11/01/2016BYE-LAWS INDUS ANANTYA FLAT OWNERS ASSOCIATIONIndus Anantya Flat Owners Association Byelaws Page 1
Contents1. SHORT TITLE AND APPLICATIONS .....................................................................................................72. DEFINITION:......................................................................................................................................73. Objectives.........................................................................................................................................94. Membership...................................................................................................................................105. Cessation of membership...............................................................................................................116. Code of conduct .............................................................................................................................127. Policy on Pets .................................................................................................................................148. Funds..............................................................................................................................................159. Bank Account..................................................................................................................................1610. Operation of Bank Account ............................................................................................................1611. Receipt of Amount Received ..........................................................................................................1712. Accounting Year ................................................................................Error! Bookmark not defined.13. Power of General Body .....................................................................Error! Bookmark not defined.14. Accounting Year .............................................................................................................................1715. Power of General Body ..................................................................................................................1716. General Body Meeting ...................................................................................................................1817. Notice of General Body Meeting....................................................................................................1818. Conduct of General Body Meeting .................................................................................................1919. Management Committee ...............................................................................................................2020. Term of Office of the Management Committee.............................................................................2021. Powers and Duties of the Management Committee......................................................................2122. Meeting of the Management Committee ......................................................................................2223. Officers of the Association .............................................................................................................2324. Executive Council ...........................................................................................................................2325. Powers and Duties of Executive council .........................................................................................2426. Term of office of the Executive Council..........................................................................................2427. Meetings of the Executive Council .................................................................................................2428. Maintenance of the Building ..........................................................................................................2429. Maintenance Charges.....................................................................................................................2530. Responsibilities and Liabilities ........................................................................................................2731. Disputes..........................................................................................................................................2832. Rights of members to inspect the accounts ...................................................................................2833. Amendments to bye-laws ..............................................................................................................28Indus Anantya Flat Owners Association Byelaws Page 2
34. Seal of the Association ...................................................................................................................2835. Auditor ...........................................................................................................................................2936. Miscellaneous.................................................................................................................................2937. Regulations and Vehicle Parking ....................................................................................................3038. Dos and DONTS for Residents ........................................................................................................3139. Policy on “Moving Out”..................................................................................................................3440. Contact Details of Management Committee..................................................................................3541. Miscellaneous Charges – Effective 1st March 2013 .......................................................................3542. Election Procedures – Management and Executive Committee ....................................................36Indus Anantya Flat Owners Association Byelaws Page 3
Indus Anantya Flat Owners Association Byelaws Page 4
Revision HistoryS# Version # Creation Date Remarks1 0.1 04-Dec-2011 Initial Version2 0.2 10-Dec-2011 TBD items updated in the sections 3, 18 Added Points 14 and 20 in the Section 363 0.3 11-Dec-2011 Modified Point 30 in Section 36 Deleted Point 36 in Section 364 0.4 14-Dec-2011 Section 6.8 related to “pets” modified and new section 7 added – “Pets Policy”5 0.5 30-Dec-2011 Deleted points 1 and 2 from Section 406 0.6 10-Mar-2012 Modified Points 27.1 and 27.27 0.7 06-June-2013 Added a new section 37 for “Moving Out” policy. Modified section 6.2, 1.2 and 2.5, 22-25 Corrected the sentence in 6.1, 8.3,13.2,14.4,22.1,35.7 Formatted the points below 16.9 Modified 28.6, 35.3 Deleted one clause in 4.2 Corrected 22.3 and 22.4 Deleted 7th row in Section 39. Updated the TBDs as well in section 39 Updated TBDs in Section 38 Added 35.11 Corrected the typo in section 35.14, 14.2,15.3 Rephrased 6.4 Updated 6.6 and 6.10,7.9,37.5,15.4,23.1,25.4, 40, 37.1 Updated Point #32 in section 36 Numbering format changed for the sub points under section 13.2 Included “Owner” aspect to Section 7 Section 38 and 39 updated – Confirmed in Green and non- confirmed in Pink Added new points 3.1 to 3.8 in section 3 Added new points 5.4 to 5.6 in section 5 Added new points 42 and 43 in section 36 Update Section 1 Removed the section “Contact Details of Executive Council Updated Section 38 – President and VP details Election Procedure added in Section 40 Separate Maintenance charges for Service Apartments and guest houses removed from Section 6 Maximum occupancy limits for bachelor accommodation added in Section 6 Quorum for the general body changed to 30% of the total # of members in Section 16 Penalty for late payment of maintenance charges revised to 500 per month in Section 27 Proxy vote rules added in section 28Indus Anantya Flat Owners Association Byelaws Page 5
S# Version # Creation Date Remarks8 0.8 20-Apr-2015 AMENDMENTS BASED ON EGBM MINUTES DATED 26 JAN 2014 AND MINUTES FOR AGM HELD ON 5 APR 20159 0.9 24-Jun-2015 Point 2.4 amended to reflect changes in Section 17 (was Section 17)10 1.0 11-Jan-2016 Section 2.9 – Definition of “deemed member” added Section 6.10 updated Old Section 17 (now Section 19 – Management Committee) – old 17.1 amended now 19.1, old 17.2 amended now 19.2, 17.3 no longer relevant therefore removed from Section 19, old point 17.4 now becomes new point 19.3, new points 19.4 and 19.5 added Section 38 – Do’s and Don’t’s – Penalties documented under new point 44 – (44a – 44e) Section 38 – Committee members details updated. Section 40 – New committee members details updated. AMENDMENTS BASED ON AGBM MINUTES DATED 29 NOV 2015 Removed the repetitive 14. and 15. clauses on accounting year and Power of general body which are already covered in 12. and 13 points. Added 27.2. and its sub-classes( 27.2.1 through 27.2.5) regarding the splitting of maintenance fee to two components: Fixed and Variable. Rephrased 27.3. clause to detail the list of action items on defaulters of Maintenance Added a new point under \"Code of conduct\" as 6.1 to ban the PG in Anantya Added a new point under \"Code of conduct\" as 6.2 to mandate the submission of the rental agreement to the management committee by the tenants Added a new point under \"Code of conduct\" as 6.3 to provide clarity on biometric system in Anantya for security.Indus Anantya Flat Owners Association Byelaws Page 6
1. SHORT TITLE AND APPLICATIONS 1.1. The name of the Association shall be \"INDUS ANANTYA FLAT OWNERS' ASSOCIATION\" 1.2. The Registered office of the Association shall be situated at No.34,Egattur, Natham Link Road, OMR, Egattur Village, Padur Post – 603103 1.3. The Association was formed on 22 Feb 2013 1.4. The association is situated within the jurisdiction of Registrar of Societies, Chennai 1.5. Business Hours are 10.30 AM to 5.30 PM – Monday to Saturday on Government working days. 1.6. The provisions of these Byelaws apply to the INDUS ANANTYA FLAT OWNERS' ASSOCIATION. All present or future owners, tenants, or their employees, or any other person who is lawfully entitled to use the facilities of the said Building, in any manner whatsoever, shall be subject to the regulations set forth in these Bye-laws. 1.7. The mere act of acquisition or rental or taking on license any property or mere occupancy of any of the Apartments in the INDUS ANANTYA will signify that these byelaws have been read and understood, are accepted, stand ratified and will be complied with at all times.2. DEFINITION: In these Bye-Laws, unless the context requires otherwise: 2.1. 'ACT' means the Tamilnadu Apartment Ownership Act , 1994. 2.2. “Shall” means mandatory requirement. 2.3. 'ASSOCIATION' means the INDUS ANANTYA FLAT OWNERS' ASSOCIATION constituted by such owners for the purpose of carrying out objectives of the association as provided by the rule 3 of the Byelaws. 2.4. 'COMMITTEE' means the Management Committee of the Association consisting of elected members all of whom shall be Apartment Owners (members/deemed members), and who are all residents of the Apartments in INDUS ANANTYA . For more detail refer Section 19 – Management Committee.Indus Anantya Flat Owners Association Byelaws Page 7
2.5. 'BUILDING' means the apartments in any of the phases and blocks in INDUS ANANTYA, situated at No.34,Egattur, Natham Link Road, OMR, Egattur Village, Padur Post – 603103 and known as INDUS ANANTYA and includes the land forming part thereof.2.6. 'OWNER' or 'APARTMENT OWNER/OWNERS' means the person owning an Apartment in the INDUS ANANTYA Apartments with or without car parking space.2.7. 'RESIDENT' means any person staying in INDUS ANANTYA2.8. The singular shall include the plural, and the masculine shall include the feminine.2.9. \"MEMBER\" means an Owner, as aforesaid. Such an Owner shall have full voting rights, provided that such rights are exercised by only one person in respect of an Apartment jointly owned by more than one person. In the latter event, the voting right shall be exercised by the persons whose name stands first in the Declaration, unless otherwise authorized by the other Owner/Owners of the said Apartments. A “DEEMED MEMBER” is a resident of the building and a close relation to the owner of the flat – such as a parent, spouse, or son or daughter. They must provide proof of nomination from the flat owner as representative of flat if and when asked.2.10. “Tenant” shall means the resident of the apartment taken out on rent/lease from the owner2.11. \"DEFAULTING MEMBER\" means any Owner who has not paid the dues to the Association for three months or over. Such defaulting Members shall not be entitled to any of the rights and privileges enjoyed by the other Members, or to the services, and facilities offered by the Association, and shall forfeit all voting rights, whatsoever till all dues are cleared.2.12. \"REGISTRAR\" means the Registrar of Societies, appointed under the Act, Chennai2.13. \"APARTMENT\" which may also be termed a \"FLAT\" or \"UNIT\", (hereinafter referred to as \"APARTMENT\"), means part of the Building , intended for use as a family unit for residential purposes, including one, or more rooms, and/or enclosed space with direct exit to a Common Area, leading to a public road. The Apartment shall not be used for any purpose other than residential, except with specific, written permission of the Managing Committee, and under such terms and conditions as may be laid by it.2.14. COMMON AREAS AND FACILITIES: Common Areas and Facilities, unless otherwise provided in the Declaration, or lawful amendment thereto, means: i) The land on which the Building is located, but excluding the Building itself; ii) The foundations, columns, girders, beams, supports, main walls, parapets, roofs, halls, corridors, lobbies, stairs, stairways, fire-escapes, entrances and exits of the Building; iii) Yards, gardens other than those allotted for private use, parking areas other than those sold, and storage spaces; iv) The premises used as offices, store-rooms, rest rooms, or rooms for the lodging of janitors, or persons employed for the management of the property;Indus Anantya Flat Owners Association Byelaws Page 8
v) Installation for the central services, such as power, light, gas, hot and cold water, heating, refrigeration, air-conditioning and incinerating, etc; vi) The elevators, tanks, pumps, motors, fans, compressors, ducts, filtration apparatus, communication facilities such as cable for television and Internet access, security equipment and installations existing for common use; vii) Such community and commercial facilities as may be provided for in the Declaration; viii) All other parts of the property necessary, or convenient to its existence, maintenance and safety, or normally in common use; ix) Club House including all its fittings, fixtures, equipment, both movable and fixed 2.15. RESTRICTED COMMON AREAS AND FACILITIES: i) Limited Common Areas are those portions which are part and parcel of the Common Areas and Facilities, but are reserved for the use of certain apartment, to the exclusion of other apartment, and designated as such in the Declaration. ii) This right shall be exercised only by persons who are wholly resident in the Building. Other than the privilege of exclusive use, no right or title whatsoever to these Limited Common Areas shall accrue to the Owners of the Apartments to which they are attached, save and except as is vested in the other Owners by virtue of their owning an Apartment in the Building. iii) No structure of any kind whatsoever temporary or permanent shall be erected or fence/partition put up on any Limited Common Area that may obstruct, or impede free movement in the event of an emergency of any kind. In addition, on the Limited Common Areas adjoining the ground floor apartments, no trees shall be planted, which may cause similar hindrance. Structure/fences/trees which do not impede free movement, may, however, be put up/planted, but with the specific, prior, written permission of the MC, and under such conditions as it may specify.3. Objectives 3.1. To be and act as Association of owners of the apartments within the complex called Indus Anantya 3.2. To regulate the rights and enforce rules and regulations amongst the members to preserve and maintain the structure of the building located in the complex, and to preserve and maintain the amenities to the utmost benefit of the occupants and users of the said Apartments and or its safety. 3.3. To hold or to arrange conventions or meetings for discussion on matters of common interest of the members of the association. 3.4. To attend and render suggestions to the members from time to time on matters affecting their apartments and post them with information and notification of Government and other statutory bodies.Indus Anantya Flat Owners Association Byelaws Page 9
3.5. To render, if necessary technical and other services pertaining to the apartment of members as appropriate.3.6. To represent collectively the members before the Government and other authorities on matters that may affect the members collectively, monetarily or otherwise (on matters related to the apartments) and take such steps as are found necessary in this regard.3.7. To invest corpus funds collected from members in a suitable manner and ensure its proper utilization.3.8. To raise funds by way of contributors, subscription and other charges from the members and others.3.9. Promote common understanding and ensure compliance of the bye laws of the association enacted herein.3.10. Foster Unity and co-operation among the members/residents of the association and provide security and civic amenities.3.11. To maintain all common areas and equipment including land spaces, buildings, structures,terraces, fixtures fittings, staircases, lifts, pathways, road, bore wells, water sources, watersupply connections, pumps, generators, water treatment plants, harvesting pits, drains,drainages, electrical fittings, lights, basements, lobby, privileges, rights within the area ofoperations of the association.3.12. To acquire the common equipment and associated documentation (such as approved layouts, design documents, drawings, AMCs of various equipments, licenses) at the above address and to transfer the same in the above said in the Association’s name.3.13. To construct other works of common utility including additions and alterations, however after obtaining appropriate sanctions and approval from the competent authorities.3.14. To layout the lands of the association for any other special amenities.3.15. To do such other things as may be considered incidental or auxiliary conducive to the achievement of these objectives.4. Membership 4.1. Any person, or persons, Firm, Association of Persons and /or Company who/which has purchased an Apartment in the INDUS ANANTYA shall automatically become the Member of the Association and the \"Deposit\" paid by him/her per apartment to the Developer towards the proper upkeep of the building shall be transferred to his/her account with the Association, or to the common account of the Association. Any dues to the Association not paid for three months or more, at the discretion of MC, will be deducted from the said deposit. A Member should be 18 years or above. The membership shall not exceed the total number of individual apartments.Indus Anantya Flat Owners Association Byelaws Page 10
4.2. Upon any Owner selling his/her/their Apartment, or absolutely conveying the same by way of gift, or otherwise, the Purchaser, or Donee shall, become a Member of the Association with same right and privileges as the previous Owner provided the seller has paid all other dues and obtained a 'No Dues Certificate\" from the Association.4.3. On the death of an Owner, his/her/their Apartment shall be transferred to the person, or persons, to whom bequeathed, or to the legal successor in case no bequeathment has been made. The Legatee, or the Successor shall, on satisfactory completion of legal formalities, if any, automatically becomes a Member of the Association, with the same rights and privileges as the previous Owner. No Transfer Fee need be paid, and the \"Deposits\" paid by the deceased Member shall stand transferred to the Successor under the same terms and conditions as aforesaid.4.4. Each Apartment Owner may purchase a copy of the Byelaws on payment of Rs. 100/- (Rupees Hundred only.)4.5. Tenants of the flats shall obtain authorization letter from the owners and compulsory become members to make themselves subject to these bye-laws and to enable them to attend members meetings and become part of the co-operative setup4.6. Every member should be a participant to the association and should be a major to participate in the discussions and to exercise voting rights. In case there are joint owners for a flat, the right of votes vests with the person whose name appears first in the association record/sale deed.4.7. Each member shall give the list of persons who are permanently residing at the aforesaid address and update whenever there is a change.5. Cessation of membership5.1. On the Death of an Owner. If before demise, title to the Apartment had legally been bequeathed/ transferred, the Legatee(s) shall automatically continue as Member(s). In the case of Joint Owners, the surviving Owner shall continue as Member;5.2. On an Owner selling, gifting, exchanging or otherwise disposing off the Apartment;5.3. On a Trust, or Registered Company, winding up its affairs.5.4. If any member of the Society fails to remit the members fees consecutively for 3 months, he/she will be removed from the Society, on the recommendations of the Management Committee. The removed member can be readmitted, however he/she should pay the entire dues of the society.5.5. A member can be removed by the President for his misconduct. However if he gives proper explanation to the Management Committee then it will be considered on its merits by the Management committee. However the decision of the Management Committee will be final and binding on the members.Indus Anantya Flat Owners Association Byelaws Page 11
5.6. Any member of the Registered Society who steals or embezzles any money or other property or willfully and maliciously destroys or injures the property of the Registered Society or forges the deed, bond, security for money, receipt or other instrument whereby the funds of the registered society may be exposed to loss, shall be removed from the society and shall subject to the same prosecution, and, if convicted shall be liable to be punished in like manner as any person who is not a member would be subject and liable to in respect of the like offence.6. Code of conduct6.1. No Flat owner shall run a PG (running a flat through a middle men or care-taker). Usually in cases of PG, the residents neither know the owners nor communicate with them. Here the sense of responsibility is shifting from the owner to the care taker and it is highly difficult to create a synergy between the owner, the care taker, the residents and the management committee. Also, based on history, the care takers neither respect the bye-laws nor respond promptly to any of the issues, queries or concern raised by the residents as well as the management committee. Note: There is a difference between a PG and Direct let out (Flat sharers). In a PG, the agreement is between the Care-taker (A Third party entity to Anantya) and the residents. In a direct let out flat sharers, the agreement is directly between the Owner and the residents and there is no third party entity is brought into picture.6.2. All Tenants/Flat-sharers should submit rental agreement WITHOUT FAIL to management committee while moving in the flat. The rental agreement should enlist all the names of the tenants and not just the principal tenant. The agreement should be directly between the owner and the tenant(s). Note: - The financial details are insignificant and can be masked by the owner if he/she wants to, before submitting the agreement copy to the association. - Whenever the tenant is vacating and new tenant(s) is moving in to the apartment, the rental agreement should be reviewed and latest rental agreement should be submitted to the association. - At any point of time, the residents should have an active rental agreement (not expired) with their names listed in it.6.3. All valid residents of Anantya (Owners and their family members, Tenants, servants/maids) should have their bio-metric registered with the association and entry of people to the premise will be based on the bio-metric system set in place. Note: - Biometric devices will be placed at both the entrances of Anantya - People with valid finger print will be allowed to the premiseIndus Anantya Flat Owners Association Byelaws Page 12
- People without valid finger print will be STOPPED at the gate. - If the stopped person (without valid finger print) is a resident/owner, finger print registration form will be provided at the gate and registration process will be facilitated. Till then, the resident/owner should make an entry in the visitor book and enter the premise. - If the stopped person (without valid fingerprint) is a visitor to any of the flats, security will verify if there is a prior guest intimation from that flat. If so, the visitor will be allowed inside the premise after an entry in the Visitor book. - If there is no prior communication from the flat for which the visitor has come, the visitor will be allowed ONLY after confirmation (telephonic) from the owner of the flat regarding the visitor. - Only the residents mentioned in the rental agreement for Flat-sharer apartments will be allowed for biometric registration.6.4. No Flat owner/tenant carry on at any time, or suffer to be carried on, in the flat or any part thereof any trade, business or profession of commercial nature, any noisy, offensive or dangerous trade or pursuit which may become in any way of nuisance, hindrance, annoyance of danger to the owners, occupiers of any neighboring property or which may tend to depreciate the value of said flats or any part thereof as residential property.6.5. No flat owner/tenant shall alter or permit to suffer alterations on any part of his flat without the written consent of the committee of the management. However, any alterations of modifications purely confined to inside a flat may be carried out after the written intimation to the committee of management provided that the owner carrying out such alterations or modifications shall do so with the due diligence, care and caution without in a manner damaging the main structures of causing inconvenience of hardship to the other flat owners.6.6. Every flat owner who indents to let out his/her flat on rent or renewal of lease should ensure that prospective tenant is met and complied with the terms and conditions prescribed by the Association bye-laws.6.7. No fire arms will be allowed inside the compound. People in possession should submit a copy of the license to the Association and submit the renewed license every year or from time to time.6.8. In case of any flat being sold, mortgaged or made liable to any other charge, a copy of the relevant document of sales, Mortgage etc shall be lodged with the Association. In case of changing a tenancy and change of tenants the owner shall keep the Association informed about the change in writing or by Email.6.9. The new owner will automatically become a member of the Association and shall be liable to pay all the expenses to be commonly shared by the members of the Association and shall rank pari passu with other members in the matters of rights and obligations from the date of such membership. The new owner also needs to pay the corpus fund fixed by the Association.6.10. Pets are allowed in Indus Anantya and the members/residents should strictly abide to the Pets Policy mentioned in Section 7.Indus Anantya Flat Owners Association Byelaws Page 13
6.11. No flat owner/tenant shall have a right to claim his second car parking slot with the Association unless and until purchased from the builder during the initial agreement. The Association can provide on rent parking lots for the owners/tenants if available. 6.12. All owners who sell or lease the apartments shall upon finalization of terms of such sale or lease, inform the Association of the details of such sale or lease. Financial details can be masked for the sake of privacy. 6.13. Maximum Occupancy Limits for Singles Flatshare Accommodation – Owned or tenanted Per bedroom – 2 people Per study – 1 person Servant’s Room – 1 non revenue generating staff or help member. Based on the above guidelines, it is to be noted that Anantya flat layouts consist of – 2BHK – max 4 revenue generating occupants / singles flatsharers 2 BHK + Study – max 5 revenue generating occupants/ singles flatsharers 3 BHK – max 6 revenue generating occupants/ single flatsharers 3 BHK + Servants Room - max 6 revenue generating occupants/ single flatsharers + 1 non revenue generating staff or help in servants room. When bachelors or spinsters occupy as tenant, they should adhere to responsible solid behavior not allowing any extra member for night stay or to carry any unsocial gathering or to involve in entertainment activities disturbing the sanity and serenity of co dwellers. Any nuisance created by the tenants is the responsibility of the owner. Management committee has the right to demand the owner to expel the tenants who don’t adhere to the conditions mentioned above. 6.14. If any immoral or antisocial or subversive activity is carried out in any flat or other places within the complex the association will be within its rights to restrict and prevent undesirable persons indulging in such activities from entering the complex.7. Policy on Pets 7.1. Only domesticated, common household pets will be allowed. Pets of vicious or aggressive disposition deemed by management to be potentially harmful to the health and safety of others are prohibited. 7.2. All dogs and cats over the age of 6 months must be spayed or neutered unless the resident provides a certification from a licensed veterinarian that such procedure would jeopardize the medical well being of the pet. 7.3. A owner/tenant who desires to acquire a new pet, keep an existing pet or add any new pet in a manner consistent with these rules must apply in writing at the association office. 7.4. The owner/tenant shall be responsible for proper care, including but not limited to flea control, yearly inoculations (certifications of which must be presented to the manager), and compliance with all applicable state and federal statutes, City ordinances, and all Authority rules and regulations. They may be required to provide the Association all related documents to prove the same on request.Indus Anantya Flat Owners Association Byelaws Page 14
7.5. The owner/tenant shall keep the apartment and surrounding areas free of pet odors, insect infestation, waste and litter and maintain the apartment in sanitary condition at all times. 7.6. The owner/tenant shall be responsible to clean up after their pet anywhere on Indus Anantya property including carrying a “pooper scooper” and disposable plastic bag any time the pet is outside the apartment. Pet waste shall be bagged and disposed of in appropriate trash receptacles. Pet waste or pet litter shall not be deposited in the toilet. 7.7. The owner/tenant shall keep his/her pet inside the apartment at all times except for transportation on and off Indus Anantya property and daily walks for dogs. When outside the apartment, dogs must be controlled on a leash. Other pets shall be in suitable portable cages when outside the apartment. No animal shall be tied or chained outside the apartment. 7.8. Dogs and cats shall wear a collar with a tag identifying the pet and its owner, with name, address and telephone number. This tag shall be required in addition to license, rabies vaccination and any other tag. 7.9. The owner/tenant shall pay promptly, upon receipt of a bill, for the cost of all materials and/or labor for repair of any damage or cleanliness issues caused by their pet. 7.10. The owner/tenant shall be responsible for any pet-related insect infestation and shall pay promptly, upon receipt of the bill, for all materials and/or labor used for necessary extermination. 7.11. No pet is to remain unattended, without proper care, for more than 24 hours. The owner/tenant shall designate one or more persons as an emergency contact that can tend to the pet if the tenant is unable to do so. In instances where a pet appears to have been abandoned for more than 24 hours, and an emergency contact cannot be located, the Management shall report the matter to the Blue Cross for the Prevention of Cruelty to Animals or other applicable authority for its removal. If necessary, Management can force open the apartment, as in an emergency, to rescue the animal. 7.12. The owner/tenant shall be responsible for insuring that the rights of other owners/tenants to peace and quiet enjoyment, health, and/or safety are not infringed upon or diminished by his/her pet’s noise, odors, wastes, or other nuisance. 7.13. The owner/tenant shall be responsible for disposing of pet remains in accordance with Indus Anantya rules and regulations described above.8. FundsThe funds of the Association shall comprise of8.1. Amount collected from the flat owners and any contribution for the purpose from the builders of the complex viz Indus Cityscapes8.2. Monthly subscription for the services as fixed by the Association 8.3. Receipts from the common properties Page 15 8.4. Non-refundable corpus fund/deposits from the members 8.5. Miscellaneous chargesIndus Anantya Flat Owners Association Byelaws
8.6. Loans/borrowings from banks and other recognized financial institutions 8.7. Proceeds or grants for specific purposes 8.8. Subscriptions towards social, recreational, medical facilities in the complex 8.9. All collections relating to the Association as aforesaid shall be brought into the accounts of the Association. 8.10. The corpus fund shall be kept intact and developed year after year by the interest of the operating surplus. Investment of the corpus and the additional surplus funds shall be decided by the committee members in meetings and minutes before any investment. The interest earned on the corpus fund is to be added as addition to the corpus fund and will be used as capital expenditure. 8.11. All original and new owner members are compulsorily precluded to contribute to the corpus and it will not be refunded to the owner in the event of a sale of flat.9. Bank Account 9.1. The funds of the Association shall be maintained in a nationalized or scheduled bank.10. Operation of Bank Account 10.1. The account or accounts of the Association with one or more banks shall be operated by the President, Secretary and the treasurer. The authorized signatory shall be any two of these three office bearers. 10.2. All payments by the Association exceeding the sum of Rs.10,000 shall be crossed cheques only provided that payment up to and including Rs.10,000 for wages to housekeeping/security agency/maintenance and landscaping etc and payment to government undertaking, electricity charges, water charges etc may be paid in cash if so required. All vouchers shall be duly authorized by the president or secretary.Indus Anantya Flat Owners Association Byelaws Page 16
11. Receipt of Amount Received 11.1. The treasurer shall issue receipts for all monies paid to the Association. In the absence of the treasurer, such receipts shall be signed by the secretary or any other office bearer authorized by the President. 11.2. In case of borrowings, the receipts or bonds shall be executed by the secretary, President and one more member of the committee of management.12. Accounting Year 12.1. The accounting year shall be from first day of April to 31st day of March of the succeeding year.13. Power of General Body13.1. The ultimate authority in all matters relating to the administration of the Association shall vest in the general body of its members.13.2. Among other matters the following shall be dealt with by the general body.o Approval of the annual budget of income and expenditure with reference to the programme of activities of the association prepared by the committee of management for the ensuing year.o Election and removal of members of the committee of managemento Consideration of the annual report and annual accounts of the Associationo Consideration of the audit reporto Amendment or repeal of the existing bye-law or the re-enactment of a new bye-lawo Disposal of excess of collection over expenditureo Consideration of any complaint which any individual member may prefer against the committee of managemento Consideration of any complaint which the committee management may prefer against any individual membero Donations from the fund of the Associationo Appointment of auditor and fixation of remuneration o Provision of the service charges and other charges payable by members including the Page 17 introduction of any new charges on the recommendations of the committee of managementIndus Anantya Flat Owners Association Byelaws
o Admission of new members consequent to any change of ownership o All capital expenditure, budgeted and presented to the AGM shall be administratively approved by the AGM with source of funds specified. However, the financial sanction/approval shall be done by the committee meeting before incurring.14. General Body Meeting 14.1. The managing committee shall normally meet once a month. A general body meeting shall be held for the year not later than three months from the close of the accounting year to review the accounts and to approve the budget for the next year. The management committee will carry on the affairs as per the previous budget for the period from April to June and get the same ratified in the general body. 14.2. Extraordinary general body meeting may be held at any time if the managing committee feels the need for such a meeting. An extraordinary general meeting of the Association may be held at the instance of the management committee or on a requisition in writing by not less than 20 members and as laid down under section 28 of the Tamil Nadu societies registration act 1975. A notice of not less than seven days shall be given to the members of the Association by the committee of management for convening an extraordinary general body meeting within 30 days of such requisition. The notice shall be served in a manner described in clause 15.2 infra. 14.3. It shall be the duty of every member to attend the general body meeting and participate in its proceedings, as the decisions taken at such meetings are binding on all matters 14.4. The general body meeting of the Association shall be held at the premises where its office is located or at any other public place to which all the members thereof shall have access.15. Notice of General Body Meeting15.1. Not less than seven days notice shall be given to the members of the Association by the committee of management for convening a general body meeting.15.2. Notice of a general body meeting may be given to the members in one or more of the following ways o By circulating the notice book and getting it signed by the members. o By sending notice on the certificate of posting/electronic communication. o By placing the notice on the notice board in the complex15.3. The proceeding of the general body meeting shall not be invalid merely by reasons of irregularity in the service of the notice.Indus Anantya Flat Owners Association Byelaws Page 18
15.4. In case of a general body meeting convened to consider amendments to the bye-laws, a month’s notice to be given to all members either by post or by circulation or by Email. Such notice shall include a copy of the proposed amendments and the reasons therefore.16. Conduct of General Body Meeting16.1. The president or in his/her absence the secretary shall preside over a general body meeting, except where the context of the President and/or the secretary is the subject matter for discussion, where in the concerned office bearer shall not preside. In such a context or in the absence of both for any reason, the members present may elect a chairman from amongst themselves to preside over the meeting.16.2. The quorum for a general body meeting shall be 30% of the total # of members in the society.16.3. If the required quorum is not present within 10 min of the fixed time, the meeting shall be conducted after 30 min with the members present on that day and venue16.4. Every question shall be decided by a majority vote of the members present and voting, except Amendment to byelaws and the removal of the office bearer which shall be as the Bye-law point 18 ie by special resolution passed by not less two thirds majority of the members present and voting.16.5. In case of equality of votes, the question shall be deemed not to have been decided provided that in case of an equality of votes at an election that choice shall be by drawing lots.16.6. A member shall not be eligible to vote at a meeting fixed for any election, if on the date of 30 days prior to the date of the meeting, he/she is in default to the Association in respect of any amount of service charges or other demands duo from him/her for a period of three months or is the person against whom any decree, decision award or order has been obtained by the Association from the competent authority.16.7. A member not able to attend the meeting shall nominate a person of his choice to attend and vote provided that such information is sent to the committee of management in advance in writing.16.8. The proceedings of every general body meeting shall be recorded in the minutes book kept for the purpose. The committee of management shall consider the minutes and approve and get it initiated by the chairman.16.9. The following business shall be valid with only at the annual general body meeting, in addition to others dealt within these bylaws:-o Adoption and approval of annual accountso Any amendments to the byelaws o Retirement and election of new management committee members Page 19Indus Anantya Flat Owners Association Byelaws
o Appointment of auditors o Approval of expenditure about the Rs 50,000 for non-recurring expenditure and Rs 1,50,000 for routine expenses. o Any decision on overall budgets and expenditure on major repairs to the premises or amenities o Expulsion of members o Any other matter raised by any member of the Association, provided due notice of the same(minimum 21 days) is receiving by management committee from the member proposing the motion.17. Management Committee17.1. Subject to these byelaws and such resolutions as the general body may pass from time to time, the management of the affairs of the Association shall be in the hands of the committee of management of not exceeding 11 members.17.2. The general body will directly elect the President, Vice President, Secretary, Joint Secretary, Treasurer, Joint Treasurer and the remaining 5 non office bearing committee members.17.3. The committee may also co-opt additional members to look after any specific function of responsibility.17.4. All committee members must be resident in Anantya to hold committee positions, and must not hold any dues pending against them.17.5. Non performing committee members either due to frequent absenteeism, non involvement, lack of rigorous execution of their defined role, or general non participation may be asked to leave the committee.18. Term of Office of the Management Committee18.1. That office shall be one year or till the next general body meeting, whichever is later.18.2. Any elected members can, however, be removed by the general body, by a resolution passed by two thirds majority of the members present and voting, in a general body meeting convened specially for the purpose. Such a person must be given an opportunity to make his/her representation before the resolution is decided upon.18.3. Any vacancy arising on account of the removal of any elected member shall be filled only by the election at the next annual general body meeting.18.4. Any elected member of the committee of management may at time resign from his office by sending a letter of resignation to the committee of management, but such a resignation shall take effect only from the date on which it is accepted by the committee of managementIndus Anantya Flat Owners Association Byelaws Page 20
18.5. Should an elected member of the committee of management absent himself for four consecutive meetings of the committee, without prior intimation and proper reason, he shall cease to be a member of the committee. He, may however , be may reinstated by the committee on a written request from him giving sufficient reason for his absence 18.6. The proceedings of the committee of management shall not be vitiated on account of any vacancy or any vacancies in the committee. 18.7. The services of the members of the committee shall be honorary.19. Powers and Duties of the Management Committee The powers and duties of the committee of management shall be as follows:POWERS: 19.1. To raise in the form of deposits and borrowings on such terms as may be approved by the general body for the purpose of carrying on the function of the Association 19.2. To sanction or approve investment of the funds of the Association 19.3. To prescribe from time to time the monthly service maintenance charges and other charges, if any, payable by members, subject to the approval of the general body 19.4. To appoint any ad hoc committee or committees for carrying out any specific function relating to the business of the Association. 19.5. To take action against members who have not paid the monthly dues payable for three consecutive months, as the committee deems fit in the common interest of the Association and such powers shall include the rights to deny use of basic amenities/necessities and deny access to all common amenities. 19.6. To prescribe from time to time the strength of the association's establishment, service condition, scales of pay allowance admissible to each worker thereof subject to budget allotment sanctioned by the General body 19.7. To incur such expenditure as may be necessary for the management of the Association, with reference to the scales of pay and within the budget allotments, sanctioned by their general body of each year. 19.8. To incur such expenditure within the budget for maintenance of the buildings in accordance with clause 26 and to reimburse expenditure incurred by the office bearers in performance of the duties connected with the Association. 19.9. To frame regulations (which shall be entered in the minutes book of the Association) for the conduct of the business of the Association consistent with the rules framed there under. 19.10. To decide on use of common property in the complex.Indus Anantya Flat Owners Association Byelaws Page 21
19.11. To transact such other business consistent with the object of the Association and as may be incidental to the administration of the Association. 19.12. To consider the request for any alteration, etc to any of the flats referred to it by the owner and grant permission or reject it if not acceptable. 19.13. To right to distant/stoppage of possessions of leaving residents till all the dues to the Association are settled. 19.14. The committee shall, subject to the budget provision, discuss approve and accord financial approval for any expenditure, before committee or incurring it that are in excess of the powers of the President/Secretary. Any subcommittee formed for any specific expenditure will fully participate in such financial approvals DUTIES: 19.15. To maintain such accounts and registers as are prescribed by the general body or as are required for recording the transactions and activities of Association. 19.16. To prepare the annual report/audited statement of accounts for the preceding year, budget and programme of work for the following year, and to place them before the general body for approval 19.17. To arrange for annual verification of all assets and stocks of the Association 19.18. To maintain the records intact for a period of eight years.20. Meeting of the Management Committee20.1. The management committee shall meet normally once a month or as often as may be necessary to conduct the affairs of the Association. However, they may also be held at such other convenient place as may be decided by the committee of management.20.2. The quorum for a meeting of the committee of management shall be Four.20.3. Every question before the committee of management shall be decided by a majority of votes. In case of equality of votes, the item shall be considered in again in the next meeting of the committee. If the equality of votes still persists, the same shall be referred to the general body.20.4. In case of urgency, when there may not be sufficient time to convene a meeting of the committee of management, the secretary may ascertain the opinion of the members of the committee of management, by circulation of papers and act in the opinion is unanimous. If there be a difference in opinion, the question shall be placed before the next meeting of the committee of management for consideration.20.5. The proceedings of every committee shall be recorded in the minute's book kept for this purpose. Such minutes shall be confirmed by the committee at its next meeting and initiated byIndus Anantya Flat Owners Association Byelaws Page 22
the President. The decision will be displayed on the notice board.21. Officers of the AssociationSubject to such resolution as the committee of management from time to time pass, the officers of theAssociation shall have the powers mentioned below:21.1. The president shall have general control over all the affairs of the Association.21.2. The secretary shall be responsible for the executive administration of the Association subject to the control of the President. He/she shall in consultation with the President call the meeting of the committee of management. He/she shall be competent to incur petty contingent expenditure subject to a maximum of Rs 5000 on any one time.21.3. The secretary shall be the office to sue or sued on behalf of or the Association and all documents in favour of the Association shall be in the name of secretary. The secretary shall be the designated officer of the association for the purposes of all matters concerning the Association and under these rules and byelaws.21.4. The treasurer shall have the custody of all movable properties of Association. The committee of management shall frame regulation ensuring the safety of the properties in the custody of the treasurer.21.5. The treasurer will be responsible for maintaining the accounts of the Association. He/she shall be competent to incur petty contingent expenditure subject to a maximum of Rs 2500 on one item with the authorization of the secretary or the President.21.6. All assets of the Association under its control shall be listed in a single register and verified annually by a subcommittee.22. Executive Council22.1. To support the management committee, an Executive council shall be formed which should have one representative for 2 blocks of Indus Anantya.22.2. The issues related to individual blocks should be raised to the Executive council member who in turn would seek the advice of the management committee to resolve the same.22.3. The block # in Indus Anantya spanned across three zones is as follows. Zone 1 Zone 2 Zone 3Blocks 1 and 2 Blocks 8, 9 , 10, 11, 12, 13 Blocks 14, 15 and 1622.4. Executive council should have a minimum of 6 members and maximum of 14 members.22.5. Executive council members also would have specific responsibilities related to critical amenities like STP, WTP, Swimming pool etc apart from the block specific responsibilities.Indus Anantya Flat Owners Association Byelaws Page 23
23. Powers and Duties of Executive council 23.1. Executive council members should be invited for all the meeting conducted by the management committee 23.2. Executive council members have voting rights when a decision is to be made in the management committee. 23.3. Executive council members are direct interface with the members/residents as they have specific responsibilities regarding blocks and amenities24. Term of office of the Executive Council 24.1. Same as Management committee25. Meetings of the Executive Council 25.1. A meeting of the Executive council members should be presided by any one of the members in the Management committee. 25.2. Discussions can be made but all decisions need to be made only by calling for a meeting with the Management committee. 25.3. The Executive committee members can meet on a need basis. 25.4. The minutes of such meetings should be shared with the management committee26. Maintenance of the Building26.1. It shall be the duty of the Association to maintain in good condition, subject to normal wear tear, the exterior of the building. For the purpose of this clause, the exterior shall mean and include only those exterior surfaces which were deemed as exteriors at the time the flats were handed over to the first allotees.26.2. White washing/color washing/distempering of all exterior surface of walls and rainwater pipes fixed externally.26.3. Painting of common doors, handrails, water drainage and G.I pipelines fixed on external surface or walls of blocks of building so as to preserve uniformity and to be in harmony with the general color scheme. The grills and windows of the exterior will be painted by the individual owner at their cost so as to confirm to the existing color scheme.26.4. Maintenance of all common rain and water drainage line, concrete pathways and gates in proper condition including necessary repairs and replacement as and when required.Indus Anantya Flat Owners Association Byelaws Page 24
26.5. Maintenance of all common wells, pumps, Motors, pump sets, pump houses, generator, STP, WTP, and other assets of the Association. 26.6. Maintenance of swimming pool and swimming pool equipment, Club House, gym and gym equipments. 26.7. Maintenance of lifts 26.8. Cleaning and sweeping of staircases, terraces 26.9. Open spaces around the blocks 26.10. Maintenance of all common electric lights including repairs and replacement of fused bulbs as and when required. 26.11. Payment of electrical energy consumption charges in respect of common services. 26.12. In addition to the provision made in clause 26.1 regarding maintenance, it shall also be the duty of the Association to carry out white washing/color washing/distempering and the repairing of both the exterior and interior surfaces of the following. 26.13. Additional structures such as compound walls of the building etc which may be constructed or acquired in future. 26.14. It shall be the responsibility of the Association to ensure of proper security to the building and other property within the operational area by providing the necessary watch and ward including guarding of the entire water supply and electrical installation and sewage disposal.27. Maintenance Charges27.1. For the purpose of carrying out the functions detailed in bye-law every member shall pay a maintenance charge and other charge if any as prescribed from time to time on a quarterly, Half- yearly or yearly basis with the cutoff date being before 7th of the first month of the quarter, Half- year and year respectively, failing a penalty of Rs 500 per month will be levied. It shall be the liability of the owner of the flat to pay the said charges promptly on-time and even in cases where the flat is occupied by person or persons other than the owner, under the authority of the owner to ensure that the said charges are paid in time.27.2. Maintenance fee is split into two components: Fixed and Variable slab. Owners of flats that are not occupied i.e. vacant shall pay only the fixed slab (Fixed slab deals with the cost of components that is going to be incurred by the community whether a person is residing in a flat or not, as determined by Management committee) and resident owners shall pay both the fixed as well as variable slabs. (Variable slab dealing with the cost of components that are dependent on direct consumption or occupancy, as determined by Management Committee).27.2.1. EB Fuse will have to be handed over to Association.27.2.2. Reduced Maintenance (Only the fixed component) will be applicable from the 2ndIndus Anantya Flat Owners Association Byelaws Page 25
billing cycle from the day of handing over the EB Fuse. Maintenance for the immediate nextbilling cycle will be the SAME though the flat is vacant.27.2.3. When the Fuse is being obtained back from the association, to occupy the flat again,the variable component has to be paid for the obtaining month in case the billing cycle hasalready passed. Ex: If a person is Providing the fuse to declare Flat vacancy on December 28th(any day prior to Jan 7th), the maintenance for immediate next month January will be the samewithout any change. The February invoice will have the FIXED component alone (withoutvariable component). Say, the flat is getting occupied back on Mar 16th, the flat has to PAY thevariable component to get back the fuse from the association, as the flat would have alreadyreceived only the FIXED component as maintenance for the billing cycle of March (assumingthat the Maintenance fee - FIXED component has already been paid by the flat). In short, theimmediate billing cycle following the hand-over of fuse and the billing cycle for the occupyingmonth of the flat WILL HAVE BOTH FIXED +VARIABLE maintenance. All the billing cycles inbetween will be charged with ONLY FIXED component.27.2.4. Any misuse of the clause will be levied penalty (as determined by ManagementCommittee) and full maintenance will be collected27.2.5. While getting Occupancy, No dues certificate will have to be taken from association forold dues if any.27.3. The management committee has the right to take the following actions on maintenance defaulters: 27.3.1. GenSet power supply WILL be stopped for the defaulters flats 27.3.2. Maintenance tickets raised for the defaulting flats WILL NOT be attended by the maintenance team (The garbage can be deposited by the defaulters in the collection bins by themselves) 27.3.3. Housekeeping staffs WILL NOT collect the garbage at doorstep and will not clean the vicinity of the flat. 27.3.4. Entry to any common amenities namely Swimming pool, Gym, Club house, Kids play area and other recreational common facilities, will be RESTRICTEDNote: These actions on defaulters will be taken after two months from the defaulting date. Forexample, September month's maintenance is due on 5th of September. The owner will be given timeframe to clear the dues with Penalty of Rs.500 till 5th of November. If the dues of September is notyet cleared, then the proposed action items will be taken against the defaulters.In spite of these actions, if the maintenance dues are still NOT cleared by the defaulters, MC teamare entitled to send legal notice to the defaulter after three months from the defaulting date. In theabove example, MC team can send a legal notice to the defaulter ON or after 5th of December (threemonths of time provided to the defaulter to clear the dues of September).27.4. All charges paid by the members to the Association shall be binding in cheque favoring \"Indus Anantya Flat Owners Association\". Online transfer option is also available.27.5. CareTaker/Manager:o The management committee shall have the authority to employ for the Association, a caretaker/manager at a compensation determined by the management committee. The caretaker/manager shall perform such duties and services as the management committee shall authorize.Indus Anantya Flat Owners Association Byelaws Page 26
o The management committee through the secretary or in his absence the President shall have the authority to provide instructions and mandates to the caretaker/manager, which the caretaker/manager shall carry out. o The management committee shall assign the working hours and responsibilities of the caretaker/manager and the caretaker/manager shall be accountable to the management committee overall and the secretary or Treasurer depending on the nature of responsibility. o The caretaker/manager shall be responsible for the conduct and performance of the personal employed under him by the management committee for maintaining the premises. o The management committee shall have the power to remove the caretaker/manager and appoint another caretaker/manager in his place at its discretion. However, while exercising such right, the management committee shall keep in mind the overall interests of the association. Where the caretaker/manager is to be removed and a requisition for the same has been forwarded by at least 25 members, the management committee shall be duty bound to consider calling a meeting of the members to decide on such removal. A resolution passed by a simple majority of members present at the said meeting shall suffice for effecting the removal of the caretaker/manager. o The caretaker/manager shall incur the routine expenditure within the limits of cash given to him by the treasurer. She shall maintain proper accounts and submit the same periodically to treasurer. The caretaker/manager shall help the treasurer in banking operations. o The caretaker/manager shall maintain the Indus Anantya premises as per the rules of the Association and shall administratively report to the secretary.28. Responsibilities and Liabilities28.1. It shall be the exclusive responsibility of the members to maintain in good condition their own flats. All costs pertaining to such maintenance and/or repair within such flats shall be borne in full by the members themselves. However, if as a result of some defect or defects in any one or more flats members so affected shall immediately notify the Association which shall investigate the cause with the assistance of qualified professionals. The decision of the committee of management in the matter of sharing the cost of rectifying such defect bond that affected members shall be final.28.2. The improvements as considered necessary by the committee of management are suggested to be carried out inside the individual flats for the proper maintenance of the common services lines, it shall be incumbent on the individual members to implement such suggestions.28.3. When liability is common in respect of common properties, rights, interest, benefits and privileges of the members, it shall be shared equally by all the members.28.4. No alienation of sale or mortgage or any other charge created on his/her flat by any member shall be given effect to the Association's record unless all his/her outstanding dues to theIndus Anantya Flat Owners Association Byelaws Page 27
Association are cleared in full. 28.5. Under the byelaws the committee shall frame rules and regulations. 28.6. New tenants/residents may notify themselves in writing to the Association and become members representing the owner but will not have voting rights. The tenants in turn can vote in case the owner of the apartment nominates them as proxy. The owners may also advice the Association of such new tenants. The tenants/residents may obtain a written clearance of all Association dues from the treasurer to enable them to obtain their lease deposits (if any) from the owners. Proxy Votes: One proxy can represent only ONE owner. An email or letter from the owner needs to be presented to the MC by the proxy which explains the reason for nomination29. Disputes29.1. Among members, past members and persons claiming through members and the deceased member, or between a member, past member or deceased member and the Association , its committee or any office, agent or servant of Association, or between the Association or its committee and any past officer, past agent or past servant, or the nominee, heir or legal representatives or any deceased officer, deceased agent, or deceased servant of the Association, or between the Association any other outside agency, such disputes shall be referred to the general body who shall decide on it by a majority vote of the members present and voting.29.2. All disputes or grievances pertaining to the Association with any third parties shall be subject to the jurisdiction of courts in Chennai city only.30. Rights of members to inspect the accounts 30.1. Any member of the Association may at a mutually convenient time inspect the accounts of the Association so far as they relate only to his transactions within either by himself or an agent who shall be member.31. Amendments to bye-laws 31.1. No amendment or alterations or in cancellation of a bye-law and no enactment of a new bye- law, shall be made unless a special resolution is passed to this effect (with clause 16.4 above).32. Seal of the Association32.1. The Association shall have a common seal which shall be in the custody of the Secretary. It shall be affixed on important and legal documents by the Secretary in the presence of any twoIndus Anantya Flat Owners Association Byelaws Page 28
members of the committee of management.33. Auditor An auditor with chartered accountant in practice, and who shall be the person other than a management committee member of member/Apartment owner or member/Apartment owner's attorney or occupier of an Apartment shall be appointed at the annual general body meeting of the Association with or without remuneration for auditing the books of accounts of the Association. They shall submit the balance sheet and income and expenditure account and/or receipts and payments accounts for the year up to 31st of March together with his report to the annual general body meeting of the Association. He shall be eligible for reappointment. The management committee shall prepare and file the concerned registrar of societies annually or other statements and returns which are specified in the society’s registration act and rules framed there under. AUDIT: The Association shall cause the books of accounts to be audited by an auditor, appointed by the Association in the annual general meeting and possessing the requisite qualifications. The Association shall place before the annual general meeting within six months after the expiry of the financial year to which the accounts relate, the receipts and payments and/or income and expenditure account and the balance sheet together with the auditor's report usually signed by the auditor, treasurer, secretary and president of the Association. The secretary shall file with the registrar all returns and documents as required under the societies registration act or any other act governing the Association.34. Miscellaneous 34.1. The rules governing the operation of the gym, swimming pool, children's park (as framed by the association from time to time) shall be displayed inside and outside the premises. 34.2. Swimming pool access to be restricted to residents and guests will be charged a nominal fee fixed by the Association from time to time. Residents to use the gym/swimming pool only during the designated timings earmarked for a respective category (ie) ladies/children and others. 34.3. Every resident of the flat shall have right to question the governing body if any of the rules are violated.Indus Anantya Flat Owners Association Byelaws Page 29
35. Regulations and Vehicle Parking35.1. Parking of vehicles shall be done in such a way that there is no obstruction to free movement of people and vehicles in the driveways, compound or near the main gates. Further parking should be made only in the allotted space.35.2. Only one car shall be parked in one slot. All two wheelers, bicycles can be parked in the slotted parking of the respective owner or at designated parking place for such two wheelers. In case where the builder provides back to back car park, it will be considered as two cark park slots. The owner needs to ensure that all cars are parked within the boundary allotted to them and does not cause disturbances to other owners of the society.35.3. Members shall be entitled to park only such vehicles as mentioned above that are owned by the member or his family staying permanently with him in the apartment.35.4. Also from time to time inform in writing to the Association of any sale or purchase of cars or two wheelers so as to enable the Association to keep track of vehicles parked in the premises.35.5. Cleaning/water washing of vehicles shall be done in such a way that it does not result into water logging and wet surface.35.6. Heavy vehicles cannot be parked in the building on a permanent basis. However such vehicles entering the premises temporarily shall immediately be taken out once the purpose is over. Heavy vehicles entering the compound should be with the approval of the caretaker who shall make the necessary arrangements to ensure that regular movement of vehicles and persons are not hindered.35.7. Vehicles of any kind which belonged to persons residing outside the premises be it that of guests, relatives or friends or any other person shall be allowed to park inside the premises only at the designated place defined by the Association. In case of visitor parking not available, the vehicles need to be parked outside the premises. No un-authorized vehicles shall be parked in the compound and particularly in allotted also reserved car park.35.8. Any vehicle parked unauthorizedly will be forcibly removed by the caretaker/security and the Association shall not be liable for any damage caused to such vehicle under the circumstances.35.9. The speed limit in the building and driveway approach is 15 km/hour. No horns, car music systems shall be used inside the premises. The engine should not be kept on running when the car is parked to avoid pollution. No car shall wait at the lobby entrances for pickup/drop except in cases of senior citizens, for medical emergencies or movement of luggage.35.10. Loud noise resulting from the reverse gear indicator and remote key operations in the car should be avoided.35.11. All persons using the parking spaces shall do so entirely at their own risk. The Association will not be responsible for any loss or damage to the vehicles.Indus Anantya Flat Owners Association Byelaws Page 30
35.12. Car drivers shall abide by the rules framed by the management committee. 35.13. Members shall not let out or permit use of their car parking slot to any outsider, or relative or friend with or without consideration. A member could however permit parking of any car belonging to a tenant or other resident of the Association under any arrangement after informing in writing to the Secretary/caretaker. The member may however sell his car park to the purchaser of the apartment while selling his apartment. In any case, rights over car park cannot be sold to an outsider or nonmember. The Association shall be kept informed of such transactions. 35.14. Members are advised to stick the “INDUS ANANTYA” stickers to their cars and two- wheelers to easily distinguish the vehicles. Association would distribute the stickers for a nominal charge.36. Dos and DONTS for Residents1. “Indus Anantya” is a prime residential flat and not to be used for any commercial activity.2. Cars and two wheelers to be parked only at the designated parking slots only.3. Visitors vehicles should be parked only at the designated areas4. Residents to ensure that the drivers/domestic servants do not litter/sleep in the common area5. Smoking, consuming alcohol , urinating and spitting in the common area is strictly prohibited6. Do not throw garbage out of your window or balcony7. Ensure that your music system does not cause discomfort to others due to loud noise.8. Children will be allowed to the gym, swimming pool and terrace only with their parents9. Any game played inside the complex which can cause damage to property or person is not allowed10. Do not pluck flowers from the park/garden and do not walk on the lawns11. Car washing using hose pipes from the service line is not allowed. Water is precious and save every drop of it.12. Common area should not be encroached13. While drying clothes in the balcony, ensure that the water does not drip and cause inconvenience to the residents below.14. While checking in or checking out of a flat, heavy vehicle shall be allowed inside the common area passage only in the designated area.15. Residents shall update details of the house maid, driver and the service providers to the security/Association in writing. All members/residents shall be responsible for the conduct and discipline of their respective servants/car drivers.16. Faults respective to your respective flats to be entered in the registry kept at the association office.17. Do not entrust personal work to the security staff and the other common staff.Indus Anantya Flat Owners Association Byelaws Page 31
18. All residents are requested to co-operate with the Association/Manager/Security for happy living at Indus Anantya19. The recreation facilities present are for the exclusive benefits of the residents and their family/relatives/friends who are staying with them or visiting them. Residents shall be selective in permitting their relatives and friends to use the amenities. The same shall not hinder the use or right to use the amenities by other residents20. Not use the maintenance team of the association for personal demands and thus interfere with the discharge of their duties to the association21. Not use the parking lots, staircase, terrace and other common area for storing materials for personal use and generally keep them free, clean and tidy.22. Not without the permission of the management committee addressed to the secretary in writing stating all the required particulars make any additions to or alterations to the structure of the apartment. The secretary , with necessary assistance shall have the authority to enter or pull down, any unauthorized structure put up without such permission23. In the event of any plumbing, drainage, other water supply or electrical problem arising in any one of the apartments, due to defect repair in the apartment within the same building, the cost of repairs shall be shared by the members affected and the member responsible for the problem.24. Not use any public address/loud speakers or other audio system in such a manner as will cause noise pollution or be nuisance to other residents except during common functions organized by the association.25. If any social function is to be organized by any of the owners/residents, the same shall be organized in a designated area and prior intimation shall be given to the Caretaker and clearance obtained after paying the nominal fee fixed by the association from time to time. Structures like shamiana, pandal and lightings can be put up temporarily and removed forthwith after the function without any damage to the property. The members shall be responsible to clean up affected areas and restore it to the original condition. Where the members seek the help of the maintenance team for the function, the request shall be made to the caretaker and subject to the availability of the association staff, the caretaker shall assign one or more persons to help the members for any function, provided however the cost of those services shall be levied and the members shall pay the association the said cost forthwith or in advance.26. Not play or allow their family members, guests or children to play games or any sort of entertainment within the building complex which will result in the risk of damaging or breaking window panes, cars, two wheelers etc.27. Children should not be permitted to play in the main lobby, lifts, staircases, terraces, basements, stilt and corridors. Any damage to the walls caused by the children will be charged to the resident of the apartment in which the child concerned resides.28. The members shall take utmost care not to cause damage to the properties and in case it sustains damage during the use, shall reimburse the full cost of the same.29. Not throw and also prevent their servants from throwing garbage, waste paper, vegetable or other food products, cigarette buds etc through drains, windows and doors either inside the compound or outside the compound but dispose all waste materials by moving the same inside their respective apartments and handing it over to the garbage collectors30. Members/Residents shifting into or out of the building shall do so between 7 AM and 11 PM on any day. Shifting of heavy goods, furniture etc shall be done without damaging the lobby doors, staircases or lifts and only after properly insulating the goods. Residents need to ensure that heavy goods are not shifted using theIndus Anantya Flat Owners Association Byelaws Page 32
lifts. When moving out of Indus Anantya, “Policy on Moving Out” mentioned in Section 37 need to be strictly adhered to.31. All posted articles shall be delivered to the allocated mail boxes located in the basement and shall be collected by the residents. The caretaker shall not be responsible for any undelivered or lost mail or parcel of any description.32. The play area facilities are only for children aged 2-12 years and not for anyone above/below this age range.33. The speed limit of any vehicles within Indus Anantya premises is 15 km/hr.34. Fireworks/Holi and any other similar celebration would be done in only designated areas identified by the Association.35. Any unlawful or illegal activities are not to be done by the residents/tenants.36. Residents should not leave footwear outside the flat premises. This may cause inconvenience to the cleaning staff and also reduce the aesthetics of the common areas.37. All residents should ensure to close the lift doors after use so that it does not cause any inconvenience to other residents waiting to use the lifts.38. Residents to ensure to switch off the power mains and close the water taps of the respective flats before embarking for a long vacation.39. Residents to enter the name and flat number in the register maintained by the maintenance team before entering the gym/swimming pool.40. Residents to enter the name and the flat number in the register maintained by the security to get access to the terrace and hand over the keys back to security on returning back.41. Residents embarking on long location need to keep the association posted and inform on an emergency number to be contacted in case of any issues.42. Residents to take prior approval from the President/Secretary to illuminate the block on occasion of Wedding etc.43. No Laborer engaged by the residents is permitted to work inside the premises after 7 PM.44. Penalties applicable for specific bye law violations – a. Penalty type – Over Occupancy and Non-updation violations - applicable to Singles flatshares - Penalty for over occupancy for will be Rs.10,000/- per month of over occupancy. Refer governing byelaw 6.10 for occupancy limits. b. Penalty type – Social Disturbance – This rule applies to all - penalty for social disturbance is set at Rs. 10,000/- per incident. Refer governing bye law 6.1 . ANY disturbances, be it noise, loudness and inconvenience to neighbours, messy common areas outside a flat, abuse of common spaces, abuse or threats to staff or the community, will incur a fine of Rs.10,000/- per incident. c. Penalty type - Damage to complex – This rule applies to all - Infractions to these guidelines in the bylaws will incur a fine of Rs.10,000/- per incident. Refer governing byelaw this section (38) points 28 & 29. d. Penalty type - Witholding/ Non updation of info - This rule applies to all - A fine of Rs.5000/- will be levied per month for not updating info on Apartment Adda, or not completing and handing over house owner/ occupier/ tenant forms. In the case of singles flatshares this info needs to be updated EVERY MONTH by the 5th of the month, regardless if there are changes to the occupiers or not. e. Penalty type – Commercial Activity – this rule applies to all - will incur a penalty of 10,000/- per incident. Refer governing byelaw Section 6.1 for definition and scope of “commercial activity”.Indus Anantya Flat Owners Association Byelaws Page 33
37. Policy on “Moving Out” 37.1. The member/Resident has to inform the Association in writing or by Email about the date of shifting at least 2 weeks before the shifting date. 37.2. The Caretaker would check the status of the dues pending with the member/resident 37.3. The Caretaker would check the condition of the common area which has direct impact of the movement of goods once the loading of goods is over. 37.4. Caretaker would inform the association regarding any pending dues or damages resulted during the shifting of goods. 37.5. The association will issue a gate pass or Email after receiving the amount fixed and only then, the security would allow the movement of goods outside the apartment complex.Indus Anantya Flat Owners Association Byelaws Page 34
38. Contact Details of Management Committee S# Name Designation Apt # Contact # Email id1 Ramakrishnan. S President 812 +919840111225 [email protected] Vivek. S Vice President 21D +919884171905 [email protected] Sonal. K Secretary 1423 +919962512479 [email protected] Santhosh.R Joint Secretary 12D +918939930708 [email protected] Maheshwaran M Treasurer 22H +919840476627 [email protected] Harish. V Joint Treasurer 24B +919840379171 [email protected] Krishnakumar MC Member 14G +919840177250 [email protected] Prakash MC Member 1431 +919443705535 [email protected] Venkatesh. A MC Member 11D +919176266221 [email protected]. Miscellaneous Charges – Effective 1st March 2013S# Activity/Item Charges Unit Remarks1 Social Parties on Terrace and ground Rs 500 Each Party Specific damages to common facilities will2 Stalls by Vendors Rs 1000 Per Day be charged at actual This will be the3 Swimming Pool Rs 50 Per Guest – Duration 2 minimum charge hrs Maximum of 4 guests4 Cheque Bounce Charges Rs 200 Per Cheque in a day Per month5 Delayed payment for maintenance Rs 500 If Paid after 7th of the Per Sticker monthcharges Per Sticker Per Copy The registered bye-law6 “Indus Anantya” – Car Sticker Rs 50 would be printed to a booklet and all7 “Indus Anantya” – Two Wheeler Sticker Rs 25 residents should have a copy of the same.8 Indus Anantya Bye-law document Rs 100Note: 1. Payments to be made in Cheque in favour of “Indus Anantya Flat Owners Association” for all items except for (3) which will be in cash to committee member for swimming pool. 2. Charges specific will be reviewed once in 6 months for any revisions 3. All members are requested to follow the regulations in order to keep the Indus Anantya premises clean and safe.Indus Anantya Flat Owners Association Byelaws Page 35
40. Election Procedures – Management and Executive Committee Electing the Management Committee Members: The current MC should prepare the voters list and place in the notice board before 3 months of the election The Election Commissioner and Asst. Election Commissioner are to be elected by conducting the General Body Meeting 40 days before expiry of the term of the current management committee After the declaration of the election, election commissioner and asst. election commissioner, the following details need to be placed in the notice board by the election commissioner The date of filing nomination The date of nomination withdrawal Date of scrutinizing and election date Nomination form shall be issued 3 days continuously before 30 days of election The nomination form should be filed and one must another second it, and it should be submitted to the Election commissioner within 3 days Last date for withdrawing the nomination should be within 10 days of nomination submission Final sets of valid nomination readiness by Election commissioner – 15 days from the date of receiving the nomination If there is ONLY one nomination available for a designation, the election commissioner to declare that nominee as unanimous winner for the respective designation. Election commissioner to send the following details to the Anantya google group by email 1. Date and time of election 2. Place of Election 3. Names of the candidates and the designations Election shall be conducted under the supervision of Election Commissioner. lf necessary, the Election Commissioner have right to appoint person or persons to assist him in his work. Voter’s slips have be issued to each member Election Commissioner and Assistant election Commissioner is responsible for counting the votes and declaring the results In case of a tie in votes for any designation, a LUCKY DRAW would be conducted and a neutral person should be assigned by the Election commissioner to draw the lot.Indus Anantya Flat Owners Association Byelaws Page 36
Electing the Executive council Members:The elected MC calls for a General body after 2 weeks of election ¡V Oct 6, 2013MC nominates the EC members from the general body and request the member¡¦s consent to be part ofEC The nominated EC Member should be seconded by one other person from the general bodyNo multiple members to be nominated from the same block, intent is to bring in participation of membersfrom different blocks for equal representation of all blocksThe office for EC shall be of one yearMinimum 6 Members Required and Maximum can go upto to 14 EC members assist MC in managing thedifferent Blocks in AnantyaIndus Anantya Flat Owners Association Byelaws Page 37
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