written or computerized promptly and signed by the Administrative Officer and the Treasurer as specified at least once a month [h] To hear and deal with complaints by or against or amongst any member[s] and or residents, for which the Committee shall have the authority to direct all affected persons to present themselves on date[s], place[s[ and time[s] as required [I] To approve monthly accounts of Kendriya Vihar and any other facility in the monthly Management Committee meeting [j] To levy charges such as periodical maintenance charges, lift charges, administrative charges for extra use of electricity, water, littering, infringement of bye laws / rules / regulations/ instructions etc on the members / residents 9 Meetings : Every newly elected Management Committee shall meet for the first time on the very first day after the election to elect President, Vice President, Treasurer, secretary and Joint Secretary 10 The Management Committee shall at least once between the 11-th and the 17-th of each calendar month to transact business. However, there shall be at least six meetings of the Committee in a financial year 11 Additional meetings shall be held by the President or a majority of committee members for any special purposes such as to decide on resolutions / points for Annual General Body Meetings or to call for a Special General Body Meeting, or to discuss points from members prior to General Body Meetings etc. The 1/3 -rd members by a resolution can also summon the General body Meeting to discuss any agenda fixed by them. A Special General Body Meeting may also be convened on the requisition of a minimum of 50 [Fifty] members of the Association entitled to vote 12 Notice of each meeting of the Management Committee shall be given to each member at least 7 [seven] days in advance seeking points if any from him / her within 5 [five] days 13 QUORUM : For every meeting of the Management Committee two thirds of the total members of the Committee shall constitute the quorum and the acts of the members present at such meeting shall be the acts of the Management Committee. If at any meeting of the committee, there is less than a quorum, the majority of those present may adjourn the meeting by 30 minutes. At any such adjourned meeting, any business, which might have been transacted at the meeting originally called, may be transacted without further notice and all decisions at such a meeting shall be valid 14 Place of Meeting : Meetings of the Management Committee shall take place in the registered office at Kendriya Vihar 15 Sub-Committees : The following sub committees shall be constituted in the very first meeting. The sub committees may be reconstituted not earlier than one year [a] Housekeeping and Arboriculture [b] Civil Engg [c] Finance [d] Legal [e] Entertainment and welfare [f] Security [g] Electrical equipments including Lift 16 Each sub committee shall consist of at least two members, one of whom shall act as the spokesperson CHAPTER IV MEETINGS OF THE ASSOCIATION 1 The Association shall meet at least once in every year 2 Election year shall be on completion of every two years 3 Business for Annual General Body meeting : [a] Checking of identity cards and quorum [b] Salutation to departed members [c] Welcome by the President [d] Report of the Management Committee to be read out by the Secretary [e] To receive and adopt the audited statement of accounts of the previous year and auditor's report thereon [f] To approve the annual budget for the next year to be presented by the Vice President [g] Appointment of Auditors for the next year [h] Information on admission and termination of membership [I] Points from administrative Officer [j] Election to casual vacancies [k] Discussions on points from members [l] Any other matter that may be raised in accordance with the bye laws and with the pern\mission of the Chair 4 Notice of Meeting : It shall be the duty of the Administrative Officer to mail or send a notice of each annual special meeting stating the purpose thereof as well as the time and place where it is to be held, to all members at least 21[twenty one] days in advance 6 Quorum and adjourned Meeting : At least 50 members shall form the quorum 6 If any meeting of owners cannot be held for want of quorum, the meeting may be adjourned thirty minutes from the time the original meeting was fixed. At such adjourned meeting, the members present shall form the quorum, with the approval of the majority of those present and all decisions by such a general body meeting shall have the same validity as one with quorum present CHAPTER V ELECTION TO THE MANAGEMENT COMMITTEE AND ITS DUTUES 1 Election shall be held at least 15 days prior to the completion of the term of existing committee once every two financial years 2 Casual vacancies may be filled by nomination done by a majority of the Management Committee members and such nomination shall hold good, till the following AGM 3 Proxy / Voting by joint owners : 'One dwelling unit One Vote' and this vote shall be exercised IN PERSON or by a proxy authorised by the owner of a dwelling unit 4 The members of the outgoing Management Committee shall hand over all files, registers and documents to the newly elected Management Committee within fifteen days of its installation 5 The Association shall have the following office bearers to be elected from within the Committee every two years: [a] President [b] Vice-President [c] Secretary [d] Treasurer [e] Joint Secretary 6 Vacancies : Vacancies in the Management committee by any reason shall be filled by co-opting by the Management Committee and each person so elected shall thereupon be a Committee member until a successor is elected in the next general body meeting 7 Duties of Office bearers : President : He shall preside over all the meetings of the Association and the Committee. He shall have all the powers vested in the office of the President of an Association. He may appoint subcommittees for specific purposes by including voluntary members from outside the Committee, if so required. While not remaining member of any subcommittee, he shall have power of superintendence over all subcommittees at all times. He shall personally supervise the execution of jobs by the Administrative Officer and his staff. All correspondence from the association shall be issued for and on behalf of him, by the Administrative Officer. He is permitted to exercise due discretion to ensure that the affairs of the association are run efficiently, economically and effectively for the common good of most, if not all members of the association Vice-President : he shall advise the President in the discharge of the latter's duties at all times. He shall act as President, in latter's absence and on such occasions, shall preside over meetings and carry out all the duties of the President. He shall ensure that all financial transactions are carried out including local purchases and issue of tenders and shall carry out all the duties of this appointment as laid down in the rules thereof Secretary : [a] Be responsible for convening the meeting of the general body, the committee of Management and the subcommittees in consultation with the President or chairperson and recording and maintaining minutes of such meetings [b] Assist the Committee in the formulation of policies and objectives and planning [c] Provide necessary information to the Committee and apprise the Committee of the functions and operation of the association [d] Perform such other duties and exercise such other powers imposed or conferred on him under the act, rules or bye laws 10 Treasurer : He shall advise the Administrative officer in the maintenance of accounts, depositing of cash, safe custody of valuable documents such as account books, fixed deposit receipts etc. He shall be a cosignatory for all cheque transactions. He shall advise the Vice President / Subcommittee concerned to ensure the funds are used in an economical manner for the benefit of the association. He shall sign all accounts and account books alongside the administrative Officer in proof of their correctness 11 Joint Secretary : The Joint Secretary will assist the Secretary in the duties specified for the latter. In the absence of the Secretary, Joint Secretary will act as Secretary of the Management committee. He will also perform such other duties as assigned by the President of the Management committee CHAPTER VI OFFICIALS OF THE ASSOCIATION AND THEIR DUTIES 1 Officials of the Association : There shall be only two officials in the association, namely the Administrative Officer and an Office assistant. Their terms of employment shall be on a contractual basis. All other employment shall be on casual basis 2 Administrative Officer ; [i] The Administrative Officer shall be appointed by the Management Committee and no member of the association shall be eligible to be appointed to the post. The appointment shall be on contractual basis and the terms and conditions thereof shall be laid down by the Management Committee. The initial period of appointment shall not exceed one year and is liable for termination with one month's mutual notice. The appointment may be renewed on annual basis [ii] The Administrative Officer shall carry out the duties assigned to him by the Management Committee from time to time and shall be responsible for the proper upkeep and maintenance of all assets and properties of the Association [iii] The Administrative Officer shall, subject to the directions of the Management Committee, be responsible for supervision and control of the personnel detailed for carrying out the day to day maintenance and related activities. The Administrative Officer shall maintain all records and documents of the Association under the directions issued by the Management Committee from time to time 3 Office Assistant : Office Assistant shall be employed on contractual basis for an initial period not exceeding 1 year, which may be renewed on yearly basis. The duties of the Office Assistant will be as laid down by the Management Committee 4 Contractual Employees : The Association may employ one or more of the following among others, as required, on daily / casual vacancies, through a contractor : [a] An office assistant to assist the Administrative Officer [b] A typist cum clerk [c] An Accountant [d] Lift operators [3 or more as required] [e] Plumber [f] Electrician [g] Gardeners [2 or more as required] [h] additional safai karmacharis [over and above any contract given for Housekeeping] depending on the work load [I]Any other casual labourers 5 The terms of contract in each of the above cases shall clearly exclude any liability by the Association towards any claim or compensation including ESI / Provident Fund / Gratuity / Leave salary etc CHAPTER VII FUNDS AND INVESTMENTS, PROPERTIES, FINANCIAL POWERS, ACCOUNTS AND AUDIT Funds : 1 Funds may raised by the Association in all or any of the following ways, namely : [a] By shares [b] By contribution and donations from apartment owners or residents [c] From surpluses over income in a year which forms part of the Reserve Fund [d] By transfer of initial deposit of members by the Central Government Employees Welfare Housing Organisation [e] Reimbursement of Service Charges for : i Allied infrastructure rendered to owner members ii Vendors and other who make use of any facility provided by the Association iii Any other services or administrative charges the Association or the Management Committee may levy Investment of Funds : 2 The association may invest or deposit Its funds on the following : [a] In a government Savings Bank or [b] In any of the securities specified in section 20 of the Indian trust Act, 1882 [Central Act II of 1882] [c] The Corpus Fund of the association as well as the returns thereon shall not be used for periodic and routine maintenance or other day to day expenditure except in case of emergent capital maintenance. Any such emergent drawal on the Corpus Fund shall be approved at the next General Body Meeting [d] A Reserve Fund shall be constituted by additionally levying 5 % of the prevalent monthly maintenance charges collected in order to create additional funds do as to meet the expenditure of a capital nature without depleting the Corpus Fund 3 The duration of deposit and the particular agency shall be decided by the Management Committee, periodically and reviewed when necessary, keeping the best interests of the Association Properties : 4 The Administrative Officer, on behalf of the Association, shall maintain a list of assets of the association both fixed and movable, in a register, which shall be open to inspection by the Committee or on a written application by any owner, with the approval by the Committee 5 The fixed assets shall constitute the list forwarded by CGEWHO plus any other constructed acquired since registration 6 The movable assets shall comprise of all movable properties handed over by the Project Manager, CGEWHO, or purchased/ acquire by or donated to the Association 7 The list of assets [both fixed and movable] shall be maintained for the Association, indicting source of purchase / receipt, cost of acquisition, annual depreciation and so on Transfer of Property : 8 No property, movable or immovable may be transferred to anybody outside the association without the concurrence of majority of the General Body meeting Financial Powers : 9 The financial powers of various officials, office bearers and the Management Committee without reference to the next higher authority are given below : Subject to Subject to In a year [Rs] Total in a day Total in a day a] Administrative Officer 500/- 2 000/- 20 000/- b] Subcommittee concerned 500/- 6 000/- 60 000/- c] President or Vice President 1 000/- 10 000/- 1 00 000/- acting as President d] Management Committee No Limits within the Budget e] General Body No limits The expenditure incurred by the functionaries at [a], [b] and [c] shall be subject to posy facto approval of the Management committee at its meeting following the incurring of such expenditure 10 In an emergency or when unavoidable / inescapable, the Management Committee may depart from the budgetary limits but shall get the same ratified by the next Annual General Body Meeting 11 The above powers may be reviewed once in a year or earlier in an Annual General Body Meeting Restrictions on Loans and Borrowings : 12 The Association shall neither lend nor borrow money from any individual or organisation Accounts : 13 One or more Bank accounts shall be opened by the association into which all accounts of cash received on behalf of the Association shall be deposited, provided that the Administrative Officer may retain in his personal custody, an amount not exceeding Rs 1000/- [Rupees one thousand only] for petty expenses. All payments above Rs 500/- shall be made by cheque signed by the Treasurer and Vice President 14 All accounts shall be maintained regularly. The accounts shall be audited by a Chartered Accountant approved by the Management Committee / General Body Meeting every year. Accounts shall be closed by 31-st March every year. Trial balance as on the last day of each month shall be made available to the Management Committee by 10-th of the following month 15 The Administrative Officer shall maintain a Register in which details of all charges due from / paid by all owner members and residents / Lessees shall be entered. Entries pertaining to any individual member shall be made available by the Administrative Officer to him for perusal on a written request by the member 16 The Association shall on or before 31-st May in each year publish an audited annual financial statement containing the following information for the preceding financial year, which shall be mailed to each owner, along with the Notice off AGM i] The Profit and Loss Account ii] The Receipt and Expenditure Account iii[ Schedules indicating Fixed / term deposit details with interest accrued / due iv] Acquisition / Disposal of property including depreciation and method of arrival v] List of outstanding liabilities vi] List of defaulters vii] Balance Sheet 17 Audit : [a] The audited financial statement shall be open to the inspection of all members of the association during the office hours and in the office of the association and a copy thereof shall be submitted to the competent authority not later than 15-th August every year [b] The association shall arrange to get its accounts audited at least once in each financial year by a Chartered accountant holding a certificate issued by the Institute of Chartered Accountants of India or by any Auditor from a panel of Auditors [c] A copy of the audited financial statement shall be mailed to each owner as apart of the Notice for AGM CHAPTER VIII DUTIES AND OBLIGATIONS OF OWNER MEMBERS AND RESIDENTS / TENANTS Notice : 1 No resident of the complex shall post ant advertisement or banner or poster or a notice of any kind in or around the property including one's own except as authorised by the Association Dwelling Unit : 2 No owner / tenant of an apartment shall use the dwelling Unit for any commercial purposes and no dwelling unit / stilt area shall be let out to students / bachelors / spinsters 3 No owner / tenant of an apartment shall allow any outsider for use of water and electricity on regular basis without prior permission of the Association Maintenance Charges : 4 Maintenance charges shall be paid quarterly in advance by cash / DD / Local cheques payable at Bangalore in favour of Kendriya Vihar Apartment Owners' Association, Bangalore irrespective of the fact that the unit in possession / occupation or not. Any payment made shall be appropriated against outstanding dues, if any Default in payment of Maintenance Charges : 5 No owner / tenant shall be entitled to use any of the amenities provided by the association, if he commits default in payment of maintenance charges to the Association for a consecutive period of three months. Such default by owner / tenant shall attract the provisions contained in clause 5[5] of Chapter - I Occupancy : 6 Every allottee / owner shall furnish the details of the family members / others who shall ordinarily be resident in the dwelling unit. Leasing out of the dwelling unit wholly or partially shall be intimated in advance to the Association and prior clearance from the Management Committee shall be obtained. A copy of the lease deed with details of name, occupation and other occupancy details of the tenants shall be filed with the Association by the allottee / owner. A higher rate of maintenance charges as decided by the Management committee from time to time shall be levied in respect of the dwelling unit let out on tenancy Vacating of Dwelling Unit : 7 Before vacating a dwelling unit, the resident shall inform the Association in writing and obtain the necessary clearance Parking of vehicles : 8 Residents shall park their vehicles only in their allotted parking slots. Others who use the common areas for parking will be charged monthly fee as may be prescribed by the Management Committee Dogs / Pets : 9 The pets shall be properly leashed whenever they are outside the unit failing which the pets would be treated as stray. Owners of pets shall take due care to ensure pets do not cause any harm and nuisance to others and affect the hygiene and cleanliness of the complex. Pets shall not be allowed into the lifts and on to the lawns. Owner shall also ensure that he / she adheres to the rules and regulations governing upkeep of pets and sanitary bye laws as enacted by the local authority such as the municipality Civility / Cleanliness : 10 No member or resident shall hang garments, rugs etc from the windows, balconies or from any of the facades of their individual units. Members / Residents shall not place flower pots and other objects on the parapet wall posing a danger of their falling down or causing damage to persons / property of other residents 11 No member / resident shall throw garbage or trash outside the disposal installation provided for such purposes Servants and Security : 12 Every servant or car cleaner shall possess an entry pass. Each servant / car cleaner leaving the employment shall surrender his / her pass 13 No encroachment is permitted on common areas. All encroachment shall be evicted at the risk and expenses of the offender without any notice 14 No containers, crates, wooden boxes or packing materials etc shall be kept under stilt or common areas Additional Construction and Modification 15 The dwelling units have been built as per certain approved specifications. Hence any modification needs to be approved by the civil works sub committee comprising members qualified to certify or reject the proposal for modification. The dwelling units are also to retain the plan approved by BDA. A specific procedure as laid down shall be followed wherein the intending owner indemnifies the Association and all those likely to be affected by any modification even if the Association may have given the permission 16 The lifts provided in the apartment blocks shall not be used for carrying household or other articles which exceeds the capacity of lifts or which are likely to damage the lifts due to their over dimensional size or shape. Any person violating the provisions shall be responsible for making good damages / repairs caused to the lifts 17 In case of repairs arising out of damages / defects in respect of common areas such as common wall, ceiling, toilets, kitchen sinks etc the cost of such repair maintenance work shall be shared equally by the apartment owners / occupants / affected / concerned 18 No apartment owner may exempt himself from liability for his contribution towards the common expenses by waiver of the use or enjoyment of any of the common areas and facilities or by abandonment of his apartment 19 All sums assessed by the Management Committee but unpaid by any apartment owner shall constitute a charge on such apartment prior to all other charges save Government and Municipal dues. Upon sale of the apartment, the purchaser of the apartment shall be jointly and severally liable with the vendor for all unpaid assessment against the latter for his share of the common expenses upto the time of sale 20 The Management Committee or its representatives shall have the right of access to any apartment during reasonable hours as may be necessary for the maintenance, repair and replacement of any of the common areas and facilities therein or accessible therefrom to prevent damage to the common areas or to another apartment 21 Each apartment owner must perform promptly all maintenance and repair work within his apartment, which if omitted would affect the apartments in entirety or in part belonging to other owners. All repairs relating to the dwelling units including installations therein shall be at the expense of the owner concerned. An owner / resident shall reimburse the association any expenditures incurred in repairing or replacing any common area or facility damaged through his fault CHAPTER IX COMPLIANCE Seal of the Association : 1 The association shall have a common seal which shall be in the custody of the Administrative Officer and shall be used only under the authority of a resolution of the Management Committee and every deed of instrument to which the seal is allowed shall be attested for and on behalf of the association by two members of the committee including the Secretary or any other person authorised by the Association in that behalf Savings : 2 For the things and matters which have not been specifically provided for in these bye laws, the provisions of the Karnataka Societies Registration Act, 1960 and the rules made thereunder shall apply CHAPTER X AMENDMENTS TO THE BYE LAWS OF THE ASSOCIATION Amendments to the Bye Laws : These bye laws may be amended by the association in a duly constituted meeting for such purposes and no amendment shall take effect unless approved by members representing at least 2/3 -rds of the members present in the said meeting. All amendments shall be duly registered with the competent authority CHAPTER XI MISCELLANEOUS MATTERS Dissolution : In the event of dissolution or winding up of the Association the assets remaining as on date of dissolution shall under no circumstances be distributed amongst members, but shall be transferred to another Association / Society / Institution / Trust which enjoy recognition under Sec 80 G of the income tax Act, 1961, as amended from time to time Powers to sue and to be sued : The President of the association shall be the person to sue on nehalf of the Association and shall also be the person to be sued in any suit against the Association ------------------------------------------------------------------------------------------------------------------------
DISCLAIMER This compilation is intended as an immediate browse support on the Bye Laws of the KVAOA. Authentic version is the edition of 2005 vintage. While every effort has been taken to ensure that this soft copy is faithful to the original, this site does not assume any responsibility for errors, additions and or omissions -- primary or secondary. However reported errors will be gratefully acknowledged by KVAOA and corrected. Please send mail to : kvaoaynk at dataone dot in
Uploaded 05 Feb2009 Thu, 26 nov 2008, 30 nov 2010 tue
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