Memorandum of Association & Bye -LawsCRYSTAL C BLOCK Sterling Little Flowers Apartments Owners Association

In the efforts to promote and sustain an outstanding community ,the CRYSTAL C Block Sterling Little Flowers Apartments Owners Association shall be guided by a set of shared values , to which all its members stand committed.

Elango4/25/2011

MEMORANDUM OF ASSOCIATION

CRYSTAL C BLOCK STERLING LITTLE FLOWERS APARTMENTS OWNERS

ASSOCIATION

1. NAME : The name of the Association is “CRYSTAL C BLOCK STERLING

LITTLE FLOWERS APARTMENT OWNERS ASSOCIATION”

2. REGISTERED OFFICE & ADDRESS:

The Registered Office of the Association will be at CRYSTAL C BLOCK STERLING

LITTLE FLOWERS APARTMENTS ; Address- Ground Floor, CRYSTAL C BLOCK

LITTLE FLOWERS APARTMENTS, Guduvanchery – 603202.

3. AREA OF OPERATION

Within the CRYSTAL C Block STERLING LITTLE FLOWERS APARTMENTS complex,

including the land appurtenant thereto having Re-SF.No. 183/8 (14.17 Ares) 183/2

(23.70 Ares) and 187/2 (26.84 Ares) of Nandivaram Village, Kanchipuram District

owned jointly by the Owners of CRYSTAL C BLOCK STERLING LITTLE FLOWERS

APARTMENTS OWNERS ASSOCIATION

.

4. OBJECTS:

(a) To work for the noble cause of equality and fraternity among the members of the

Association

(b) To introduce social service activities among the members of the Association.

(c) To introduce cultural and literary activities among the members of the Association.

To take over, operate and maintain all the common properties of CRYSTAL C Block

Sterling Little Flowers Apartments consisting of apartments, at

Nandivaram ,Guduvanchery -603202 including land spaces, buildings, exterior of

apartments, walls compound, electrical installations, water sources, water supply

connections pumps and motors, dish antenna, ditches, drains, drainage, lights,

internal phone wirings, garden plant boxes, potted plants, parking areas, common

area of all floors including payment of common water and electrical charges, security

cover, maintenance and running of the lifts and generators and over – head expenses,

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inclusive of salary, establishment charges etc. privileges, rights, easements,

advantages, appurtenances, facilities and conveniences whatsoever in any way

pertaining to the various apartments, by a Managing Committee as provided in the

Bye-laws.

e. To maintain or arrange for the maintenance and improvement of all the common

properties, areas, amenities and facilities of CRYSTAL C Block Sterling Little Flowers

Apartments. To represent the members of the Association in all matters pertaining to

the common properties of the building aforesaid known as “CRYSTAL C Block

STERLING LITTLE FLOWERS APARTMENTS” To negotiate, carryout litigations and

settle any matters affecting the common rights and properties of “CRYSTAL C Block

STERLING LITTLE FLOWERS APARTMENTS”

g. To establish and carry on its own account or jointly with individuals or institutions,

educational, physical, social, cultural, recreational, medical and public health activities

such as clubs, cinema shows and canteen only for the benefit of its members and their

families.

h. To receive monies, grants, donations, etc: and to carry on its own account or jointly with

individuals or institutions the aforesaid with objects of the Association and such other

objects as mended, altered, added from time to time, by a resolution to be passed by

the General Body.

i. To do all such other acts and things as are or may be deemed incidental or conducive

to attainment of all or any of its powers. And it is hereby declared that in the foregoing

clauses, the intention is that the objects specified in each paragraph except where

otherwise specified, be independent main objects and shall be in no way limited or

restricted by reference to or inference from the terms of any other paragraph or the

name of the Association.

j. To provide special amenities to the members of the Association, subject to the rules of

the Association.

k. To lay out any lands as may be acquired by the Association into parks, play grounds,

club house, nurseries, schools, car and scooter parking, hospitals, water works, market

and other special amenities.

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l. To carry out any other items of work relating to “CRYSTAL C Block STERLING LITTLE

FLOWERS APARTMENTS” which may be included in accordance with a resolution to

be passed in a General Body Meeting.

m. To construct or cause to be constructed buildings, or other works of common utility to

the Association including additions or alterations.

n. To protect the environment around the buildings and surrounding from dust, smoke,

noise, mosquitoes and other pollution agents.

o. To liaise with the Guduvanchery Municipality and such other authorities to maintain the

roads, sewers, lights, waste disposal and other matters to safeguard and sustain clean

and comfortable living surroundings.

p. To liaise with CRYSTAL C Block Sterling Little Flowers Apartments or any other

Government or non- Government agencies for all matters connected to the land,

building and other amenities provided or would be provided by them and also for

availing all benefits and claims as buyer of Sterling Apartments for and on behalf of

the owners.

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DECLARATION

(a) We the several persons, whose names are given at the end of this document having

associated ourselves for the purpose described in the Memorandum of Association and

set our respective and several hands hereinto and from ourselves into an Association

under the provision of T.C. Literary Scientific and Charitable Societies Act 1956, in

accordance to the decisions taken in the General Body Meeting of CRYSTAL C

BLOCK STERLING LITTLE FLOWERS Apartments Owners Association held on 24-

04-11.

Sl.No. Name and Address (Position) Profession Signature

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ANNEXURE A

The name of the Society is :

CRYSTAL C BLOCK STERLING LITTLE FLOWERS APARTMENTS OWNERS

ASSOCIATION

The address of CRYSTAL C BLOCK STERLING LITTLE FLOWERS APARTMENTS

OWNERS ASSOCIATION is Ground Floor, C Block, Sterling Little Flowers Apartments,

No 6, G.S.T Road, Nandivaram , Guduvanchery -603 202.

The association was formed on 25 th April 2011.

The association is situated within the Jurisdiction of Registrar of Societies, Chennai.

ANNEXURE B

DEFINITIONS

In these Bye-Laws, unless the context otherwise requires:

B1. ACT: Means the TAMIL NADU Apartment Ownership Act, 1994 .

B2. All words which signify the singular shall also include plural and all words which signify

the male shall also include the female.

B3. “Managing Committee” means the committee duly elected/nominated by the members of

the “Owners Association” having strength of five to eleven members.

B4. “President/Vice President” means a members of the Association duly nominated or

elected as the President/Vice President from among the members of the General body

on an Honorary Basis.

B5. “Secretary or “Joint Secretary” or “Treasurer” means, a member of the Association

elected as Secretary or Joint Secretary or Treasurer from among the members of the

General-Body on an Honorary basis.

B6. “Members of the Managing Committee” means, the members elected to the Managing

Committee by the members of the Association on an honorary basis.

B7. “Association” means, the CRYSTAL C BLOCK STERLING LITTLE FLOWERS

APARTMENTS OWNERS ASSOCIATION which otherwise means all of the apartment

owners acting as a group in accordance with the Bye-laws and the declaration.

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B8. “Apartment” means, a part of the property intended for any type of independent use,

including one or more rooms or enclosed spaces located on one or more floors (or part

or parts thereof) in a building, intended to be used for residential purpose and with a

single direct exit to a public street, road or highway or to a common area leading to

such street, road or highway, including the consulting rooms set up at the bottom floor.

B9. “Apartment Owner “/ Apartment Owners” means a person or persons owning an

apartment and an undivided interest in the common areas and facilities in the

percentage specified and established in the declaration.

B10. “Apartment number” means the number, letter or combination thereof designating the

apartment in the declaration.

B11. ”Building’ means a building containing two or more apartments, and comprising a part of

the property and all structures within the property.

B12. “Bye Laws” means the Bye-Laws of the Association of apartment owners as per the

TAMIL NADU Apartment Ownership Act 1994.

B13. “Common areas and facilities” unless otherwise provided in the declaration or lawful

amendments there to means:-

B13a. The land on which the building is located

B13b.The Foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors,

lobbies, stairs, stairways, fire –escapes and entrances and exits of the building.

B13c.The basement, yards, gardens, parking areas, play areas , library, consulting rooms,

recreation hall, storage space, generator, pumping room, sump, watch man shelter all

car parking areas, landing areas of both the lifts and corridors of all the floors, waste

disposal etc.

B13d. The premises for the lodging of persons employed for the management of the property.

B13e. Installations of central services, such as power, light, gas, hot and cold water, heating,

refrigeration, air–conditioning and incineration, dish antenna, cabling, phone lines,

electrical intercom system etc.

B13f. Elevators, tanks, pumps, motors, fans, compressors ducts and in general, all apparatus

and installations existing for common use.

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B13g. Such community and such other facilities as may be provided for in the declaration, and

B13h. All other parts of the property necessary or convenient to its existence, maintenance

and safety or normally in common use.

B.14. “Common expenses” means:-

B.14.a All sums lawfully assessed against the apartment owners by the Association of

Apartment Owners.

B.14.b Expenses of administration, maintenance, repairs or replacement of the common areas

and facilities such as gardens waste and garbage disposal etc.

B.14.c Expenses agreed upon as common expenses by the Association of Apartment Owners

such as caretakers, lift operators, security personnel gardeners and cleaning up

personnel and other relating to all operational maintenance expenses.

B.14.d Expenses declared as common expenses by the provisions of this Act, or by the

declaration of the Bye-Laws.

B.15, “Common Surplus” means the balance of all income, rents, profits, and revenues from

the common areas and facilities and other sources remaining after the deduction of the

common expenses.

B.16, “Competent Authority” means the persons authorized by the Government, by

notification in the gazette to perform the functions of the competent authority for such

areas as may be specified in the notification.

B.17. “Declaration” means the instrument by which the property is submitted to the

provisions of this Act as herein - after provided and such declarion as fully amended

from time to time.

B.18 “Deed of Apartment” means a Deed of apartment executed by an apartment owner.

B.19, “Majority of Apt-Owners” means the Apartment Owners and their proxies present at a

General Body meeting with 51 percent or more of the votes.

B.20. “Prescribed” means prescribed by rules made under this act.

B.21. “Property” means, land the building, improvements and structures thereon, all owned in free hold or held on lease or as occupant under any law for the time being in force and all easements rights and appurtenances belonging thereto, and all articles of

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personal property intended for use in connection there with which have been or are intended to be submitted to the provisions of this Act.

B22 “State” means the State of TAMIL NADU

C1. NAME OF THE ASSOCIATION: CRYSTAL C BLOCK STERLING LITTLE FLOWERS APARTMENTS OWNERS ASSOCIATION

C2. ADDRESS OF REGISTERED : CRYSTAL C BLOCK STERLING LITTLE FLOWERS

APARTMENTS OWNERS ASSOCIATION,

Guduvanchery, Pin-603 202.

DISTRICT : Kanchipuram TALUK : Chenglepet

CORPORATION : Guduvanchery

VILLAGE : Nandivaram

C3 REGISTERED OFFICE : Ground Floor, CRYSTAL C BLOCK STERLING LITTLE FLOWERS APARTMENTS, No 6, G.S.T Road, Guduvanchery-603202.

C4 JURISDICTION : Within the CRYSTAL C BLOCK STERLING LITTLE FLOWERS APARTMENTS Complex including the land appurtenant thereto having Survey Nos. 183/8, 183/2 & 187/2 of Nandivaram Village Kanchipuram District owned by the owners of CRYSTAL C BLOCK STERLING LITTLE FLOWERS APARTMENTS OWNERS ASOCIATION.

C5. OBJECTS.

a).To work for the noble cause of equality and fraternity among the members of the association .

b) To introduce social service activities for the uplift of the poor and downtrodden masses.

c ) To introduce cultural and literary activities among the members of the Association.

d). To take over operate and maintain all the common properties of CRYSTAL C BLOCK

STERLING LITTLE FLOWERS Apartments vide clause 82 consisting of apartments, at

Guduvanchery-603 202 including land spaces, buildings, exterior of apartments, walls,

compound, electrical installations, water sources, water supply connections, pumps

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and motors, dish antenna, ditches, drains, drainage, lights, internal phone wirings,

garden plant boxes, potted plants, parking area, consulting rooms, common areas

including payment of common water and electrical charges, security cover,

maintenance and running of the lifts and generators and over head expenses, inclusive

of salary, establishment charges etc. Privileges, rights, easements, advantages

appurtenances, facilities and conveniences whatsoever in any way pertaining to the

various apartments, by a Managing Committee as provided in the Bye – Laws.

e. To maintain or arrange for the maintenance and improvement of all the common

properties, areas, amenities and facilities of CRYSTAL C BLOCK STERLING LITTLE

FLOWERS Apartments.

f. To represent the members of the Association in all matters pertaining to the common

properties of the building aforesaid known as CRYSTAL C BLOCK STERLING LITTLE

FLOWERS Apartments. To negotiate, carry out litigations and settle any matters

affecting the common rights and properties of CRYSTAL C BLOCK STERLING LITTLE

FLOWERS Apartments.

g. To establish and carry on its own account or jointly with individuals or institutions,

educational, physical, social, cultural, recreational, medical and public health activities

such as clubs, cinema shows and canteens only for the benefit of its members and

their families.

h. To receive money, grants, donations, etc: and to carry on its own account or jointly

with individuals or institutions the aforesaid with objects of the Association and such

other objects as amended, altered, added from time to time, by a resolution to be

passed by the General Body.

i. To do all such other acts and thing as are or may be deemed incidental or conducive to

attainment of all or any of its powers. And it is hereby declare that in the foregoing

clauses, the intention is that the objects specified in each paragraph, except otherwise

specified, be independent main objects and shall be in no way limited or restricted by

reference to or inference from the terms of any other paragraph, or the name of the

Association.

j. to provide special amenities to the members of the Association subject to the rules of

the Association.

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k. To lay out any lands as may be acquired by the Association into parks, playground, club

house, nurseries, schools, car and scooter parking, hospitals, water works, market and

other special amenities.

l. To carry out any other items of the work relating to CRYSTAL C BLOCK STERLING

LITTLE FLOWERS APARTMENTS which may be included in accordance with a

resolution to be passed in a General Body Meeting.

m. To protect or cause to be constructed buildings, or other works of common utility to the

Association including additions or alterations.

n. To protect environment around the building and surroundings from dust, smoke, noise,

mosquitoes, and other pollution agents.

o. To liaise with the Guduvanchery Municipality and such other authorities to maintain the

roads, sewers, lights, waste disposal and other matters to safeguard and sustain clean

and comfortable living surroundings.

p. To liaise with CRYSTAL C BLOCK for availing all benefits and claims as buyer of

CRYSTAL C BLOCK STERLING LITTLE FLOWERS APARTMENTS for and on behalf

of the owners.

q. To carry out any other activity this will fully aim for the benefits of the owners/residents of

CRYSTAL C BLOCK STERLING LITTLE FLOWERS APARTMENTS.

C6. Business hours - On working day 9.30 AM to 5.30 PM except Sundays.

C7. FURTHERANCE OF ACTIVITIES

The General body of the Association shall chalk out the policies and courses of action

from time to time. The Managing Committee shall put them into execution, through its

officials.

8. TERM OF OFFICE

The term of office of the members of the Managing Committee shall be for a period of

Two years.

9. LITIGATION

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The President shall be the person who will sue and be sued for and behalf of the

Association.

C10. RESPONSIBILITIES

The Managing Committee will be responsible for carrying out the operation,

maintenance and repair of the common areas and facilities, to make payments thereof

and also to carry out any other item of work duly authorized by a resolution passed by

the General Body of the Association.

C.11. Membership of the Association

C11.aThe Owner/Owners of each Residential Apartment in the building viz CRYSTAL C

BLOCK STERLING LITTLE FLOWERS APARTMENTS OWNERS ASSOCIATION

shall hold membership in the Association and shall constitute the General Body of the

Association. If there is more than one owner to an Apartment, they shall nominate any

one of them as owner for the purpose of these Bye-Laws. The membership shall be

compulsory. In the case of sale or transfer of ownership of an Apartment, the

membership of the Association shall be deemed to have been automatically

transferred from the seller/transferor to the purchaser/transferee, the membership

fee/maintenance deposit. Maintenance charges already paid by the seller/transferor

being nonrefundable in any event.

C11.b.The owner of each Apartment may appoint in writing addressed to the

President/Secretary of the Association any person to represent him/her at the General

Body Meetings and such a person shall be known as member, provided the said

person does not represent more than one owner. However such a person shall not

become an office bearer unless he/she is a resident at CRYSTAL C BLOCK

STERLING LITTLE FLOWERS APARTMENTS OWNERS ASSOCIATION and is a

close relative of the Apartment Owner (Parent/ Spouse/Son/Daughter/Brother/

Sister/Son-in-law/ Sister-in-Law). The nomination once done may be changed by the

owner, if he/she so wishes.

C11.c. Each member shall have only one vote irrespective of the number of units he/she

holds. A member who is in default of payment of maintenance charges consecutively

for three months shall have no right to vote in any meeting.

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C11.d. Any members having a valid right to vote may appoint any person as his proxy. Such

appointment of PROXY shall be in writing addressed to the President/Secretary of the

Association. The proxy however, shall not enjoy any other privilege of a member of the

Association.

C12 COMMON AREAS & FACILITEIS

C12.A Common areas and facilities shall remain undivided and no apartment owner or any

other persons shall bring any action for partition or division of any part thereof unless

the property has been excluded for the provisions of this Act as provided in Section 14

or unless the property is subject to an action for partition under section 22, any

covenant to the contrary shall be null and void.

C12.B Each apartment owner may use the common areas an facilities in accordance with the

purpose for which they are intended without hindering or encroaching upon the lawful

right of the other apartment owners.

C.12c The necessary work of maintenance repair and replacement of common areas and

facilities and making of any additions or improvements thereto shall be carried out only

as provided in this Act and in the Bye-laws.

C.12d Common Surplus and expenses.

The common surplus shall be distributed among and the common expenses shall be

charged to the apartment owners proportionately according to the built up area of the

apartment owner or decided by the General Body from time to time.

C13. MAINTENANCE DEPOSIT

C13a. All owners of CRYSTAL C BLOCK STERLING LITTLE FLOWERS APARTMENTS/

consulting rooms shall be the members of the Association. A maintenance cost

deposit/membership fee of Rs.1500/- (Rupees One Thousand Five Hundred only) shall

be collected in advance per unit. The fund created by such membership fee shall form

the corpus fund of the Association and shall not be utilized for any routine expenditure

of the Association by the Managing Committee, However the Managing Committee can

take loans for periods not exceeding one year from the corpus fund to meet

emergencies subject to ratification by the General Body.

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C13.b. Any income on and out of this fund will form the part of this fund. Every member shall

be liable to pay the monthly maintenance charges on or before the 7th of each month

for the month as determined from time to time by the General Body. If any member is

in arrears of more than 3 months, maintenance charges or other charges, a fine to an

extent of one month’s maintenance charge for every three months arrears shall be

imposed while clearing the arrears.

C13.C.The liability of the monthly maintenance charges or fees or any other charge as fixed

by the General Body of the Association shall be the liability of the owners of the

apartments at all times.

C14. DUTIES AND POWERS OF THE PRESIDENT/VICE PRESIDENT

C14.a.The President or in his absence the Vice President, shall have General control over all

the affairs of the Association and shall be the person who will sue and be sued for and

on behalf of the Association. He/he shall oversee the day-to-day administration.

C14.b. He shall preside over the Managing Committee meetings as well as the General Body

meetings.

C14.c. In cases of emergency he shall convene special meetings of the Managing Committee

or General Body by notice which may be 15 days normally but shall not in any case be

less than 2 clear days. However in extra ordinary circumstances he may convene an

emergency meeting at his discretion with not less than 12 hours notice.

C14.d. All resolutions passed by the Managing Committee shall have the Approval of the

President who, shall sign in the Minutes Book of the Meeting held.

C.15. DUTIES AND POWERS OF THE SECRETARY

C15a. The Secretary shall be responsible for the executive administration of the Association

subject to the control of the Managing Committee.

C15.b.The Secretary shall have the power to appoint a person on temporary basis for a period

of not more than 89 days in consultation with the President or in his absence the Vice-

President, should circumstances necessitate such an appointment. The Secretary

shall also have the power to suspend or remove any employee of the Association for

disciplinary reasons, subject to the approval of the Managing Committee with in a

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period of one month. Dismissal of an employee who has been in the service of the

Association shall be the responsibility of the Managing Committee.

C15 c.The Secretary can take action against members who violate the rules and bye-laws of

the Association, with the approval of the committee.

C15.d. He shall have the power to convene the Managing Committee meeting once every

month by giving a week’s notice, or more often if required with the concurrence of the

President or in his absence, the Vice-President.

C15.e. A Minutes Book shall be maintained by the Secretary for recording the proceedings on

the Managing Committee and the General Body Meetings.

C15.f. The Secretary shall have power to regulate the use of common areas, including open

spaces, landing areas, staircases, terraces, etc, keeping in view the common good of

the members. He shall have powers to enter into the flat or any part thereof with

workmen and other to ensure the safety and security of the flat or its

members/residents and to review, examine or for the purpose of repairing anything that

may cause serious danger or damage for the flat or its in mates.

C15.g.He shall be responsible for carrying out the decisions taken at the Managing

Committee meetings.

C15.h. He shall have the power to incur unforeseen expenses upto Rs.1000/- at a time but not

exceeding Rs. 5000/- in a year, with the approval of the President or in his absence the

Vice President and such expenses shall be reported at the next meeting of the

Managing Committee.

C15.i. He shall ensure that all expenses incurred for the maintenance and other works relating

to the common areas shall be supported by a resolution passed by the Managing

Committee.

C15.j. He shall facilitate the Treasurer in maintaining the accounts.

C15.k. All amounts collected shall be remitted into a bank to be decided by the Managing

Committee and all expenditure and withdrawals exceeding Rs. 5000/- will be met only

by cheques which have to be jointly drawn by the Treasurer and Secretary or President

or in his absence the Vice President and the Treasurer.

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C15.l. The Secretary or Managing Committee, if required by the declaration or by the Bye-

laws or by a majority of the apartment owners, shall obtain insurance for the property

against loss or damage by fire, and such other hazards under such terms and for such

amounts as shall be required or requested.

C15.m.Such insurance coverage shall be written on the property in the name of the Secretary

or of the Managing Committee as trustee for each of the apartment owners in the

percentages established in the declaration.

C15.n. Premium shall be common expenses and provisions for such Insurance shall be

without prejudice to the right of each apartment owner to insure his own apartment for

his benefit.

C16. DUTIES AND POWERS OF THE TREASURER

C16.a.The treasurer shall have the custody of all the properties of the Association, including

the funds of the Association and shall be empowered to operate the bank account in

any scheduled bank account as decided by the Managing Committee and shall sign

the cheques jointly with the Secretary/President/Vice President in the absence of the

President for incurring expenditure relating the day-to-day working of the Association.

Every cheque is to be signed by two persons namely, Treasurer and Secretary or

President or in his absence the Vice-President.

C16.b. The treasurer shall maintain petty cash not exceeding Rs. 1000/-

C16.c.The Treasurer shall maintain proper account books signed by him which shall be

produced to the Managing Committee monthly and to the General Body every year and

he is responsible jointly with the Secretary for the proper maintenance of accounts of

the Association.

C16.d. The Treasurer shall be responsible for collecting the share of the common expenses in

the form of dues from the apartment owner and also any other money as authorized by

the General Body. In case of payment to the Treasurer either by cheque or cash the

receipt will be proof of payment.

C17. DUTIES AND POWERS OF THE MANAGING COMMITTEE

C17.a. The General Body shall elect the honorary office bearers consisting of President, Vice

President, Secretary, Joint Secretary and Treasurer and not more than 6 other

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committee members for its Managing Committee. The President, Vice-President,

Secretary, Joint Secretary and Treasurer are the office bearers of this Association and

are also members of the Managing Committee. Only members of the Association

become office bearers. The term of office of the Managing Committee shall be for a

period not exceeding one year. The quorum for holding a meeting of the Managing

Committee shall be 5 at least one of whom shall be an office bearer. The Management

Committee may nominate any senior most owners of CRYSTAL C BLOCK STERLING

LITTLE FLOWERS APARTMENTS as patron or patrons.

C17.b. An elected committee member may resign at any time by sending a letter or

resignation to the President but such resignation shall take effect only from the date on

which it is accepted by the committee.

C17.c. Should a committee member absent himself/herself from three Consecutive meetings

without leave of absence from the committee, he/she shall cease to be a member of

the same unless a majority of the remaining committee members decide otherwise.

The President shall have the right to appoint / nominate the vacancy arising in this

context.

C17.d. In case of any vacancy arising during the tenure of office, from amongst the office

bearers, the Managing Committee shall have the power to fill up such vacancy

amongst them. In case of any other vacancy in the Managing Committee, the vacancy

shall not be filled till the next General Body meeting.

C17.e. The Managing Committee or the Secretary has the right to invite any person/persons

for a Managing Committee meeting as special invitee without voting rights.

C17.f. The Managing Committee shall have the power to appoint security staff, lift operators

and other staff as required for the proper running of the Association, fix their terms and

conditions of service etc.

C17.g. The election to the Managing Committee will be held once in a year and members of

the Association who have completed the age of 18 will be eligible to stand for the

election. The elections would ordinarily be held on the second Saturday of April every

year or decided by the General Body. The Election Day may however, be fixed, for

any other public holiday in case of an extra ordinary situation, on the basis of a

resolution of the Managing Committee.

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C17.h.The Managing Committee shall be responsible for collection of monthly maintenance

charges etc., from the members, on the basis of rates/installments, decided and

approved by the General Body from time to time. All collections made by the

Managing Committee or by any member thereof shall be strictly on the basis of

resolutions passed thereof by the General Body. The Managing Committee shall have

the power to take action against defaulting members as provided in Clause G-13 (b).

C17.i. There shall be at least one meeting of the committee every month but interval between

two such meetings shall not exceed forty five days.

C17.j. The Association of Apartment Owners shall have the irrevocable right to be exercised

by the Secretary with the approval of the President to have such access to each

apartment in case of an emergency like fire, leakage of water, gas, burglary, etc, which

can cause damage to the apartment in question or any other part of the building

including common areas therein. However, the Secretary shall exercise this power

only in the presence of the maintenance officer/care-taker and two other members of

the Association. Immediately after the necessary repairs in the apartment are

completed, a written report of this should be submitted to the Managing Committee and

a copy of the same report shall be forwarded to the owner of the apartment either

directly or through his/her local Representative. Under no circumstances shall the

apartment be left upon under the care of the workers/maintenance officer/caretaker.

C18. MEMBERS

C18.a.The owner of an apartment who has completed 18 years of age shall be member of the

Association.

b..A close relative of the owner viz; spouse, son, son-in-law, daughter, daughter-in-law,

parent, father-in-law, mother-in-law, brother, brother-in-law, sister, sister-in-law of the

apartment owner, shall also become a member of the Association in the place of the

Owner with the latter’s power of Attorney. On authorization from the Owner a tenant

can also represent the owners in the affairs of the Association.

C18.c. A member shall have the right to vote at the General Body Meeting and shall have the

right to elect members of the Managing Committee on the principle of one vote per

member provided that the owner who has not cleared all his dues to the Association,

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before the 31st March of that year, shall not be entitled to vote at the General Body

Meeting.

C18.d. An owner is permitted to vote by proxy, where such proxy is given in favour of his/her

spouse/guardian/tenant residing in the apartment or any other persons provided in

clause C-11 (d) above, and provided that no other authorization has been given as

provided in sub-clause C-18 (b) above.

C18.e. A member shall not alter the plan or elevation of the building and premises. He shall

not fix any advertisement or hoardings or any other structure without the prior written

consent of the Association.

C18.f. A member shall not carry on any trade or business or do anything which may become

in any way a nuisance or danger to the owners of other apartment/premises of their

successors in title or to the occupiers or owner of any neighboring property on which

may depreciate the value of the other premises or of any other part thereof. The

Managing Committee shall be the final authority in these matters.

C18.g. A member shall give all necessary support, vertical, horizontal and lateral and

structural elements to the building, to the common walls of the premises, which shall

be maintained and repaired in common with the owners and occupiers of the other

premises.

C18.h. A member shall not acquire any right of light or air which may Prejudice the free use of

the other premises.

C18.i. A member shall bear all expenses in common with the other owners of the apartments.

Such expenses include salary of all staff, routine maintenance of pump sets, sanitary

and electrical lines common to all premises, replacement of switches and bulbs in

corridors and all other common areas, water charges for the use of water in his/her flat,

cleaning the common place, maintenance of the garden, electrical charges for all the

common areas, maintenance of generator sets, and elevators and cost of repairs to

the structural sanitary and electrical system, elevators and generator installed in the

premises, children play park, and other playing facilities provided for the residents at

“CRYSTAL C BLOCK STERLING LITTLE FLOWERS APARTMENT’.

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C18.j. A member shall bear all expenses in common with the other Owners incurred for

painting the outside of the apartments, stairway lobby, car parking area, office and

other common areas for which a decision is to be taken at the Annual General Body

Meeting (AGM).

C18.k. A member shall co-operate in keeping clean the common areas such as the front, rear

and side yards, foyer, stairways, open terrace, elevators, Basement area etc. and

ensure the safety of the building and premises.

C18.i. A member shall not throw debris or waste materials or garbage or any other items from

the balconies and windows into the open yards or the neighboring compounds.

C18.m. A member shall not utilize the services of the employees of the Association for his/her

personal work.

C18.n. A member shall not tamper with or damage the glass panes of the entrance door and

windows in the foyer and stairway, the staircase handrails, the landings and steps

while taking in and taking out articles.

C18.o. The elevators installed in the complex shall not be misused by any resident/apartment

owner, employee or visitors to the complex: The capacity of each elevator is

approximately 408 Kg / 6 adults. Elevators shall be used exclusively for the purpose

of conveying persons to and from the upper floors. However, in exceptional

circumstances and under the personal supervision of a resident and the

Caretaker/Maintenance Officer, the elevators may be used for the conveyance of

personal effects, provided the weight of the articles carried at a time does not exceed

350 kg, and no damage is caused to the structure of the elevator. If the elevator is

damaged while carrying goods to and from the upper floors, the entire cost of the

repairs including replacement of parts shall be borne by the resident concerned. This

provision notwithstanding, residents are advised in their own interest to desist from

using the elevators for the conveyance of heavy and bulky articles.

C18.p. A member shall use all sewers, drains/water courses and elevators installed in

common with the other flat owners and shall share the cost of repairing and

maintenance of the same.

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C18.q. A member who has not been provided car/scooter parking space shall not park any of

his/her vehicles in the car parking lots of other flat owners or in the drive ways. Such

members shall be permitted to park only in places designated for the purpose of

common parking.

C18.r. A member shall permit visitor’s vehicle to park inside the premises only at the places

ear-marked for the same.

C18.s. In case a member lets out his/her flat for rent he/she shall do this with the knowledge

of the Managing Committee and he/she shall include in the agreement with the tenants

the above and below clauses for the welfare of the occupants of the other flats.

C18.t. A member shall pay the monthly common expenses directly or through a nominee, to

the Owners’ Association even if the flat is rented out or kept locked up

C18.u. The Managing Committee shall have the right to refuse to permit use of the common

facilities/services to any member who has committed default in payment of common

maintenance charges. Such power shall be exercised by the Managing Committee

only after giving the defaulting members 15 days’ notice in writing regarding the said

default and the member concerned fails to pay the arrears claimed within the said

period of 15 days. The members shall not have any right to resist such action unless

he has paid the amount demanded and the payment is evidenced by official receipts.

C18.v. Compliance with covenants, bye-laws and administrative Provisions Each apartment

owner shall comply strictly with the bye-laws and with the administrative rules and

regulations adopted pursuant thereto, and with the covenants, conditions and

restrictions set forth in the declaration or in the deed to his apartment. Failure to

comply with any of the same shall be a ground for an action to recover sums due, for

damages or injective relief or both maintainable by the Secretary or Managing

Committee on behalf of the Association of Apartment owners or in a proper case, by an

aggrieved apartment owner.

C18.w. Certain works prohibited:

No apartment owner shall do any work which would:-

I. Jeopardize the soundness or safety of the property, or

II. Reduce the value of the property or

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III. Repair any easement or hereditament or

iv. Add any material structure to his apartment or excavate any additional basement or cellar

in the property.

C18.x. Wavier of use of common areas and facilities:

No apartment owner shall be entitled to exempt himself from the liability for his

contribution towards the common expenses by waiver of the use or enjoyment of any

of the common areas and facilities or by abandonment of his apartment.

C18.y. Charges on property for common expenses:

All sums assessed by the Association of Apartment Owners but unpaid for the share

of the common expenses chargeable to any apartment shall constitute a charge on

such apartment and shall have priority over all charges except only.

C18.i. Charge, if any on the apartment for payment of taxes due to the Government or a local

authority and

ii. All sums unpaid on a first mortgage of the apartment.

C18. z. Jointly and severally liable of the vendor for unpaid common expenses.

i. On the sale of an apartment, with prior intimation to the President of the Association,

the purchaser of the apartment shall be jointly and severally liable with the vendor for

all unpaid assessments against the vendor for his share of the common expenses up

to the time of the sale without prejudice to the purchaser’s right to recover from the

vendor the amount paid by the purchaser thereof.

ii. Any such purchaser shall be entitled to a statement from the Secretary or Managing

Committee setting forth the amount of the unpaid assessment against the vendor, and

such purchaser shall not be liable for, nor shall the apartment be sold, subject to a

charge for any unpaid share of the common expenses against such apartment accrued

prior to such sale in excess of the amount therein set forth.

iii. No member is authorized to sell or rent his/her garage to a person who is not a

resident.

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iv. A member shall register the names of their employees/drivers with the Secretary

and a pass may be issued to each employee for his/her entry into the premises.

v. A member shall not allow employees/staff to sleep or sit in the corridors, lobby and

common areas.

C19. GENERAL BODY MEETING

C19.a. All the members of the Association shall form part of the General Body. The

Committee shall hold General Body Meetings at least once every year in the month of

April.

C19.b. The quorum of the General Body Meeting shall be 18 members. If the quorum is not

attained, the meeting shall be held after one week at the same time, at the same place

with the members present, and their majority decision shall be binding to all.

C19..c. The General Body Meeting shall be held at any place as the Managing Committee

may decide from time to time. Twenty one days’ clear notice shall be given to the

members before a General Body Meeting is convened.

C19.d. An extra ordinary General Body Meeting shall be called by the President or Secretary

provided 15 members give notice in writing to President/Secretary for an Extra-

Ordinary General Body Meeting giving reasons for calling such a meeting. It will be

mandatory for the President or the Secretary and in their absence for any member of

the Committee to call for an extra- ordinary General Body Meeting within 30 days from

the date of receipt of such notice. A 21 days notice should be given to members

before calling such meeting.

C19.e. The President shall preside at the General Body Meeting. In the absence of the

President and Vice President the members present, may choose a chairman from

among themselves to preside over the meeting. Every issue can be decided

unanimously or by voting among members present and proxies. At the General Body

Meeting, the voting power of each member and proxy shall be as per clause 11.

Voting in the General Body Meeting is by show of hands and if desired, by secret

ballot. The ultimate authority in all matters relating to the administration shall vest in the

general body. The Managing Committee shall not have any power to deal with items

mentioned above in clause 19.

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C20. THE FOLLOWING MATTERS SHALL BE DECIDED BY THE GENERAL BODY BY A

RULE OF 2/3RD MAJORITY OF THE MEMBERS PRESENT AND SUCH DECISION

SHALL BE IMPLEMENTED BY THE MANAGING COMMITTEE.

C20 a. Passing of Accounts and Balance sheets.

C20.b. Election and removal of members of the Managing Committee.

C20.c. The amendment and repeal of the rules, bye-laws and membership of the Association.

C20.d. Disciplinary action to be taken against any member who violates the rules and by-laws

of the Association or act in any way against the interests of the Association.

C20 e. Refixation of the monthly maintenance or any other charges etc, for each apartment.

C20 f. Legal action, suits etc. if considered necessary.

C20.g. A notice from a member supported by 15 members, that a particular matter should be

referred to the General Body for a decision.

THE MANAGING COMMITTEE SHALL BE RESPONSIBLE FOR CONDUCTING

THE DAY-TO-DAY AFFAIRS OF THE ASSOCIATION.

C22. ACTION

C22.a. Without limiting the rights of any apartment owner, action may be brought by the

Secretary or Managing Committee in either case at the discretion of the Managing

Committee, on behalf of two or more of the apartment owners as their respective

interest may appear, with respect to any clause or action relating to the common areas

and the facilities or more than one apartment.

C22.b. Service of process on two or more apartment owners in any action relating to the

common areas and facilities or more than one apartment may be made on the person

designated in the declaration to receive service of process.

C.23. ACT TO BE BINDING ON APARTMENT OWNERS, TENANTS ETC.

C23.a. All apartment owners, tenants of such owners, employees of such owners or tenants,

or any other person who may in any manner use any property or any part thereof

submitted to the provisions of this act shall be subjected to this act to the declaration

and the Bye-laws of the Association of apartment owners adopted pursuant to the

Provisions of this Act.

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C23.b. All agreements, decisions and determination lawfully made by the Association of

Apartment Owners in accordance with the voting percentages established under this

Act, the declaration or the Bye-laws, shall be deemed to be binding on all apartment

owners.

C24. REPORTS AND RETURNS

The Secretary shall be responsible for rendering all reports and returns to the

authorities either annually or as called from time to time by the committee members.

C25. ASSETS AND FUNDS

C25.a. Membership fees constituting the maintenance deposit transferred by the Promoters.

C25.b. Monthly maintenance charges collected from the members.

C25.c. Any sum or asset as may be contributed, donated, and bequeathed by any person or

persons, firm or company by State or General Government or other authorities to the

Association or any other Association.

C25.d. All interest or other income arising out of the said funds.

C25.e. All assets that may be purchased or acquired from or out of the said funds and assets.

C25..f. All investment and realization thereof from or out of the said funds and assets.

C25.g.. All funds and assets which have by any means become the property of the

Association.

C26. AUDIT OF ACCOUNTS

Each year the General Body shall appoint a qualified Auditor to have the accounts

submitted after the due audit. It shall be the committee’s responsibility to fix the audit

fees for a qualified auditor. The annual accounts for the financial year shall be

submitted for approval at the General Body meeting to be held in April. The annual

accounts for the year in which elections are held to the Managing Committee shall be

submitted to the General Body before the elections for approval. Expenditure to be

incurred between said date and the date of handling charges of the amounts

authorized by the General Body on that day. The outgoing committees shall hand over

charge to the new committee on the Ist day of May following the election. The financial

year of the Association shall be from Ist of April to 31st March of the subsequent year.

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C27. DISSOLUTION

The dissolution of the Association shall be decided by the General Body the rule of

3/4th majority of the total strength of the members of the Association having valid voting

rights. Upon the dissolution of the Association out of the remains, after satisfaction of

all its debts and liabilities and property and assets whatsoever left, the same shall not

be paid to or distributed among the members of the Association or any of them but

shall be given to the next Association with similar objects with a view to the common

benefit of existing members exclusively, for their welfare, and determined by votes of

not less than 2/3rd of the members present personally or by proxy at the meeting of

dissolution or in default thereof by the court or Government.

C28. AMENDMENT TO BYE-LAWS

The General Body may from time to time, shall amend or alter the objects of

memorandum or the by-laws or the name of the Association, if it is passed by 2/3rd of

the members, present in the meeting.

C29. EXHIBITION OF BOOKS

The by-laws, register of membership, accounts, minutes book are to be placed

prominently in the office during all working hours of the Association, for inspection by

the members, free of cost.

C30. COPIES OF BYE-LAWS

Additional copies of bye-laws will be supplied to members on payment. The above are

the rules and bye-laws of CRYSTAL C BLOCK STERLING LITTLE FLOWERS

APARTMENTS OWNERS ASSOCIATION They shall be subject to all the clauses of

the Tamil Nadu Apartment Ownership Act 1994 .

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