Você está na página 1de 28

_;

KRISHNA ARCADE FLAT OWNERS ASSOCIATION

'1.2.13 "Resident" is one who iegaily occupies a unit either as owner or tenant duly authorized
by the owner.

1.2.14 "Section" means a Section of the Andhra Pradesh Apartments Act, 1987 and the rules
made there under.

: .0 APARPI.Et,IT OVJt4ERSHiP: The apartment of lhe building I complex located at

V...APA, Survey Nos. 243,249 N1'z.ampet , Qutubui\apur !v1andal R.R.Dlst, l-lyderabad-


500090 forming part of Krishna Arcade Apartment are submitted to the provisions of the
Act.

1.4 OBJECTS OF THE ASSOC/A TION: The objects of the Association shali be: -

1.4.1 Tc be and to act as the Association of the Flat Owners of the building called Krisha
Arcade Apartment located 2.\ Su1'.Jey tos. 243,24D Nizarnpet, Outubullapur Manda!,
RR.Dist, Hyderabad-500090.

1.4.2 To provjde tor anc} do u and any of the matters provided in Andhra Pradesh
Apartments Act, 1987 and the rules made there under.

1.4.3 To create ar..d. mair\tan 2i Residents' Current Account mto v.:hlch an contribution from
members as also surplus are credited, to invest these, funds in deposits schemes of
schecutec banks and public sector undertakings earning interest on behalf of each
member. Profits .aOC mcom if any will be used to promote fhe objects ot Society and the
payment of any dividend or distribution of any income or profits among the members of
Krishna Arcade Flat Owners Association is prohibited.

1.4.4 To establish and carry on - on its ov,;n or jointly with individuals or institutions -
educational, physlcal, social and recreational activities for the benefit of the residents
and their 1,e.lfare.

1.4.5 Employment of c!liid labour in Krishna Arcade Flat owners Association is prohibited .

. l,
,{$
;..,
PageN 0 r.
c..oOrrecticns r tL--

'
KRISHNA ARCADE FLAT OWNERS ASSOCIATION

1.4.6 To frnff!e rules, \AJith the approval of the: qeuer al body of KAFOA, for the management of

KAA.

i .4.7 To raise funds tor creation cf the required and viable assets within KAA complex.

1.4.8 if considered necessary, the KAFOA may become a member of any Federation o!
apartment owners in the lccallty in which KAA is located, subject to approval of
the A,GM.

1.4.9 The Association shall not act beyond the scope of its objects without duly amending
the provision of these bye-laws for the purpose.

1.4.10 To do all things necessary fer the attainment of the objects specified in these bye-laws.

1.5 MEMBERS OF THE ASOCIATION:

1.5. ": Originai members: .A.I! the owners in the KAA and the prospective owners who have
registered their flat in the said apartment with the Jurisdictional Registrar
shau automatically be memoers ct the Association. They shall pay Rs.200/- (Rupees
One Thousand Only) each as Entrance Fee.

1.5.2 f/:embership on Purchase of an Apartment: Upon any member or owner selling his
apartment, the purchaser is obliged to become a rnemosr of !he .Association by fulfiiling
the following: -

(i) Pay Rs.200/- to the KAFOA as Entrance Fee cum Share Transfer Fee.

(ii) Have the apartment iegistered and submit a copy of the sale deed to the
Secretary, KAFOA. T.e tu-st name on the safe deed is to be admitted as
a member and other names on the sale deed as associate members,

(iii) Pay the corpus fund as and when decided by the SOM.

.,
.. ":'..

.. .
... --:, .
'

KRJSHNA ARCAllE FLAT OWNERS ASSOCIATION

(iv) The membership certificate held by the seller (Apartment owner/member) shall
be transferred to the fA.irChaser on iurti\\1na the above ccndifions. The first
name on ihe Saie Deed shall be placed in the first position of the membership
certificate.

1.5.3 Sums indicated at paragraphs 1.5.1 and 1.5.2 are subject to revision by resolutions
of
the AGtv1/SGBiv1

1.5.4 Transfer of iviembership on the De8th of an <A:: On the death cf a member,


the person whose name appears in the highest position of the membership certificate, next to
the dsceased member, sha}J be regarded as a member of the association ..A.ff responsibilities
of a member will thereafter devolve upon him.

1.5 .4 .1 On the death ol an apartmen\ owner the \ega} heir or neirs may take appropriate
steps at the concerned Gnvernment agencies/Court to have the cv.:ne;ship of the
apartment transferred lo hisltheir name(s). Upon receipt of documents pertaininq tc transfer of
ownership,
the neme of the nev owner or owners as the case may be, is to be entered in the Register of
Apartment Owners required to be maintained and updated by the Secretary.

t .6 JOlN.T APARfMENT OWNERS:

1.6.1 \i"Jhere an apartment is purchased by two or more person jointly, they shall be jointly
ent1!}e.d !o the apartment and ihe membership of the Assccletlon shall be issued in their
joint names, but the person whose name stands first in the share certificate shall alone
have the right to vote. The order of names on the membership certificate can be
changed b'} \he )o\nl owner whose name appears in the first place on the Sale deed by
an application to the AFOA office for a change and by then sig!ling on the reverse of
the certificate.

5 .-
....
-;_.-
KRISHNA ARCADE FLAT OWNERS ASSOCIATION

1.6.2 A person whose name appears on the membership certificate in position other
than pceiticn one; shall, as joint owner, be termed Associate Member of the
Association. He does not have the dgt1.t ta \/ate.

1.7 HOLDING OF MEMSERSHiP COMPULSORY: It is mandatory ior an apartment owner to

hold membership of the .4ssociatior.. Joint owners .,,.,,u ho!d oniy one membership jointly.
Holding of membership singly or jointly is limited to one share only

1.8 GPA Holders: - P... person \uho hc\ds Pv\!Jer of Attorney of an owner, but whose name
does not appear in the sale deen .-.f the ep.::;-trr:ent, shall be termed Associate Member
of the Associetion. He shaii not have tile right to vote.

CHAPTER il
VOT!hiG, QUORUM AND PROXIES (!N AGfvi/SGi'l i)

2.1 VOTING. Eacj1 aartrnent is entitied to oniy one vote. The first named in the
membership certificate shail alone have the right to vote, except for provision under Sub
- para 2_3 betcw.

2.2 Quorum. The presence of 50% members, inclusive of members of the Board shall
constitute 3 quorum, except as provided for in para 3. 6.1. below.

2.3 VOTE IN PERSON OR BY PROXY. Normally, votes are to be cast in person by each
member. !n case cf inability to attend GBM/SGM a member may give a specific
authorization in writing (called PROXY) on the format specified by the Secretary K".FOA
to a Joint Owner of the apartment, spouse or another member wno is himsel1 not
disqualified to vote, to represent him in that particular rneetinq and vote on his behalf.

Such autJ}orizatio..t should be rec:eived by the Returning Officer at the Office of the
BSFOA at least seven working days prior to the said meetinq. No individuat can accept
mere than one proxy.

' .
'
,
-
i'
;
"

\' <r ::

'' '

KRISHNA ARCADE },'LAT OWJ\i"'ERS ASSOCIATION

2.4 Disqualification:

2.4.1 A member shali not be entitled to vote on any resolution or in the eiections for the posts
of President, Vice President, Secretary, Joint Secretary, Treasurer and I or other
members of the BOM if there are any KAFOA dues against him on the date of scrutiny.

2.4.2 A disqualified member is neither entitled to vote in any GBM!SGM nor contest an
election to the BOM. He may only attend a GBM/SGM.

2.4.3 A member who hs violated the Bye-Laws /Rules of the Association may be disqualified
at a General Body Meeting after: -

i) The BOM has issued a notice to him on his violation of bye-laws/rules

ii) Obtained his reply to such notice and examined the same. If no reply is
received within the stipulated timeframe, it will be presumed that the
member has nothing to state.

iii) BOM has thereafter recommended his disqualification and

iv) He is heard again by the GBM.

v) Majority vote for disqualification by the GBM

C'J. Qrf9C t' 00$ ,,


i1;.
(j(1,=. ....
dlJt'I N ;_. 1 /L .r '--- -

KRISHNA ARCADE FLAT OWNERS ASSOCIATION

CHAPTER !!I
ADMiNISTRA110N

3.1 POYVERS & DUTIES CF .ASSOCIATiON.

3.1.1 The Association shall have the responsibility of administering the KM Complex. To this
end the Association shaii, .through the BOM, convene annual meetings, and special
meet\ngs of the General Body when required, lo approve the annual budget and decide
upon policy matters affecting the members. The Association may frame RULES to
amplify these Bye-laws and these rules shalt be applicable to all members/residents
.after tP..ey .aJ".e passed by a maJority in any AGM/SGM. !n the event of doubt, the Bye
laws shall prevail over the Rules.

3.1.2. All resolutions 01 the Association shall require the approval cf a majority of eiigibie
members present at the meeting. No resolution can be passed on the sale, transfer or
mortgage of any immovable property of the Association that constitutes Common
Areas.

3.2 PLACE OF MEETINGS: Meetings of the Association shall be held at a suitable place in
!<AA, as decided 'o'J the BOM.

3.3 ANNUAL t:l:Nl:RAL BODY MEETiNG: The Annual Meetings of the Association shail
be heJd or> a day,_-& WfGFe-the ist-oHa!y-;--as decfded by the 80l\r1, each year. At
such meetings members shall elect by voting a Board of Managers as per para 4.5
below. Members may aiso transact other lawful business of the Association, brought
before the meeting.

3.4 SPECIAL MEETiNG: The BOM shall call a special meeting of the Association as
directed by a resoJut1\1n of tt1e Board or upon a petition by at least fifty (50/o) members
having been presented to the office of the Association. Notice of 2ny special meeting
shall state the time and place of such meeting and the purpose thereof. Such meetings

8 .
'

'
l
(I

9
' -
KRISHNA ARCADE FLAT O\V:NERS ASSOCIATION

shall be scheduled within fifteen working days of the Board resolution or receipt of the
petition at the office. No other business shali be transacted at a special meeting, without

the consent of a majority of l'1e members present .

3.5 NOTICE OF MEETit-JGS: The SOM snall email to the members, or paste on Notice
board or send a notice ol each ,l\nnual or Special Meeting, stating the purpose thereof
as well as the time and place where it is to be held, to each member, at least twenty
one days but not mere than lhirty days prior to such meeting. All notices required to be
sent by post shall be sent under a certincale oi pos'iing and those sent by hand to
residents at KM shall be duly acknowledged the member's apartment. The mailing or
sending of a notice by electronic means shaii be considered notice served.

3.6 ADJOURNED MEETINGS:

3.6.1 If any AGM/SGM cannot be conducted because of a lack of quorum, the BOM may '. '

adjourn tne meating by t.,ver,ty-four hours from the time the original meeting was called.
If at such adjourned JJ",ea!ing also, no quorum is present, the members present in
person being not less than twenty five (15), including proxies and members of the
B0fl.i1, shaU form a quorum,

3.7 ORDER OF BUSINESS:

3.7.1 AGM-The order of business shall be as fallows;


i) Roll call
ii) Obituaries, if any
iii) Proof of notice of meetings or waiver of notice;
iv) Passing of minutes of preceding meeting/meetings;
v) Reports of officers;
vi) Report of Committees, it any;
vii) Unfinished business, if any

9 \
'
.,

' I
,/
KIUSJINA ARCADE FLAT OWNERS ASSOCIATION
viii) New Business as per Agenda which should include Adoption of Audited
Accounts, Appointment of Auditors and Fixing of Maintenance Charges.
ix) Election of Board of Managers.
3.7.2 SGM The order ot business shall be as follows;
i) Roi! ca!!
ii) Obituaries, if any;
iii) Proof of notice of meeting or waiver of notice;
1v) Passing cf minutes previous SGM, if any. pending;
v) Business as per Notice of the SGM;
vi) New business. if any. in accordance witn para 3.4 above.

3.8 SEATING ARRANGEMENT:

3.8.1 The seating arrangement shall be such that pet Sons who are entitled to vote,
inclusive
of proxy holders, are segregated and seated together in one section cf the ha\\.
3.8.2
The other section of thP. hall may be occupied by associate members present as
observers, none of whom is entttled to vote. A clear physical separation shall be made
between the t..uc sections to evc)d coniusion in the voting process and on the status
of a participant.

3.8.3
Before election activity commences, the Returning Officer sha!I ensure clear separation
between votinq members and others authorized to attend such meetings.

' .
CarrectioMs !.'.-.. r... ,-.. .

_.,,,..

.-;-

JO
l I

KRISHNA ARCADE FLAT OWI'l'ERS ASSOCIATION

CHAPTER IV
BO.A.RD OF f..1ANAGERS {BOf'.f.)

4.1 BOARD OF MANAGERS: The affairs of the Assoctaticn shaii be conducted by a Soard
of Ma11agers, duly elected by the General Body

4.2 PO\/JERS At-ID DUTiES OF SOARD: The 80.A shall have the powers and duties
necessary for the administration of the affairs of the A.ssocation as imposed by these
bye-laws and/or by resolutions of ihe General Body.

4.3 OTHER DUTIES: In addition, the Board sha!i be resp0,1Sib.\e for the foUowing: -

4.3.1 Care, upkeep KAA complex and associate areas and facilities.

4.3.2 Timely collection cf maintenance charges and other authorized charges, from
owners/residents/licensees.

4.3.3 iv1anagement of personnel if necessary for the maintenance and operation of KAA
complex the matter \Vi!! be decided including their recruitment, terms and conditions of
employment, remuneration, welfare, discipline and term\. ,ation of their services.

4.3.4 Maintenance of Accounts up to date and their audit annually by Chartered Accountant
appointed by the General Body.

4.3.5 Effective control on all expenditure. Expenditure is not to be incurred outside the
available sanction of the bye-laws and the General Body.

4.3.6 inspection of the accounts kept by the Treasurer and to take positive steps for recovery
of dues to the Association.

4.3.7 To entertain and dispose of complaints if any.

ll
,

- ,,'
.- ' -

12

KRISHNA ARCA..DE FLAT O\VNERS ASSOCIATION

4.4 SUPERVISOR. The Board may employ if necessary an Estate Supervisor for the
.A.ssociation at a remuneration fixed by the Board to perform duties assigned by the

board.

-ELECTIONS ANO TERM OF OFFiCE:

,'
4.5.1 The General Body shall elect the President, Vice President, Secretary. Joint Secretary
and Treasurer as principal officers .and nine managers for a duration of one year. Total
strength of the BOM shall not exceed Fourteen. On\y members residing in Kt,A shall be
elected to the SOM. Further a member elected to the BOM while residing in KA.<\ shall
automatically cease to be a member of the BOM IT he subsequently shifts his residence
out of BSA.

4.5.2 A Member will not be on the Board continuously for more than NO years. However, he
can stand for election after a cooling period of two years

4.5.3 Nominations are to be invitei:I for the posts of President, Vice President, Secretary,
Joint Secretary and Treasurer and Five Managers from me.abers and for remaining four
managers from rnemberszjoint vwners. Howe\ler. nomination from joint owners who are
associate members may also be accepted for the first seven posts only to cater for the
eventuality vvhere no nomination for any particular post is received from members. A
Returning officer, appointed by the 8sar-d-fo11.peclTic erection, should invite
nominations. Returning officer shall be a member of Association. Letters inviting
nominations are to be dispatched to ail members irrespective to their place of residence.
(Whether in KA.A. or outstation1. The KAA office shall supply to the returning officer a list
of disqualified members at least ten working days before the General Body Meeting.

4.5.4 Nominations should be on prescribed form, which will be made available by KAFOA
office. One nomination form is to bP. used for one post. All nominations should be
sent

., /" ..
i' s:
12
l .:
't ,.
/
.....

13

KR!SHNA-<\RCAD:EFLAT OWNERSASSOCIATJON

to the Returning Officer, c/o KAFOA office and ackncwledqement obtained from the
office.

4.5.5 Last data for filing nomination shall be two working days prior to the GBM.

4.5.6 Returning officer shaff pubfish the fist of valid nominations received, at feast one working '
day prior to the scheduled date of the GBM.

4.5.7 A member cannot propose er second names of more than one member to the Beard.
Consent of the nominee on nomination form is mandatory.

4.5.8 Erection snaff be by votes cast in baflot boxes. One box is to be earmarked for each
post. Ballot papers, normally eleven of them, are to be distributed by the Returning
Officer and his team to all eligible members at the time of polling. Members may mark
their preference by a tick-mark against the chosen candidate and drop the ballot papers
in the ballot boxes provided.

4.5.9 On completion cf votlrig, Returning Officer shall count the votes !n the General Body. If
they so desire, candidates may observe the counting process.

.
4.5.10 Results are to be handed over by the Returning Officer in a signed statement to the
President, who shall announce the results of the General Body.

4.5.1 i Presence of candidates contesting the election, their proposers and their seconders, is
mandatory at the GBM.

4.5. i 2 If only one nomination is received for a particular post, it should be announced in
the GBM by the Returning Officer. Such a candidate would also need to be elected
by majority vote.

4.6 VACANCIES. Vacancies in the Board, caused by a reason other than removal of a
Manager by a vote of the General Body, shall be filled from among willing members, by

13

...
' '
--
11-

. .,/
14

KRISHNA ARCADE FLAT OWJ\'ERS ASSOCIATION

a vote of the majority of the remaining Managers, in a duly constituted meeting of the
Board. Each person so elected shall be a Manager until a successor is elected at the
next SGM/AGM.

4.7 REMOVAL OF MANAGER. At any regular ot special meeting of the Board, one or more
of the managers, inciuding Principal Officers, may be removed by majority vote, for
absence from three consecutive meetings. A successor shall be elected, as per para
4.6 above from amongst willing members. Any manager whose removal is proposed by
the Board shall be first heard at the said meeting.

4.8 ORGANISATION OF MEETING OF THE BOARD. Flrst meeting of a newly elected


Board shall be held within fifteen days of election at a place fixed by the Managers at
the AGM at which they were elected. No notice shall be necessary to the newly elected
Managers to legally constitute such meting, provided a !Y'ajoritf of the whole Board shall
be present.

4.9 REGULAR MEETINGS. Regular meetings of the Board, shall be held at a place and .
time determined, by the President. At least one such meeting sl-,dll be held each.
calendar month. Notice of such meetings shall be given to each l\.l!anager by the .
Secretary by circular, personally or by mail, email or telegraph, at least seven days prior
to the day of such meetings.

4.10 SPECIAL MEETINGS. Special meetings of the Board may be convened by the
President himself or on written request of at least five managers on three day's notice to

each Manager given personally, by mail, email or teiegraph. The notice shall state the-
time, place and purpose of the meeting.

4.11 VVAiVER OF NOTICE: Before any meeting of the Board, any fv1anager may, waive
notice of such meeting. Such waiver shall be deemed equivaient to giving such notice.
Attendance by a Manager at any meeting of the Board shall be a waiver of notice by

'
14

.; -..
... "' -

15

KRISHNA ARC.ADE F"AT OWJ\'ERS ASSOCIATION

him. If all the Managers are present at any meeting of the Board, no notice shall be
required and any business may be transacted at such meeting.

4.12 QUORUM: At all meetings of the Board, President and five Managers shall constitute
the quorum Acts of Managers present at a meeting at which quorum is present shall be
.,
acts of the Board.

CHAPTERV .
PRINCIPAL OFFICERS

5.1 DESIGNATION:The Principe! Officers of the Association shall be the President, Vice
President, Secretary, Joint Secretary and Treasurer.

5.2 ELECTION OF OFFICERS. The Principal Officers of the Association shall be elected
annuaily by the Genera! Body and shall hold office at the pleasure of the Generai Body.
See also para 4. 5

5.3 PRESiDENT. Responsibuities are as under :-

5.3.1 Preside at all meetings of the Association and the Board.

5.3.2 Have the power to appoint committees and sub-committees from among the owners for
specific tasks. Board shat! be kept informed.

5.3.3 Ensure that decisions at the meetings of the Board have a backinq of the majority
present.

5.3.4 Ensure that proper care is being exercised on the custody of cash and other Assets of
the Association as weU as incurring of expenditure.

5.3.5 Wiil not sanction any expenditure unilaterally.

15

/<;?;. ..l. ,._s.,,_ ,-, ,._ '; -e"t,.o,,,..._,,f/t,'If--


s ,
e:
16

KRISHNA ARCADE FLAT OWNERS ASSOCIATION

5.4 VICE-PRESIDENT: The Vice 'President shall act as the President and perform his
duties whenever, the President shall be absent or unable to act. lt neither the President
nor the Vice-President is able to act. the Board shall appoint some other member of the . ,
Board to act as Officiating President on an interim basis. The Vice President is to carry
out surprise check of cash and. stock at Ieast fv...'fce a year. The Vice-President shaH also
perform such other duties as are assigned to him by the Board.

5.5 SECRETARY.

5.5.1 Shail be the Chief Executive Officer of the Association.

5.5.2 The Secretary shall be Responsible to carry out the decisions of the Executive
Committee and General body: from time to time, he shall administer the day-to -<lay
'
affairs of The Association in accordance wlth these bye-la.,,vs, he shau coordinate all
Welfare activation he shall authorize all oayments against bills and the same Shall be
paid by the treasurer he shall' be the joint custodian of all the funds of the Association
afong with the Treasurer. , .,

5.5.3 Maintain a Master Register, detailed record of na.ues of apartment owners with
apartme:--it numbers. parking space number/numbers, and address of next of kin,
phone/eel! numbers, names of authorized representatives and any other details
considered relevant by the Board. Records will be made available by the Secretary to
r1:ier-i1bers for ve:ificaticn of their own records.

5.5.5 The Secretary shail be the office-bearer to sue or be sued on behalf of Association he
shaii however be not responsible personally for any of his action Done on behaif of Iha
Assccialion in compliance with these bye-Jaws, a!! Correspondence to the Association
shaii be addressed to the Secretary and all outgoing papers shall be signed by the
Secretary.

16

.... 'l
.. J

f (,1I/'
...........

17

KRlSFiP;'A ARCADE FLAT O\VNERS ASSOCIATION

5.5.6 In general, perform all the duties related to the office of Secretary, including:
i) Implement decision of the Board and the Genera! Body, in coordination with
respective managers. He should ensure financial propriety and effective financial
control.

Oversee the workinq ofthe Estate Supervisor.

iii) Be responsible for the personnel management all employees. Functional


responsibility of personnel viii! however devolve on respective portfolio
managers.

iv) Caution an ownerrresident of any lrreguiarity noticed in and around his


apartment.

v) Cali upon an owner/resident to stop any disturbance being created by inmates or


guests in and around his apartment.

vi) in consultation with the BOM suspend services normally available to "'
owners/residents, in case an owner/resident does not adhere to the Bye
laws/Rules of the Asociat!on.

vii) Prevent the entry into the KAA of persons of iii-repute.

viii) Coordinate activities of tvianagers hoiding other portfolios.

ix) In the absence of secretary the Joint Secretary may discharge functions of a
Secretary hov.;ever the E.xecuttve Coni.mlttee shall authorize through resolution
and empower the Joint secretary.

17

.,-,.J ,..( ;.
-: llf/ W->,.-, -, "f .. ,-..,,,,,.-,
I 6dt. .'!. !,-' "!'.,>...,,-, ]' {'
KRISHNA ARCA.l)E FL\T OW"!FRSASSOCIATJON

5.6 TREASURER: He shall:

5.6.1 Be responsible for Association funds and investments.

5.8.3 Keep accurate accounts of receipts and expenditures.

5.S.4 Keep an expenditure '-.i11ithin the budge approved by the Gffiv1

516.5 Incur expenditure as per procedure and flnancial pD>Yers lajd do1s.Yn jn Chapter VJJ.

5.6.6 Ensure that Cash Book is maintained manually or in computer and authenticate the print
out at Cash Book.

5.6.7 Ensure proper mamtsnanca cf Bank Accounts of the Association and piepare monthly

5.6.8
Get ali Iedger Accounts updated rnonthly and thereafter prepare a r rial Balance by 15
ot each month.

5.6.9
Prepare the final accounts of the Association as on 31 tv1arch each year by i5 fu1ay and
have them .a.udjted by 3) :t."ay .each year.

5.6.10 Get a Chartered Accountant appointed as the Asscclation auditor and get his
remunerntkm appro'led in the annual G8M.

5.6. i 1 Supervise financial activities iisled in Chapter Vii.

18

,_,,- t-s-P::,
.
NP Correctlcna
19

JOUSRNA ARCADE Fl.AT OWNERSASSOCJATION

5.7 jQiNT SECRETARY: The Joint Secretary shai! act as the Secretary and perforrn his
duties whenever, the Secretary shall be absent or unable to act. If neither the Secretary
nor the Joint Secretary is able to act, the Board shall appoint some other member ct the
Board to act as Officiating Secretary on an interim basis. The Joint Secretary is to carry
out surprise check of cash and stock at least twice a year a!ong with the Vice-President.
The Joint Secretary shall also perform such ether duties as arc assiqnec re hfr:1 by the
Board.

5.8 REfv10Vl\L OF PRJ}.jC!PAL OFFICERS: .A. Principal Office: may be removed l:y a 75/.,
majorny vote at a meeting of the Genera! Body. He shall be heard at this rneetirig before
the final decisic.r. The successor shall be elected at the same meeting from amongst
other members of the Board or from amongst other members vvii!ing to contest for the

post. Should a member of the Board be elected as Principal Officer, the resultant
vacancy in the board would be filled up in the same AGM. The normal election process
as per Para 4.5 of the Bye Laws vvHi not apply in this case

ACCOUNTS OF AUDIT

6.i FUNDS: Funds may be raised by the Association for the weltare of owners/members in ail

6.i.i By membership fee and corpus fund trorn purchaser of apartment

6.1.2 By coi!eciive contribution, deposits, license fees and donations from the residents and
public.

6.1.3 From common profits which shall form the nucleus of the Residents' Current Account

6.1.4
approved by the Genera! Body.

6:1.5 'By organlzlng other iawfu\ actrvnies tor the residents

19
l ' -. .
i .,-

'-,
'.

211

KRJSHN.<\ ARCADE PLAT OWNERS ASSOCIATION

6.2 The funds and income of the Association shall be utiiized solely on expenditure for
achievement ot objectives ct !he Assoclatlcn, Income in excess ot expeiidlture or vice-
versa shall be merged into the Residents' Current Account Surplus fund shall not
be disbursed to owner as profit/d.vkiend/interest.

6.3 INVESTMENT:

6.3.1 The Association may invest its surplus funds, after the approval of the Board of
managers, m one or more of the fol!owing Institutions:

i} Pubfic Sector Sanks


,
..
!I; Scheduled Banks
ii!) Public Sector Institutions

6.4 ACCOUNTS:

6.4.1 The Asscciatlon shan maintain Bank Accounts as necessary, into which aii money
received by it shall be deposited.

6.4.2 The Treasurer will hold in his custody an amount specified by the Board for petty
expenses.

6.4.3 Salary of employees rnay be paid by cheque as far as possible. Payments in excess of
Rs. 2500/- shall be made only by cheque signed by Treasurer and Secretary.

6.4.4 Those authorized to sign cheques of the Association shali not bear any blood
retationshlp with each other.

20
21

KRISHNA ARCADE FLAT OWNERS .'\SSOCJA Ti ON


6.4.5 .A.ll accounts inc!uding Registration of Apartments 5hdl! he 111:-?i,tgined regularly.

6.4.b Surprise cnecxs of cash, accounts and stores are to carried out at least three times in a
year by the Vice President and a report is to be put up to the BOi\/1.

6.4. 7 The Accounts shaU be aua'ited by a Chartered Accountant every year.

6.4.8 Aii accounts shall be closed as on 31 March every year.

6.5 PUBLICATION 01" ACCOUNTS AND REPORTS:

6.5.1 The Association shall, on or before 31 May each year, publish its Audited Financial
Statement for the previous financial year consisting of: -

i) Income and Expenditure Ale


il) Receipts and Payments Ne
iii) Balance Sheet showinq the assets and liabilities of the Association
disclosing their geilerai nature and value.

6.5.2 A copy ot t'ne Audited Financial Statement and Audit a repo, t shall be kept in the
Associatlon office for perusal by members, during office hours.

6.6 AUDIT:

6.6- i The Association shall appoint, at its GBM, a Chartered Accountant to audit the accounts
and finances of the Association "The G8v1 shall also fix his remuneration.

5.5.2 The Auditor sf1aif examins the Annual Financie! Statement prepared by the Board and
verify the same with connected accounts He shal! thereafter sign the statement as
correct and in accordance with the law.

21

.'
'))

KRfSHNA ,Ll{CADE FLAT OWNERS ASSOC1A TION

6.6.3 The accounts of the Association are to conform to the bye laws/rules of the Association
in addition to the accounting requlation/laws.

6.6.4 Auditor shall specifically observe compliance of Association accounts -vith these bye-
laws/ruies.

6.6.5 Concurrent audit of the accounts shall be carried out by the Auditor, rr1onth\y.

6.6.6 Non- compliance of accounts \1Vith these byelaws/ rules as also accounting laws \a1i!i
specmca\iy be brought out by the Auditor in his Annual report to the Board.

6.6.7 Reports of concurrent audit shall be rendered to the Board. The reports shall cleariy
bring out wrong eccountinq practices, if any, r->:-rors and cases requiring attention of the
Board. Simultaneouslv he shall suggest remedial msasur ars for prevention of such
errors and improvement of accounting standards.

5. 7 The .AuCJio.r shall be entitled to calt fer inforrnatiun pertainin to all financial transactions
conducted by the Association and examine these papers.

o.8 FlNA.NCIII.L POWERS

6.8. I Regular planned items nf expenditure, '" the day-to-day activities of the
Association. sha,11 r.-ot exceed Ihe budget for the same already approved by the GBM.
Non-planned expenditure will be incurred by the common consent of the President,
Secretary &
Treasurer. lf any one cf them disagrees, u--,er, the case shall be referred to the Board for
dec\sionlsanction.

6.8.2 Expenditure up to Rs. 2500/- per !tern may be proposed by the concerned Member and
approved by the Secretary.
-"
-'

KRISHNA ARCADE FLAT OWNERS AS80C!A TIO.I\'

6.8.3 Expenditure in excess of Rs.2500/- per item but limited to Rs 10000/- per item shail be
proposed by the concerned member through the Secretary and approved by the
President

6.8.4 Expenditure in excess of Rs.25001- per iiem but iimited to Rs. 50,000/- per item shail be
proposeri by the Sec.reta.t)' and put up far approval of 801:::.rd for sanction by at least 8
Managers.

6.8.5 Fxperidlture in excess of Rs.50,GGGI- per nern snali not be incuned/sanctioneo by tne
Board but sha!i baput-up-fsr-;3rlor approval at-the GfiA8

6.8.6 Every proposal shall re put up to the Treasurer for clearance, before incurring the
expenditure, on availability of budgetary allocation and liquid funds. No expenditure shall
be incurred \ithoui this clearance in advance.

6.8.7 i\tiininiun1 three quotations shall be caiied for to meet expeildlture on any item costing
Rs. 10,000/- er more. Least cosily quotation commensurate v1ith quality shall be
accepted.

5.8.8 !n exceptionat cases such as in an emergency, when delay cannot be accepted, the
Board can sanction expend\ture, whch V11il\ be put up tor ex-post facto sanction in the
next GBM or in an SGM called for this purpose.

CHAPTER VII
MORTGAGES

7.1 NOTICE TO ASSOClAT!OM. An owner, who mortgages his unit, shaii notify the
Association, the name and address of his mnrt8gagee and the Association shaf
maintain such information in "the Register of Apartment Owners".

i... ,. ..... ;

KRISHNA ARCO}E FLAT OWJVEi<S AS.'!OCrA TlON

7.2 NOTICE OF UNPAID DUES. The Association shall at the request of a Mortgagee of a
unit, report dues out standing from the owner of such unit. The association under no
circurnstances is to stand guarantee for a loan taken aprunst an apartment.

CHAPTER VIII
corv,PLiAi.JCE

8.1 COMPLiANCE. These Bye-Laws are set forth to comply with the requirements of the
Andhra Pradesh Apartments Act, 1967 as amended from time to time. In case any of
tnese bye-iaws conrnct with the provisions the said Act, it is hereby aqreed and accepted
that the provisions of the Act will apply.

8.2 SEAL OF THE ASSOCIATION. The Association shall have a common seal, which shall
be in the custody of the Treasurer. Every deed of instrument to which the seal is affixed
shall be attested for or on behaif cf the Association by the Secretary of the Board tn an
cases and the President/Treasurer as applicable,

CHAPTERiX
AMENDMENTS TO BYE LA1NS

9.1 Af-e'H::JD.1Et.:Ts TO BYE LA'v'VS These Bye-Laws may oe amended by the Association
in a duly constituted meeting for the purpose. PJo amendments shall take effect unless
approved by at least 75% (seventy five) of the total number present in the meeting.

-;
KRISHNA A..'lCADE FLAT OWNRRS A.SSDCIATlON

CHAPTERX

MEMBERS OSLlGATiON

10.1.1 Every member /tenant occupying a flat shall pa, to the Association the Monthly
Maintenance charges as fixed by the executive the owners shall Notify the
PresidentJSecretary the name of the tenant of his fiat from whom The maintenance
charges can be collected however the a.,-.:ner of the tla\ Sha\\ be responsible for payment
of the same

...._---- 10.1.2 !1.onth!y Maintenance charges are payable jrrespedive whether the fiat is Occupied or
not.

10.1.3 Maintenance charges are payable by 7th day ot \1\Cnth 1aihng which an additional late
payment tees wili be col!ected as decided by the Committee.

/ 10. i .4 All repairs reiated to the fiat is the responsibility of the fl3t owner/occupants.

10:1.5 Every member shall notify if !he flat is let out and it is obligatory for the Tenant to obtain
a no dues certificate at the time of vacating a fiat occupied By Him /her.

10.1.6 The member shall ensure that the common passage stair case terraces lift etc are
- maintained in a clean and hygienic condition no articles/items shall be kept in any
common areas.

10.1. 7 No member shall undertake or cause; to undertake any Modiflcaticn ! extensions I


demolitions/altercations/additions within his nat or to Any part of the building including
common areas.

1 (L 1.8 Loud music shall not be played nor any loud noise created which may cause
lncorweniaoce to ot.er occupants

10.1.9 Garbage shall be deposited in bins and kept outside to enable the cleaning Staff to
remove the garbage as per the guidelines of the executive

,..- ..
25
-

KRISHNA ARCADE FLAT OWNERS ASSOCIATION

10.1.10 Parking spaces is meant exclusively for parking of vehicles no enclosures will Be
allowed for parking places, outside vehicles are not allo1Ned to en'!:er the Bui1d!ng the
drive-ways shall be kept free of any obstruction

10.1.11 Poultry live stocx or pets shaU not be permitted inside the flats or in the Premises

by members I residents damaqes caused to any part of the oremtses/buildinq by any

member either deliberately or through negligence shall be n-,ade goDtl at his expense

10.1.12 No member is allowed to paint any exterior part of the building ii is !ha
l'<espansibiiity or tne Association.
10.1.'13 The Association has tile right to impose restrictions on the entry of outsiders.

10.1.14 No resident shall occupy common area even ternporarily for any function VVithout
a written permission of the Secretary.

10.1.15 file resident shall be responsible for any damage suffered by other Residents
or damage caused for common facilities caused by their Visitors The Executive
Committee shall assess the value of such damage and Recover the same from
the res\dent
responsioie.

10.1.16 In case the resident faiis to pay the amount as assessed by the Executive
Committee, suitable action may be ,initiated to recover the amount.

10.1.17 No personal conflicts fa!! within the preview cf Executive Committee unless the
conflicts relates to the building I common areas I common facilities.

10.1.18 Live in servants employed by members I occupants shall be confined to


their respective fiats and shall not use common areas for washing. sleeping or any
other activity.

26
' .

KRISHNA ARCADE FLAT OWNERS ASSOCIATION


10.1.19 Aembers I residents shall not entertain vendors inside the bui!d!ng sn as to
ensure security to the residents.

10.1.20 No Member shall use the secunty personnel for domestic or any other job.

10.1.21 The Executive Committee is empowered to deny common fa.cHit.ies to any


Resident, who fails to comply with the above provisions

10.i.22 Owners I rasidents shall grant the right of entry to any member of the Executive
or any person av"thoTized by the committee into the fiat for

10.1.23 Perforrninq lnstatlation, alterations or repairs to electrical or sanitary works that


may affect other flats I bu_ildJ.ng. Such entry in case of ,;111 emergency shall be :rr,mediate
irrespective of whether the owner I resident is present or Not.

./ 10.1.24 Every resident shall promptly attend to the repairs in his I ha, :lat which, if
Deiayed, would affect other fiats of the buiidinq. A!! internal repairs suh as 'v\later
supply, electricity suppty, Sevvage and sanitary lnstatlation shaU be At th! expense of the
occupant himself J herself shall be immediate Irrespective of wheth@J' !he owner l
resident is present or not

10.1.25 in the event of undertaking any major maintenance work or Additional facility,
addit\onai cornrrounon for the same shall be I nade by each Tviembei as per demand
made by the Executive Committee

10.1.26 No member shaJJ store in h.;s flai any goods which are of hazardous Combustibie
or dangerous nature that are likely to cause damage to the Apartment or to the residents
. cf apartment in case cf violation, the member is liable for payment of compensation, as

may be decided by the Executive Committee, to other members who were subjected to
any kind of loss due to Such violation

10.1.27 It sha!! be the responsibility of the owner to make the tsnaot avvare of zhese Bve-
laws \SH in advance before leasing of the flat either intimating directly or Directing the
prospective tenant to meet-any, one of this members of E.C. in Order to know the rules
before occupation

.-......
. /- : .........,\ :;, '
,
,.,....
C 0 rre ctions
...!S

KRISHNA ARCADE FLAT OWNERS ASSOC1ATJON

10.1.28 The occupants shaH discour aqe their cl uldren from playing and making Noise in
the corridors and lifts

10.1.29 IN ADDITION TO THE ABOVE GENER.AL R'.JLES FOR THE MEMBERS. THE
RULES WHICH ARE IN FORCE A.S PER THE ANDHRA PRADESH ./\PARTMENTS
ACT, 1987 ARE TO BE STRICTLY ADHERED TO.

CHAPTER X.A
M\SCELLANEOUS f!:.A.TTERS

1(L2TERRAC!c RIGHTS. The terrace rights of the building shall rest with the Association. The
ExecuiJve &'1a,!J ,11ave U1e power to prevent misuse by any member I occupant I builder I any
other person (s).

10.3 LEGAL PROCEEDINGS. The Association shall be enli\'.e<l to issue and be used in the
name of the Association i.e EH=iifat Owners Association and shal! be
represented by the Secretary or Joint Secretary within the jurisdiction o1 Hyderabad.

10.4 OFFEMSES AND PENALTi ES. if any member of the Association fails to comply with these
bye-laws the Executive Committee shall deal with the offenses at a speciai meeting
convened for the purpose and the decision taken shall be binding on the owner ! tenant.
Penames lrnposed by the Executive shali be recovered aiong with the monthly
maintenance charge.

10.5 DiSSOLUTION In the event of disso11ution or \vinding up of the Association, the assets
ramaininq as on date of dissolution shall under no circnmstances be distributed among
member but shai! be transferred to the succeeding AssociationiSociety!lnstitution!Trust.

10.S PO\r.JERS 'fO SUE AND TO SE SUED. The Secretary shall be the office-bearer to sue or
be sued on behalf of Association; he shall however be not responsible personaliy for any
of his action done on behatt of the Association in compliance v,/i!t1 U1ese by-e-raw"S.

rn.7The Governing body shall not admit new members during the last three months of its
tenure.

2&
:2()

KRISHNA ARCADE FLAT OWNERS ASSOCIATiON

DOCUMENT II

tv1emorandum of Association

Name of the Association: Krishna Arcade Fiat Owners' Association {KAFC\)-

Location of Office: Survey Nos. 243, 249 Nizampet outubultaour Mandal, r F.Dist,
Hyderabad- 500090.

Aims and Objectives:

1} To maintain all the 'properties of " Krishna Arcade Flat Owners' Association " Residential
Complex, namely, Transformer, Pumps, internal Pathways, Parking Area, Commo,"t Areas,
TV,Dish Cables, Internal e!ectrical V'Jiring, electrical items, fire protection devices, Telephone
cables to the premises in a serviceable condition.

2) To look after the cleanliness and lighting o! the prernises.

_ ;l:l To look alter the essential services such as water-supply, power-suppty, iifts and such other
services for common geed of the residents .

..---,4) Ta esraoh'sli and maintain social, recreational, educationai-and pubiic health activities for the
benefit of the residents.

5) To undertake periodical painting of the interior and exterior of the complex common
areas and landscaping of the common property.

6) To carry out necessary repairs ot the common areas of the property

7) To insure the premises against damages from fire, earthquakes. floods, rioting etc.

8) To appoint and maintain necessary staff if any required to carry out various duties
related to continuous supply of utilities without interruotion, fer the ccnvenience of the
residents.

9) To open/close Bank Accounts and manage finance prudently as deemed necessary.

10) To do such other th!ngs as are necessary for common good and convenience of the
ovvners!residents.

29

Você também pode gostar