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Edit DemoCommunity ByLaws
Name
DemoCommunity ByLaws
Description
Contents
[b]MEMORANDUM[/b] a) The name fo the Association shall be "Assocation of DemoCommunity Apartments' Owners". b) The Objects of the Association shall be i) To be and to act as the "Association of DemoCommunity Apartments' Owners" 100ft By Pass Road, Velachery, Chennai -42. ii) To continuously strive to promote ideal neighborhood, hygiene, sanitary conditions so as to have peaceful and healthy atmosphere within the campus; iii) To maintain, repair, replace etc. the common amenities within the campus; iv) To have and create special amenities such as sports, recreational clubs, parks, swimming pool, etc; v) To prescribe terms and conditions subject to which the flats, common areas, other amenities, etc., to be used by the members; vi) To construct or cause to construct buildings or to carry out other works for the welfare of members; vii) To carry out/initiate any/all lawful activities/action on behalf of the members permissible under the T.N.Apartments Owners Act' 1994 or any other law; viii) To develop the O.S.R. lands pertaining to the campus as per the approved plan and to create or develop a park, recreational park, sports club, etc therein exclusively for the members as per the Development Control Rules, and to take legal action if necessary to achieve the same; and ix) To do any or all other acts and other things as may be considered incidental to, auxiliary and conducive to the attainment of the above said objects; [b]BYE-LAWS[/b] 1. Short title and Application (a) These Bye-laws may be called the "Bye-laws of the Association of DemoCommunity Apartments' Owners". (b) The provisions of these Bye-laws shall apply to all owners - members of the Association 2. i) The name of the Association shall be "Association of DemoCommunity Apartments' Owners" ii) The address of the registered office of the Association shall be, for the time being, at "D-9 DemoCommunity Apartments, 100 feet By-Pass Road, Velachery, Chennai - 42" iii) Date of Formation : 25-11-2006 iv) Business hours: (i) 6pm - 7pm under normal circumstances on all working days and (ii) 10am - 11am on Sunday. (iii) Through out the day during extra ordinary circumstances. 3. Definitions : (a) The expression, "Association" shall mean the "Association of the DemoCommunity Apartments' Owners" comprising all the owners within the campus. (b) The expression "Apartment" or "Flat" means a living unit in any of the building blocks coming under the jurisdiction of the Association. (c) "Committee" means the Executive committee of the Association. (d) "Member" shall mean a person, male or female who owns a residential apartment in any of the building blocks coming under the Association. (e) "Office bearer" shall mean and include the members of the Executive Committee. (f) "Campus" or "Premises" shall mean and include the extent of area/lands wherein the building blocks situate and comprised in Survey Nos. ........ as approved by CMDA Approval No. Planning Permit No. ........... dt ....... and further revisions thereon and the area/block units that may be added thereto from time to time. 4. The objects of the Association are those mentioned in the Memorandum. 5. The activities to achieve the above objects shall be by doing any or all lawful acts conducive for achieving the objects of the Association. 6. Authority competent to sue or be sued: The President, or General Secretary, or any member, authorized by the Committee may sue on behalf of the Association. The Association shall be sued in the name of its General Secretary. [b]MEMBERSHIP[/b] 7. Members: All the owners present or future of the apartments in the campus shall be the members of the Association. An owner can become member by making an application addressed to the General Secretary. However any owner shall be deemed to have become a member if he pays one monthly maintenance charges fixed by the association. 8. [b]Organisation[/b]: [img]http://www.residentialcommunity.in/demo1/Image/2601[/img] (i) The area/campus under the Association shall include the area having 11 building blocks, namely building blocks, viz as H(Type-1), G(Type-1), F(Type-1), E(Type-1), D(Type-1), A(Type-1), B(Type-1), IA(Type-2), B(Type-2), C(Type-2), Type-IV, and any areas or building blocks that may be added in future. (ii) Each building block shall be a "Branch Unit" and the members residing therein shall constitute that branch. Each unit may be called the Association of DemoCommunity Apartments' Owners followed with the name of the block. Illustration: The name of the branch unit in respect of, say, 'G' Block shall be represented as "Association of DemoCommunity Apartments' Owners - Block G". 9. [b]Jurisdiction[/b]: The subjects over which the Branch units and the Association shall have power/authority shall be as follows: (1) Branch Unit: The following subjects shall be vested on the Branch units of the Association. (i) To administer, maintain, repair, the building blocks and the common amenities such as water sump, bore-well, electric motors, pumps, water lines from sump to apartments, sewer links from respective apartment to ground level, electric lines within the building and on the wall, all / any other items within the building blocks. Provided that the repair, the maintenance, colour washing of outer surface of the building blocks and the repair, replacing and maintenance of the ground level surface surrounding each block (as per the Sale Deed) shall be carried out as per the guidelines of the Executive Committee of the Association. (ii) To frame the terms and conditions subject to which member/members shall use the common amenities, their apartments, etc., and in respect of standard of housekeeping, noise level etc, so as to be conducive to the peaceful co-existence. (iii) Distribution of common areas of ground level surrounding the block among the owners for parking vehicles after leaving sufficient passage for the owners of other branch units in consultation and in accordance with the guidelines of Executive Committee of the Association. (2) Association: (i) To construct, maintain and repair any/all common amenities within the campus, which are not listed herein specifically under the control of branch units viz. common well, all water lines, common lightings, electric motors, security room, O.S.R. lands, all recreational facilities, compound walls, roads, etc.,. (ii) To arbiter any dispute between a member and Association of branch unit or between one or more branch units. (iii) To ensure the campus is maintained as per the layout/plan approved by CMDA and to take appropriate action to remove any illegal structures within the campus. (iv) All residual matters not specifically stated under the Articles herein which may be found necessary for better maintenance, healthy environment, and peaceful living within the campus. 10. [b]Rights, Duties, Liabilities and Code of Conduct of Members.[/b] (i) The flat shall be used for residential purpose only. If any unsocial/commercial activities are reported to be taking place inside the flat, suitable action shall be taken by the Association. (ii) No flat owner/tenant/occupier shall erect any permanent or temporary structure in the common area. (iii) No flat owner / tenant/occupier shall use the terrace/common area for storage of any material. (iv) It is the responsibility of all the members jointly and severally to preserve and maintain the beauty and cleanliness of the buildings and campus, water and common electricity shall be most economically consumed by members. Members shall co-operate to keep the common passages, sunshades, staircases, terraces, etc., clean. (v) No member shall make any alteration or repair in her/his flat which will affect the strength of the wall(s) of foundation or which will prejudice in any way the adjoining flats or the common passage. No member shall individually do any repair to the common properties of the Association such as common passage, staircase, terrace, well, motor, etc.,. The existing vertical, horizontal and lateral support given by one flat to another flat shall not be altered/disturbed by any flat owner. (vi) Members shall give utmost importance to the safety of their properties as well as the common properties. If due to a member's negligence any fire breaks out and damages the properties of others of the common properties, such loss due to the damages caused shall be made good by the defaulters, failing which he/she will be liable for legal action. (vii) No member shall at any given time carry on or allow to be carried on any activity, trade or business or which is unlawful, noisy, offensive or dangerous pursuit of which may become in any way a nuisance, annoyance or danger to the owners of the other flats which may tend to depreciate the value of the other flats. No member shall create or allow to be created any noise beyond reasonable limits by grinding flour, by striking/pounding or by blaring music of radio/TV, which may cause annoyance to the owners of the other flats. (viii) No member shall exhibit any signboard or advertisement, which will spoil the look or elevation of the residential flats of DemoCommunity Apartments. (ix) All members shall co-operate to preserve and maintain peace within the premises. (x) The members shall obtain no objection certificates from the branch unit and Association before disposing off their flat. In the interest of all members, it is desirable that flats should not be let to persons who reside without their families. Where flats are let out, the owners shall suitably advise the tenants to ensure that they adhere to the rules and regulations in the bye-laws of the Association and no occasion arises to invoke penal provisions for breach of the bye-laws. The name, occupation and other relevant particulars of the tenant shall be furnished to the Association by the owner/member. (xi) The bye-laws are applicable to the owner/lessee of the residential area also. (xii) The new owner will automatically become the member of the association and shall be liable to all expenses to be commonly shared by the members of the association and shall rank pari passu with the other members in the matters of rights and obligation from the date of such membership. (xiii) The members are individually responsible to maintain their respective flats in good condition. All cost pertaining to such maintenance and repairs within a flat shall be borne in full by the member only. (xiv) Individual members shall implement any improvements, alterations, or modifications, inside their respective flats that may be suggested by the Branch Committee as being necessary for the maintenance of common service lines, to prevent leakages, etc.,. [b]Sharing of rights, liabilities, etc.,[/b] 11. The members shall have their rights and liabilities or profits or losses or expenditure, in respect of items which are directly touching the value of property, shared in proportion to the plinth area of the flat owned by the members. Provided that in case of the rights and liabilities or profits or losses of items which are equally used by the members irrespective of plinth area of their flats, viz, water distribution system, electric consumption system, sewage system, telephone lines, O.S.R lands recreational facilities in what ever they are called, security system, offices and servants compound wall, etc., shall be equally shared by the members. Provided that in the respect of any dispute in this regard the decision of the Committee shall be final. 12. [b]Management[/b] (a) Branch Unit (i) The affairs of the branch units shall be managed by a committee known as a Branch Committee comprising of a President, a Secretary, a Treasurer and such number of members as may be determined by the respective branch unit. (ii) The Branch Committee shall regulate its own regulations and procedures to carry out their business. The copy of such regulations shall be filed with the Association. (b) Association (i) The corporate powers of the management of the Association shall vest with the Executive Committee. (ii) The detailed management of the Association shall be carried by the General Secretary acting as the General Manager of the Association in consultation with the President on the authority of the committee. (This is a partial bylaws document provided as a sample document and cannot be reproduced or reused for any other purposes)