Beruflich Dokumente
Kultur Dokumente
OF
KEERTHI RICHMOND VILLAS
O W N E R S W E L FA R E
ASSOCIATION
REGD NO:
REGD DATE
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KEERTHI RICHMOND VILLAS OWNERS WELFARE
ASSOCIATION
(BYE-LAWS)
PREAMBLE
With a view to CREATE, ESTABLISH, PROMOTE AND SUSTAIN a viable and
harmonious community that is mutually helpful in perpetuity and coordinates with one
and all, the KEERTHI RICHMOND VILLAS OWNERS WELFARE ASSOCIATION
being guided by a set of shared values to which all its Members stand committed, and
that such values expressed as the guiding principles of the community form the basis for
the byelaws, rules, and operating guidelines of KEERTHI RICHMOND VILLAS
OWNERS WELFARE ASSOCIATION.
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TABLE OF CONTENTS
1. NAME .................................................................................................................................5
2. ADDRESS ...........................................................................................................................5
3. APPLICABILITY ...............................................................................................................5
4. DEFINITIONS ..................................................................................................................6
5. DECLARATIONS ..............................................................................................................8
6. AIMS AND OBJECTIVES OF THE ASSOCIATION .....................................................9
7. MEMBERSHIP ................................................................................................................ 10
8. RIGHTS, DUTIES, AND PRIVILEGES OF THE MEMBERS, IN TERSE ............... 10
9. EXTERNAL MODIFICATION ...................................................................................... 12
10. MONETARY OBLIGATIONS OF MEMBERS ............................................................ 13
11. FUNDS & IMPREST ....................................................................................................... 13
12. FUNDS FOR MAINTENANCE ..................................................................................... 13
13. USE OF CORPUS FUNDS AND ACCUMULATED INTEREST ................................ 14
14. TRANFER OF OWNERSHIP ........................................................................................ 15
15. DISCIPLINE & PENALTY ............................................................................................ 15
16. GRIEVANCES ................................................................................................................. 16
17. ARBITRATION FOR DUES .......................................................................................... 16
18. ROLES, POWERS, &DUTIES OF BODIES .................................................................. 17
19. FINANCIAL YEAR AND ACCOUNTING.................................................................... 21
20. PURCHASE POWERS .................................................................................................... 21
21. AUDIT .............................................................................................................................. 21
22. MEETINGS ...................................................................................................................... 22
23. VOTING & QUORUM .................................................................................................... 24
24. RESOLUTIONS............................................................................................................... 24
25. ELECTIONS .................................................................................................................... 25
26. WINDING UP .................................................................................................................. 26
27. ANNEXURES .................................................................................................................. 27
Annexure 1: Purchasing Powers and Limits to Authority ....................................................... 28
Annexure 2: Election Manual, KEERTHI RICHMOND VILLAS OWNERS WELFARE
ASSOCIATION ........................................................................................................................ 30
Annexure 3 – Purchase & Payments Manual TBD.................................................................. 37
Annexure 4 - Jurisdiction Map of Keerthi Richmond Villas Phase 1 & 2 ................................ 38
Annexure 5 – Hand Book of Rules & Regulations .................................................................. 39
Annexure 6 – Occupancy Certificates ...................................................................................... 49
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THE BYE LAWS CONTAINING THE RULES & REGULATIONS
OF
1. NAME
2. ADDRESS
Keerthi Richmond Villas Phase 1 & 2 is a residential township located at survey no 114,
114/AA, 115, 115/EE, 116, 116/EE, 117, 117/AA, 118, 118/E, 119, 119/E and 121,
121/AA of Hyderguda village, Rajendra Nagar Mandal, RR District, Telangana
occupying around 24 acres consists of 190 Independent Villas as in occupancy
certificates issued by GHMC (Annexure 6), having several common facilities as
referenced in Annexure 4. This includes 156 villas of Phase 1 (1-87, 89-108, 110-158),
and 34 Villas of Phase 2 (1 – 34).
3. APPLICABILITY
These bye-laws shall be called the bye-laws of the KEERTHI RICHMOND VILLAS
OWNERS WELFARE ASSOCIATION (KRVOWA).
Some of the contents of the Bye laws which are general in nature but have to be complied
by all on entering the KRVOWA premises have been dwelt within the Hand Book. It is
advisable for all residents to refer to the Bye Laws in case a clarification is needed
a) All the Owners, Corporate Members, Residents, Guests and staff of Keerthi
Richmond Villas Phase-I & II
c) Any other person entering the Keerthi Richmond Villas Phase 1 & 2, OR, those
using the facilities within Keerthi Richmond Villas Phase 1 & 2 in any manner,
including but not limited to vendors, contractors, and service providers.
2) The mere act of acquisition of a villa or tenancy or taking on license or any other act
amounting to occupancy of any property or Villa(s) in the Keerthi Richmond Villas
Phase 1 & 2 shall bind the person to the bye-laws and that it shall be construed that
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the person has read and understood and accepted to abide by the bye-laws, as in force
or with any amendments thereof, from time-to-time.
4. DEFINITIONS
In these bye-laws, unless otherwise specified or contrary to the context, the following
words and phrases shall have the meaning described herein:
“Keerthi Richmond Villas Phase 1 & 2" shall mean the entire Keerthi Richmond Villas
Phase 1 & 2 complex within its compound wall and the entrance road, including the Part of
Survey Nos. 114, 114/AA, 115, 115/EE, 116, 116/EE, 117, 117/AA, 118, 118/E, 119, 119/E and
121, 121/AA situated in Hyderguda Village, Rajendranagar Mandal, Ranga Reddy district of
Telangana State . The list of areas and assets currently under the jurisdiction of the Association
is delineated in Annexure 4. This includes 156 villas of Phase 1 (1-87, 89-108, 110-158),
and 34 Villas of Phase 2 (1 – 34).
2) “Member” shall mean any person in whose name the villa within Keerthi Richmond
Villas Phase 1 & 2 has been registered or has been allotted through the Joint
Development Agreement between landowners(s) and Builder (Keerthi Estates Private
Limited).
4) “Community” shall mean all residents of Richmond Villas I & II who are Members
or Residents.
5) “Committee Member” shall mean the duly elected Member who becomes part of the
Executive Committee for the time period entrusted to manage the Association as per
the provisions of these bye-laws, as defined in 4-15 below
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8) "Common Areas" and " Common Facilities", unless otherwise provided in the
declaration or lawful amendments thereto, shall mean all the areas which are not in
the exclusive possession and usage of any Member and shall, inter alia , include the
following
a) Common Areas: The land on which roads are built, compound walls, Children
Park, Transformer yards, walk ways, foot paths, Amphitheatre, Play grounds,
Fountains etc. This is as per in Annexure 4
b) Common Facilities: The common facilities would include Club House, water
treatment & filtration plants (WTP, STP), administrative offices, provision stores,
security office, maintenance stores, pump sets, sprinkler system, generator sets for
emergency supply of electricity to residential complex as well as street lights,
roads, street lights fixtures and bulbs, children parks along with the play
equipment in the park, underground water & sewage lines, cable TV & telephone
lines, common electricity meters, Internet/fiber optic conduits, CCTVs, and any
other facilities that may be added, from time to time.
9) “Handbook” shall mean the booklet edited and circulated by “Executive Committee”
from time to time which provides amongst other the rules of the Association and also
other relevant information, guidelines, details etc.,
10) "Financial Year" shall mean the year commencing on April 1st, and ending on
March 31st of the succeeding calendar year.
11) The singular shall include the plural, and the masculine shall include the feminine.
13) “Amendment to Bye Laws” shall mean amendment duly approved by the General
Body with such majority as applicable herein.
14) "Executive Committee” or "EC" shall mean the Executive Committee of the
KRVOWA formed in accordance with the provisions herein.
15) “Owner” shall mean any individual who owns a Villa in Richmond Villas Phase I &
II by virtue of purchasing it through a registered sale deed or allotted vide the joint
development agreement between the Landlords and the Builder (M/s Keerthi estates
private Limited).
16) Terms and words not defined herein shall have the meanings attributed to such words
by the Andhra Pradesh Societies Registration Act or the General Clauses Act or other
related Statutes, Telangana Societies Registration Act, etc. as are made applicable.
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5. DECLARATIONS
We, the undersigned persons in the Bye Laws of the Association, have formed into an
Association and as Executive Committee of the Association are jointly and severally
responsible to conduct the affairs of the Association and desirous of getting the
Association registered under Societies Registration Act, 1860 as adopted vide The
Andhra Pradesh Societies Registration Act, 2001 (Act No. 39 of 2001) as applicable and
amended/modified from time to time for the Telangana State on this 31st day of March
2018 at Hyderabad.
2 Challaveera Satheesh
Vice President
Kumar Reddy
3 Alok Kumar Shrivastava
General Secretary
5 Mohammed Athaulla
Treasurer
Ebrahim
6 Ananthanarayanan Committee Member
Krishnamoorthy
7 Debashish Kumar Committee Member
Ganguly
8 P Raghuram Committee Member
11 Tanvir Fatima
Committee Member
# Witness Signature
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6. AIMS AND OBJECTIVES OF THE ASSOCIATION
1) To facilitate and manage the affairs of the Villas in KRVOWA (hereinafter called
“Association”) and for looking after the common/general amenities of the villas as
per Annexure 4, registered public Association by name “KEERTHI RICHMOND
VILLAS OWNERS WELFARE ASSOCIATION (KRVOWA) as stated formed
under the Telangana Societies Registration Act 2001/2014.
2) To promote close co-operation between Members, render all possible advice and
guidance to Members relating to Ownership and recreation and to provide such
amenities and facilities to Members from time to time as the Association may deem
fit.
3) To protect the collective interest of the registered members of the Society including
interest in the common areas.
5) To perform such other legal and lawful act that may be necessary for the members of
the Association.
6) To work for the wellbeing and safety of the members of the society who are the
residential villa owners in the State of Telangana or from any part of India.
7) To project, protect and pursue all matters in the collective interest of members with
the society and also in providing the parking facilities and all common facilities by
the developer or builder to the members.
8) To represent as a body of the common interest of all the members who are owners of
the residential apartments before any forum or forums or court.
9) To do all acts, matters and things as are incidental or conductive to the attainment of
the above aims and objects, or any one or more of them.
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7. MEMBERSHIP
1) An Owner, specifically the first named Owner in the sale deed, of a Villa in Keerthi
Richmond Villas Phase 1 & 2, shall automatically become Member of KEERTHI
RICHMOND VILLAS OWNERS WELFARE ASSOCIATION and shall be bound
by these bye laws / rules / regulations adopted in General Body meeting.
2) Upon any member selling his/her Villa or absolutely conveying the same by way of
gift, under will or otherwise, the transferee shall automatically become a Member of
the Association.
3) On the death of the Member, upon subsequent transfer to the person or persons to
whom he/she bequeaths the same by will or to the legal representatives of his/her
estate, one among such persons(s) shall become the Member of the Association,
which will be communicated in writing with all their signatures.
4) Where a villa has been purchased by two or more persons jointly, the first name
appearing in the sale deed or any deed of transfer shall be considered as the Member
by default.
5) A Corporate Member may represent itself through any person authorized on their
behalf by passing a valid resolution at a board meeting of the company. The said
resolution along with the details of such representative shall be delivered by the
company to the EC. Thereupon such representative shall act on behalf of the company
as a representative in the meetings of the Association and shall vote at the meetings
representing the company. However, such Corporate Member shall not have a right to
contest in the elections.
7) The number of Members of the Association shall be limited to the number of villas
constructed in the said Layout
1) All Members have a right to Honest, fair, and respectful treatment by Association, its
office bearers and other Members in public forums including social media.
2) All Members have a right to live in a community where the property is maintained
according to established standards.
3) All Members have the right to attend general body meetings, and contest for office
through elections.
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5) All Members have the right to fair treatment regarding financial and other association
obligations, including the right to opportunity to discuss payment plans and options
before the association takes any punitive action
6) All Members are entitlement to receive a copy of the registered Bye-laws of the
Association.
7) All Members have the right to inspect books, registers, documents, etc., maintained
by the Association during office hours by giving 24-hour notice.
8) All villas shall be utilized for residential purpose only. Even corporate Members shall
use the villa for residential purposes only and shall not carry out any activity of
commercial nature within the premises.
9) Every Member, present or future, his/her representative, and every tenant or resident
of the Keerthi Richmond Villas Phase 1 & 2 shall abide by the terms of the agreement
of sale entered into by the Members with the Builder.
10) The elevation of any villa must not be materially altered. The villa must look similar
to other villas in the community in appearance and color. Every Member must
perform promptly, all maintenance and repair work within his/her own unit, which if
omitted would visually impair the Villa. Process to be published in Handbook.
11) All the repairs of internal installations of the unit such as water, light, gas, power,
sewage, telephone, air conditioners, sanitary installation doors, windows, lamps and
all other accessories belonging to the unit area shall be at the expenses and
responsibility of the Member concerned.
12) A Member shall restore any common area and facility damaged due to his/her fault.
13) No person shall disturb the peace, green, and clean of the location through any form
of activity.
14) No person shall commit nuisance in park, garden, parking place, open space or
playground
15) No person shall, without the written permission of the Association, damage any
appurtenance belonging to the common facilities, areas, and assets of the Association
16) All common areas, e.g. park, garden, parking place, open space or playground, vested
in the Association must remain open to the Members of the Association during such
hours as may be fixed by the Association from time to time and which shall be
notified on a notice board in some conspicuous part of the entrance of such Central
park, Lawn, Parking place, Open space, Club House and play ground:
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a) Provided that when any function or ceremony is held with the written permission
of the Association, in Central park, Lawn, parking place, open space, island
and/or playground, such place may be closed to Member/s and during such times,
the community roads may be used for parking of vehicles and other Members
shall co-operate and bear with any inconvenience so caused and shall not object
or dispute the same and in all such exigencies and such other times, as may be
specified by the Association, the Association shall have the exclusive rights over
the common roads and areas within the community.
17) The use of all Association facilities should be in accordance with the rules set forth in
the Handbook
19) It is mandatory for all Members to strictly follow water conservation. Association is
authorized to insist on mandatory compliance, and empowered to carry out the same
in the villa at the cost of Member if such provision is violated by the Member.
Association is empowered to lay penalties and take disciplinary action as decided by
the Association on the faulted Members.
20) Members shall ensure the Distribution boxes (DB boxes) with the devices are
maintained and properly guarded. Critical communication network equipment’s, UPS
and power meter are inside this box. Most of these devices are beyond standard
warranty and may need a replacement in case of failure and such expenses are to be
borne by the Members. It is recommended to lock/shut the DB boxes at all times.
21) The Members shall inform the Secretary in writing when they sell or let out a villa
along with addresses of the purchasers or tenants as the case may be. The Member
shall obtain a No Dues Certificate (NDC) from the Association before effecting rent/
sale of a villa. The NDC will be issued only after all dues to the Association are
settled.
22) All Members are encouraged to attend the GBM without fail.
9. EXTERNAL MODIFICATION
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10. MONETARY OBLIGATIONS OF MEMBERS
2) Every Member shall be liable to pay any other usage based charges such as electrical
charges including DG set power, water charges, and special corpus fund requirement
if any, and other amounts as decided by the Association and approved by the General
Body meetings from time to time, for to maintain welfare measures and upkeep of the
community, including any penalties and all applicable taxes.
3) At the time of primary purchase of the villa, every Member shall contribute such
amounts to the Corpus Fund as specified in their Sale Deed
1) FUNDS
a) The funds of the Association are deposited in scheduled Banks as decided by the
General Body in small fixed denominations considering insurance cover, as
feasible
b) The Accounts are operated by the following three Office Bearers i.e. Treasurer
and President, or Treasurer and Secretary, any two at a time
2) IMPREST
a) The Treasurer shall maintain such amount of Imprest, not more than Rs. 50,000/-
at any point of time as may be fixed by the Association for attending to day-to-
day activities.
b) The amount spent may be reimbursed by the Association, on submission of the
supporting evidence of the amounts expended.
Maintenance of the common areas / facilities / amenities, shall be funded by the quarterly
maintenance charge collected from each Member/Resident as defined under Membership
for this purpose.
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1) Monthly maintenance amounts (payable Quarterly in advance) collected from the
residents is the primary source of income for funding the ongoing maintenance of
Community.
2) The annual budget for maintenance of the Keerthi Richmond Villas Phase 1 & 2 will
be proposed by the executive committee and approved by the general body by a
simple majority vote.
3) Maintenance charges can be revised only once a year, at the time of the budgets.
1) Corpus Fund which has been created for the purpose of effecting replacement of
capital equipment’s etc., this contribution which has been made by the Members who
initially purchased the villa and the subsequent transfer of the Villa and Membership
shall not obligate the new Member/s to pay this special contribution. The earlier
contribution made by the original purchaser shall be held against the name of the new
Member subject to Ownership transfer fee.
2) The corpus fund shall belong to the Association and shall not be refunded to any
outgoing Member or a Member who is removed or otherwise ceased to be a Member
of the Association.
3) The interest accumulated on the Corpus fund can be used only for major expenses
such as significant upgrades or replacements.
5) The use of interest on Corpus fund to perform any other activity other than the
upgrades or replacements of common areas/amenities is prohibited.
6) Under no circumstances shall the Corpus fund be utilized for any other purpose
whatsoever, except through a special resolution. The fixed deposit of the Corpus
fund can be broken only upon the dissolution of the Association and the maturity
amount be disbursed back to the then existing Members in the same proportion as the
original contribution at the time of constitution of the Corpus fund.
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7) If the Corpus interest dips to a lower than expected level, the Association shall raise
funds required from Member contributions after obtaining approval from General
Body Funds collected on behalf of the association must be spent appropriately
towards the aims of the Association
8) The funds (and assets) of the association shall be spent only towards the
accomplishment of the aims and objectives of the Association. They shall not be used
for the purpose of felicitations, receptions, advertisements, sponsorships, event
promotions etc.
10) The Association may raise separate funds for any special and out of the routine
business activities like Legal actions, Lobbying fees, any additional amenity
provisions such as Municipal water connections etc. The use of Corpus fund or
interest on the Corpus fund for the above is not allowed.
11) The Executive Committee of the Association shall, after due consideration and
approval of the General Body, choose to add the unutilized surplus of Maintenance
Charges or Interest on the Corpus fund, to the Corpus fund.
1) No Transfer fee shall be collected upon to sale of a villa. However, the owner will
have to obtain a No Dues Certificate (NDC) from the association prior to sale.
1) The Members are bound by the existing rules concerning discipline as amended from
time to time.
2) The Members shall promptly pay maintenance charges and such other amounts
payable to the Association, Failure to comply with the above within 30 days from the
due date shall result in disciplinary action such as denial of services provided
exclusively by the association, entry to club house facilities, lawns, parks, etc. In
addition, the Member shall become ineligible to contest and vote in future elections
till all outstanding dues are settled in full. A reconnection/readmission charge, at
applicable rate, shall be levied to restore the disconnected services.
3) All maintenance charges shall be due on the first day of the quarter, with a grace
period of 7 days. With effect from the due date of non-payment of maintenance or
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utility bills, the outstanding amount due and payable shall attract interest @ 24% per
annum till the outstanding dues are fully settled.
4) The Member causing any loss to property shall be responsible to indemnify and make
good all losses suffered at replacement value. Any such amount becoming due and
payable shall be treated as arrears of maintenance, and shall attract interest and penal
clauses made applicable for default in payment of maintenance.
5) The residents shall adhere to the duties as detailed in section 7 & 8 of the Bye-laws
and in case of any default or breach, suitable disciplinary action shall be taken by the
Executive Committee from time to time and its decision shall be binding to the
Members. In case the Member feels that the judgment is not acceptable to him, an
appeal may be made to a 3 Member Arbitration panel chosen from within the
Community. The verdict passed by the Arbitration panel shall be FINAL and binding
on the parties.
6) Where any act of commission or omission ought to have been carried out by any
Member and not carried out within a reasonable period despite intimation from EC,
the EC reserves the right to take necessary corrective steps, and shall charge and
collect the expenses so incurred from the said Member.
16. GRIEVANCES
1) Any Member who has a grievance/problem with respect to the facilities or any other
matter can represent in writing to the Secretary who shall try to solve the grievance/
problem directly or in consultation with the Executive Committee.
1) In case of disputes amongst the Members of the Association or dispute between the
Association and Member in respect of dues only, the Member(s) can approach the
President individually or collectively for redressal. The Secretary, in consultation
with the Executive Committee may resolve the disputes to the mutual satisfaction of
the Members.
2) In case, where the dispute is of such proportion or implication, the Association may
appoint a Three Person Arbitration Committee who will go into the details and gives
his/her verdict. His/her decision is FINAL and binding on the parties. The provisions
of Arbitration and Conciliation Act shall apply to the arbitration proceedings.
3) The place of arbitrations hall shall be the club house, or as set by the Association
5) The court having territorial jurisdiction over Keerthi Richmond Villas Phase 1 & 2
alone shall have territorial jurisdiction
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18. ROLES, POWERS, &DUTIES OF BODIES
a) The Executive Committee (EC) consists of Elected Members and when applicable
co-opted Members. The Executive Committee Members are voluntarily doing
services to the association and they are not liable for any damages during their
course of services offered.
b) Decisions are taken by simple majority of the Members present.
c) Executive Committee may appoint sub-committee for specific Purposes.
d) The EC can invite at its discretion any Member/ person ( honorary/payable basis)
for an expert advice if required and on need based for a specific and mutually
agreed time period, when discussed matters, where an expert opinion is
considered necessary. EC can invite them for the committee meetings during the
tenure; however such advisers / experts shall not have any voting rights in any of
the EC meetings, neither is the EC obligated to follow such advice.
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e) Executive Committee oversees day to day functioning of the community
administration and management.
f) The EC may take decisions on urgent Policy Matters to be ratified by the General
Body in the immediately next GBM; where the General Body is silent or has not
ratified such policy, the policy matter shall stand cancelled from the date of such
GBM. It is clarified that a Policy Matter is any such matter which does not
include day to day administration of the Association.
g) The EC can appoint staff with such terms and conditions as may be applicable,
enter into agreement with all service providers, fix their remuneration, and
execute all such documents with the common seal of the Association, with
complete transparency.
h) The EC can sanctions expenditure in emergencies, within the limits stipulated in
the Bye-Laws, subject to the ratification of the General Body later.
i) Approves financial transactions and correspondence made by Office Bearers.
j) Admits Members and takes Disciplinary action on defaulting Members.
k) Planning, investment, and implementation of the Annual Budget
l) Reviews Receipts and Expenditure Statement every month.
m) Appoints arbitrators to settle the disputes within Members, from within the
community
n) Administers the Association Rules and Regulations as per the Bye-laws
o) Pays for preliminary expenses incurred in the promotion and registration of the
Association
p) Entering into contracts on behalf of the Association set terms thereof and to
authorize an officer to execute all deeds, agreements etc., and to issue receipts in
connection with the business of the Association.
q) Establishing and collecting dues including imposing and collecting penalty on
defaulting Members of the Association.
r) Undertake welfare and development activities of the Association such as Tree
plantation, laying of roads, arranging for good illumination, good transport,
efficient security of the Association, etc.
s) To run the Association purely as a Non-commercial and non-political
organization.
t) Fulfill all fiduciary and statutory requirements of the Association.
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d) Any Committee Member, with a potential or actual conflict of interest,
i) Must disclose that fact in writing to the Committee President as soon as the
potential conflict is discovered, and to the extent possible, before the agenda
for a meeting involving the matter at issue is prepared.
ii) If it should be determined during a meeting that a conflict of interest exists,
the Committee Member must verbally declare such Conflict of interest and
such declaration must be clearly noted in the Minutes and such Committee
Member must excuse him/her from the remainder of the discussion and the
voting.
e) A Committee Member who has breached the Conflict of Interest guidelines will
be required to relinquish his post upon such breach being established and ratified
by a majority of the Executive Committee.
5) Office Bearers
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vi) He/she shall authorize payments of bills, reimbursement of expenditure,
which will be paid/reimbursed by the Treasurer.
vii) He/she shall issue orders for appointment/removal of the staff, supply of
material, for work etc. after obtaining the competent authorities approval.
viii) He/she shall not be personally liable for any of his actions done in good
faith on behalf of the Association in compliance with the Bye-laws of the
Association.
ix) In the absence of the General Secretary, the Joint General Secretary will
discharge the duties of the General Secretary as the pro-term General
Secretary.
x) He/she shall submit the Action Taken Report to the Executive Committee
with respect to the resolutions taken in the previous Executive Committee
meeting.
xi) Association may sue or be sued and will be represented by the general
secretary in all such matters.
a) General Body: All General Body Members continue to remain so, as long as their
subscription is up-to-date and unless removed.
b) Executive Committee: The term of office of Executive Committee Members is for
a period of (2) two years from the date they assume charge or up to the date of the
taking over charge by the new Executive Committee whichever is later.
c) Every Member of the EC may contest and be elected only for two consecutive
terms, i.e., any EC Member shall not be in EC holding any post for a period
exceeding 4 years continuously. However, such Member who has completed two
consecutive terms shall become eligible for contesting after a break of one term.
This applies to all the eleven Members in the EC irrespective of the posts held.
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d) In case of any contingencies for the post of any office bearer or Executive
Member, the existing EC Member shall continue to function in the EC for 1 more
term till further election is held.
3) The Audited financial statements shall be circulated well in advance before the AGM
and its kept to open during the General body meetings along with books of accounts,
minutes of the meetings, contracts, MOU's if any.
21. AUDIT
1) Internal Audit:
a) The accounts shall be regularly audited by an internal Auditor approved by the
General Body.
b) The Executive Committee shall appoint a Qualified Internal Auditor who may be
a Member, who will provide periodic Reports to the Executive Committee and
report to the General Body at its Special or Annual General Body Meeting. The
Internal Auditor shall not be a Member of the Executive Committee.
c) Regular Books of Account, consisting of Cash Book, Bank Book, Ledger,
Member Contributions’ Register and such other books along with evidence in
relation to receipts and payments, as are necessary, shall be maintained by the EC
and shall be kept at the EC office and shall be preserved for such number of years,
not less than 6 years from the year of transactions; Such books shall kept ready
for the inspection by any authority or by the Members as may be allowed by the
EC.
d) Power of the Auditor: The Auditor shall be entitled to call for the examination of
any papers of documents belonging to the Association. The Internal Auditor shall
work as an overseer of the financial operation and account Maintenance, as well
as implementation of the General Body and Executive Committee resolutions and
report only to the General Body.
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2) External Audit/Statutory Audit:
a) The Association shall appoint in its General Body an independent Chartered
Accountant, who, is not an Member in Keerthi Richmond Villas Phase 1 & 2, as
an Auditor who shall audit the accounts of the Association to be prepared by the
Executive Committee as here-in-before provided and shall examine the Annual
Return and verify the same with the accounts relating thereto and Shall either sign
the same as found by him to be correct, duly vouched and in Accordance with
law, and specially report to the Association in what respect He finds incorrect, not
vouched or not in accordance with the law.
22. MEETINGS
1) The EC shall convene a General Body meeting within thirty days of receipt of a
requisition for convening a meeting signed by at-least one third of the Members of the
Association or as provided in the bye-laws and any such requisition shall contain the
proposed agenda and the reasons for such meeting.
2) The EC shall record in the minute’s book, the minutes of all proceedings of every
General Body meeting and also every meeting of its Committee.
3) Such minutes shall be communicated to all the Members invited for the meeting
within three days (72 hours) of the conclusion of the meeting.
4) The minutes so recorded shall be signed by the persons who chaired the said meeting.
7) Special Meetings
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a) A Special General Body Meeting may be convened as per the need or on the
requisition of the General Body to consider decision making on important policy
matters of the Association.
b) A special meeting may be held on the request of at least 2/3rd (two-thirds) of the
Members who shall state in writing the business for which they wish the meeting
to be convene
c) Shall be convened within fifteen (15) days of receipt of the requisition. No other
business shall be transacted at a Special Meeting except as stated in the Notice.
8) Notice of the Meetings: The Secretary shall mail or send to each Member a Notice of
each Annual or Special Meeting to the address furnished by the Member and as
recorded in the Register of Members, stating the purpose thereof and the time and
place of the Meeting, fifteen days (15) days prior to the meeting.
9) Place of Meeting: The General Body Meeting shall be held at the registered office of
the Association or at such other place within the Association premises as the
Executive Committee may decide.
10) Chairman of the Meeting: The President, or in his absence the Vice President, shall
preside at the Annual General body Meeting, EOGM and any Special Meeting. In the
absence of both, the Members present may elect a Chairman among themselves to
preside over the Meeting.
12) Disqualification: A Member shall not be entitled to vote in any General Body
meeting if the Member is in default in respect of payment of maintenance and other
charges due to the Association or in violation of any rights and duties as stated in the
Section “Rights, Duties and Privileges of Members”.
13) Adjourned Meetings: If any Annual meeting cannot be held for want of the prescribed
quorum, the Members who are present may adjourn the Meeting to be held at the
same place and not less than 30 minutes from the time at which the original Meeting
was called.
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23. VOTING & QUORUM
c) In the General Body Meeting for the decisions on Normal Resolutions (as per
section 24), the following quorum rules shall apply
i) The quorum for the first call for a meeting is Half of the total Members of the
General Body.
ii) In case the meeting is adjourned due to lack of quorum, the meeting is
reconvened in 30 minutes, with a minimum quorum of 30 Members.
d) In the General Body Meeting for the decisions on Special Resolutions (as per
section 24), the following rules apply
i) The resolution shall be voted upon by Members, with a 2/3rd of the Total
Members, i.e. 127 votes in favor of the resolution, for passing the resolution
ii) No quorum applies for Special Resolution
24. RESOLUTIONS
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ii) The majority shall be ascertained through show of hands where such count
shall be documented and circulated to the Members in the Minutes of
Meeting.
iii) Normally all items transacted such as adoption of Financial Statements,
Appointment of auditors, appointing/ inducting the newly elected Members
can be taken as Ordinary transaction and passed by an ordinary resolution.
b) Special Resolutions
i) Items dealing with major policy matters or those other than General
Administration such as anything that alters the jurisdiction of the Association
(e.g. Amalgamation with adjoining developments, divestures of existing
assets, etc.), and any amendments to Sections 2, 13, 22, 23, 24, 25, 26 and
Annexure 2 and 4 of this document directly or indirectly, shall be treated as
special items and passed as special resolution. For clarity, any amendment of
any clause, definition, or any word of this bye laws which are going to bring
any change in the meaning or interpretation or whatsoever effect in to
Sections 2, 13, 22, 23, 24, 25 , 26 and Annexure 2 and 4 - directly or
indirectly, shall come under special resolution.
ii) In case of a Special Resolution, a 2/3rds (two-Thirds) majority of the total
Members of the Association is required to pass a Special Resolution
iii) The majority shall be ascertained through secret ballot where the count is
documented and circulated to the Members in the Minutes of Meeting.
(1) Till the date of full transfer of the Assets of Keerthi Richmond Villas Ph 1
& 2 by the builder (KEPL) to the Association, the Association shall not
table any Special Resolution pertaining the Merger of adjoining
developments.
2) Wherever, the bye-laws are silent on convening and conducting the meetings of the
General Body, the provisions of the relevant/applicable statutes, the Telangana
Societies Act 2001/2014, shall hold and shall be made applicable, mutatis mutandis.
25. ELECTIONS
2) Election process
a) The voting process is to be separated from the GBM process to ensure each
process is conducted with minimum disturbances.
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b) The voting & counting of votes should be conducted in a closed and secured room
which is access controlled and strictly supervised by the Election office.
3) Methodology
a) The General Body shall elect the Executive Committee for a term of (2) two years
b) The Executive Committee consisting of 11 Members will be elected by the
General Body by majority vote.
c) A fresh EC election may be called by convening an EGM where 5 committee
Members along with any 2 office bearers resign at a time before the completion of
the appointed term of the previous EC, and where such number of resignations is
less than stipulated above, the EC shall fill such vacancies from among the
Members.
26. WINDING UP
In case of permanent closure, the funds and assets of the Association which remain after
full satisfactory settlement of the liabilities, shall be transferred or paid to some other
Institution/Association/Society with similar aims and objects by decision of a group of
Members after following the normal procedure laid down under bye-laws.
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27. ANNEXURES
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Annexure 1: Purchasing Powers and Limits to Authority
Page 28
____
DKG
______
Ensuring Absolute Fiduciary Transparency & Avoidance of Conflict of Interest:
1. All financial transactions should normally be made through completely traceable modes i.e.
using appropriate electronic means or through appropriately crossed Account Payee cheques
2. Settling invoices in cash or through issuance of Bearer Cheques can be allowed in exceptional
cases either with prior approval of EC or through post-facto approval of EC. The ceiling for cash
transactions would be INR 5,000 while the ceiling for issuing Bearer Cheques would be INR
10,000.
Any such incident (of payment by cash or by Bearer Cheque) would need to be listed in the
immediately following EC Meeting Agenda for explanation of the exceptional circumstances.
This restriction would not apply to auditable bona-fide petty cash transactions upto a value of
INR 1,000 with appropriate receipts.
All such instances of use of Bearer Cheques or Cash settlement would need to be listed and
informed to the General Body during each year’s Budget AGM
3. Payments against any invoice must never be split, and all such payments should be made
through a single cheque only
4. Appropriate receipts must be issued for all monies received, AND similarly, appropriate
receipts mentioning the details of payment (i.e. mode of payment, cheque number, etc. for
example) must be collected for all payments made
5. Reasonable attempts are to be made, and records maintained, to satisfy that multiple bids
received for any item of works / supply as per list above are not related party bids. Normally, a
search of PAN/TAN/GST registration wrt address and ownership would be deemed sufficient for
satisfying this criterion
6. In case of purchases from Nationally Recognized Chains like say a Croma or say, Godrej Interio
etc, purchases can be done straight, on single quotations without any need of multiple
quotations.
Cheque Signing Authority:
1. All A/c Payee cheques up to value of INR 10,000 can be singly signed by the Treasurer
2. All A/c payee cheques with value from INR 10,001 to INR 100,000 would need signatures of
any two authorized signatories including the Treasurer
3. All A/c Payee cheques of value higher than INR 1,00,001 would need to be signed by three
authorized signatories including the Treasurer
4. Bearer cheques shall be avoided at all times, but in case the instrument is needed to be used
at any emergency, (at least two signatories including the Treasurer) would need to sign such a
cheque, subject to a maximum value of INR 10,000 only.
5. In case of payments through direct debit through bank using RTGS / NEFT / IMPS, paper
payment vouchers following above norms need to prepared, physically signed and filed BEFORE
such direct debit payment is effected
6. Similarly, in case such a paper voucher is prepared, appropriately signed and has been filed,
the Treasurer can singly sign and issue a cheque up to a value of INR 1,00,000
Page 29
Annexure 2: Election Manual, Keerthi Richmond Villas Owners Welfare
Association
These Rules shall be called the Rules of Election of members of the Executive
Committee (EC) of the KEERTHI RICHMOND VILLAS OWNERS WELFARE
ASSOCIATION. They shall be deemed to have come into force on the date of their
approval of the bye-laws by the General Body.
1. Introduction
4) The intention of these rules is to provide a framework which will ensure that elections
are held openly and fairly. They are not, however, intended to introduce undue
bureaucracy into the process and will be applied in a common-sense manner.
1) Ensure holding of elections at such time that the new Executive Committee can
assume office immediately upon expiry of its term by following the process cited
below.
2) Appoint at least two Electoral Officers and one Chief Electoral Officer from the
Members of the Association for smooth conduct of free and fair elections after
obtaining a confirmation from them that they shall not be contesting in the Elections
and checking their Association membership status. All three shall be referred to as
Election Committee (El.C)
Page 30
3) EC (along with El.C) shall be responsible for timely conduct of the election and
transfer of responsibilities to the new EC before the term of the incumbent EC
expires.
4) It is clarified that all the ground and administrative support required for the conduct
of the election shall be the responsibility of incumbent EC.
5) EC shall have the right to reconstitute the El.C in case of any eventuality in order to
ensure that elections are completed as schedule
6) In case the Executive Committee fails to appoint El.C, the Registering Authority shall
appoint El.C and polling staff. The cost of the Election Committee and polling Staff
shall be borne by the Association
1) El.C shall issue the election notification with details of schedules for Nomination,
Withdrawal of nomination, Rules & regulations, date of polling etc.
2) El.C shall have the authority to modify election rules to suit the prevailing laws and
ensuring fairness.
3) El.C shall be responsible for conducting the whole process from notification till
proclamation of the results.
4) El.C shall invite nominations, to receive and scrutinize them, to exhibit list of valid
nominations and list of final nominations remaining after withdrawal of nomination,
if any.
5) El.C shall arrange for election by ballot in accordance with the provisions of the
Election – Rules.
6) El.C shall furnish the result of election to the President of the Association for being
declared at the General body meeting / Special general body meeting of the
Association.
7) El.C takes such other actions as are necessary for and incidental to the election to the
Executive Committee of the Association.
8) In case of any disputes the decision of the Election committee shall be final
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1) Should not have incurred any of the disqualifications as mentioned in the bye-laws of
the Association.
2) Should have been resident of Keerthi Richmond Villas Phase 1 & 2 as a Member for
not less than 6 months as on the last date of filing nomination forms and is reasonably
confident of continued residency in Keerthi Richmond Villas Phase 1 & 2 till the end
of the term of the new EC
3) Should not be having any dues with Association and shouldn’t be in disobedience
with Association bye-laws.
4) Shall ideally possess the basic pre-requisites like availability of time and
communication skills etc.
5) Shall be proposed and seconded by current Association members who must also
provide their details. Each Member can propose only one nominee either as a
proposer or seconder.
6) Shall file his/her nomination in person before the El.C within the time specified in the
election notification
1) The provisional list of Members eligible to vote shall be prepared by the Election
Committee and shall be notified on the Notice Board of the Association and
circulated by email 45 (forty five) days before the date of election, inviting
suggestions and objections in respect of the names of the Members, within a period of
7 (Seven) days, from the publication of such list.
2) After considering the suggestions and objections, if any, received, the Election
Committee shall publish a final list of Members eligible to vote, within two days of
the last date as mentioned above.
3) The El.C shall draw and declare a Program/Schedule of various stages of election, on
the Notice Board of the Association and circulate by email, including but not limited
to the details indicated herein below, not later than three days of the date of
publication of final list of voters of the Association.
a. Last date for submitting nomination …. 7 days from the date of declaration of
the elections
b. The date of publication of list of nominations received …. On the last date of
the nomination and after the expiry of the time for nomination.
c. Date of scrutiny of nominations …. Next day after the date for making
nomination.
d. Date of publication of list of valid nominations …. Immediately after the
scrutiny but not later than 2 days from the date of scrutiny.
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e. Date by which a candidature may be withdrawn …. 1 Day fixed for
withdrawal of candidature.
f. Release of Ballot Paper template …. within 2 days of the date of withdrawal
(time and place to be fixed by Election Committee)
g. Date, time and place for counting …. Immediately after polling is over at the
polling Venue.
h. Date, time and place of election
i. Date of declaration of results of voting …. Immediately after polling is over.
Note: (a) If the last date in reckoning dates as specified in the above cases is a public
holiday, the next succeeding working day shall be fixed for the respective events. (b)
Date of election shall be at least 30 days from the date of publication of final
voter/Member list
1) If there are more nominations than vacancies, election papers will then be issued to
all eligible KRVOWA members for an election poll by ballot. Otherwise, the
nominees will be taken as elected on an uncontested basis and reported to the next
Association GBM for approval and election.
2) The nominations received till last date and hour fixed for receiving nominations shall
be scrutinized by the Election Committee on the date fixed for scrutiny of
nominations in the presence of the candidates or their duly authorized representatives.
The list of the valid nominations shall be published on the Notice Board of the
Association as per election program. The candidates whose nominations are rejected
shall be informed in writing citing the reasons by the Election Committee.
3) The candidates, whose nominations have been declared valid shall be allowed a time
to withdraw their candidature by means of a letter handed over to the Election
Committee.
4) Immediately after the expiry of period allowed for withdrawal of candidature, a final
list of the candidates contesting the election shall be notified on the notice board of
the Association.
6) The ballot paper bear the seal of the Association and the counterfoil thereof shall bear
the initials of the Election Committee.
7) The names of the candidates in the ballot paper shall be arranged in alphabetical order
with surname appearing first.
8) The date, time and place of voting shall be as declared in the election program.
Page 33
9) The voting process shall be separated from any GBM process to ensure each process
is conducted with minimum disturbances.
10) The voting & counting of votes shall be conducted in a closed and secured room
which is access controlled and strictly supervised by the El.C. It is recommended that
the proceedings are videographed
11) The ballot box shall be so constructed that ballot papers could be conveniently put
into it but could not be taken out, without the box being unlocked.
12) On the date of the polling, the empty ballet box shall be shown to the candidates or
their authorized agents, if any and present 15 minutes before the time fixed for
commencement of the poll and shall be locked and sealed in their presence.
13) Each member-voter shall be supplied with an authenticated ballot paper, after
satisfied his identity and obtaining his signature on the counterfoil of the ballot paper.
14) Member – Voter coming to the polling station after expiry of the time allowed for
voting shall not be allowed to vote.
15) Immediately after the completion of voting, the ballot box shall be sealed in the
presence of the candidates or their authorized representative it present.
16) The counting of votes shall be done immediately after the polling is over.
17) The Election Committee shall submit to the President of the Association a report
indicating the number of voters who voted, number of valid and invalid votes, and the
votes polled by each Candidate along with its certificate that the polling was peaceful
and in accordance with the Election Rules.
18) The names of the candidates with votes polled by each of them shall be put on the
Notice Board of the Association at the conclusion of the counting of votes.
19) The final result of the election shall be declared in the ensuing General Body Meeting
or Special General Body Meeting as the case may be.
20) All the records pertaining to the election shall be carefully preserved in box duly
locked and sealed by the Secretary of the Association for a period of 3 months and
destroyed thereafter. However, if the result of the election is disputed, the records
pertaining to election shall be preserved until the final decision of the dispute.
21) If for any reasons beyond the control of the Association, it is not possible to observe
the time Schedule prescribed under these Rules, the Election Committee may revise
the same with due notice to members and with due consent of the concerned registrar
of societies. The Election Committee shall inform such revision of schedule to the
Registrar
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7. Postal Ballots:
1) Non-resident and eligible members can choose the option of receiving a letter
enclosing their ballot paper and confirming the return date and count date by
communicating with the El.C in writing. El.C shall verify the same and supply the
attested Ballot Paper/s in closed cover.
2) They shall mark their choice(s) with a cross (X) or tick (as decided by the Election
committee) in the box on the right-hand side of the ballot paper opposite the name of
the candidate(s) they are voting for. Any other mark on the ballot paper shall make
the vote invalid
3) The postal ballot paper supplied in a cover addressed to the Member choosing this
option and it is deemed that the same is filled by the Member himself. Only one vote
is allowed for each Member. It is the Member’s responsibility to ensure that the ballot
is received, properly completed and returned so that it counts.
4) Postal ballots for the Association elections may not secret ballots in a formal sense
but the confidentiality of each member’s vote shall be respected as far as possible.
The member number or such other attestations on the reverse/counterfoils of the
ballot paper may be utilized to verify the official issue of the ballot paper and the
casting of only one vote per member.
5) Envelopes will be opened by the Election Committee prior to the count to sort the
ballots into bundles for counting purposes but the votes themselves will not be
considered until the formal count. To maintain the secrecy of your vote until
counting, therefore, ballot paper shall be folded in half before putting it in the return
envelope so that the side marked “Reverse Side” is showing outwards. They can
stapled closed. Use of cello tape is discouraged as this can damage the ballot paper so
much that it is spoiled when being opened at the count.
6) The ballot paper, in order to be counted, must be received by the Election Committee
no later than the return date stated on the letter sending the ballot paper to you.
7) Non-Delivery of the Ballot Paper/s or Non Receipt of the Ballot papers by the El.C in
time shall not be the responsibility of the El.C or EC. Election process shall not be
delayed or stalled due to any of such reasons.
8. [.deleted ]
9. Counting Of Votes:
1) Vote counting will take place on the date and at the place also stated on the letter
sending out the ballot papers. All candidates are invited to attend the count and any
KRVOWA member may also attend to observe that the count is conducted fairly.
Page 35
2) The results of the election will be reported to the next KRVOWA AGM and,
following approval, to the whole membership via Announcement in the AGM /
Society website/ email/ post and/or newsletter.
1) All decisions on the application of these rules will be taken by the Election
Committee. Any complaints by candidates or prospective candidates should be put in
writing to the Election Committee immediately who will try to resolve them
informally initially.
2) If the Election Committee cannot resolve the complaint informally (usually within 3
days of receiving the complaint), the Election committee will issue a written response
to the complaint. The decision of the Election Committee shall be final in this regard.
Page 36
Annexure 3 – Purchase & Payments Manual TBD
Page 37
Annexure 4 - Jurisdiction Map of Keerthi Richmond Villas Phase 1 & 2
Page 38
Annexure 5 – Hand Book of Rules & Regulations
Page 39
RESIDENTIAL USE ONLY
The use of Villas is meant for mid-long term residential purposes for individuals or
families only. Any other mode of usage of the villas and the community property is
strictly prohibited
1) Residential use is defined as stay by the same individual(s) or family as a home
contracted for a continuous period exceeding 11 months.
2) Any Member entering into a lease agreement with a Tenant has to ensure that License
or Tenancy document shall contain a condition that the Tenants shall abide by all
KVROA Bye laws
3) Any activity that involves the regular flow of non-residents and non-residential assets
into the Community on behalf of any resident is strictly prohibited as this represents a
threat to the security of the Community, and uses the resources and amenities of the
Community unfairly.
4) Use of villas as for short term Residential purposes,(including Subletting, Part
Subletting) or for commercial purposes such as for a company office, as guest houses,
serviced villas, beauty parlors, agencies, clinics, coaching classes, cookery classes,
Bed &Breakfast (BnB) type or any of such nature is never permitted.
5) In general, the use of villas or any part of the Community, as meeting places for any
kind of special interest groups for people outside the community is never permitted.
Specifically, use of the villas or Community property as clubs, religious centers, pet
shelters, activist centers, etc. for use by people outside the community is never
permitted.
6) Any displays not consistent with residential use, such as commercials, billboards, and
other signage should not be visible from outside.
7) Non-residential assets, with the exception of those owned by the Community or
Association, cannot be stored anywhere on the community premises.
8) The violation of these rules shall attract monetary penalties levied by the Association.
Refusal to stop such activities upon notice from the Association shall result in
termination of services exclusively provided by the association, limiting access to
common amenities, and may attract legal action in certain extreme cases.
9) Each Villa is a single composite unit. Partitioning of the same for letting out or for
any other purpose is never permitted
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FAIR USE
Common areas and amenities must be used properly, fairly, and non-wastefully by all
Residents.
1) Common areas must be clean, and maintained as per specifications stipulated for that
area.
2) Common areas must be free of obstruction, sound, odors, smoke/gases, etc.
3) Water must be used fairly and non-wastefully.
4) Wash water from gardens, car wash, etc. must not flow excessively on to the streets.
5) Any party causing the damage to a common area or amenity, intentional or
unintentional, must pay appropriate restitutions as decided by the association, within
7 days of damage.
6) The exclusive or disproportionate use of common area or common amenities by any
one Resident or by a group of Residents is never permitted.
USE OF COMMON AREAS BY RESIDENTS
The use of common areas for personal purposes for any Resident for a limited duration
such as for celebrations is always through a-priori approval of the reservation request
from the Association, for each instance of use.
1) Temporary usage of common areas by any one Resident needs prior reservation. Such
reservation must be sought through public notice, must be obtained at least 5 days
prior to date of usage.
2) The above mentioned usage cannot exceed the number of hours approved, and
request for reservation (Format as per Appendix 7) for such usage would be
entertained on a first-come-first-served basis. The common area usage would be
limited to the functions of / celebrations by the Residents only.
3) The usage of guest rooms, Poolside and the Banquet halls in the Club house shall
however be on chargeable basis only. These charges are however not applicable for
Community events
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QUALITY OF LIFE
The access, comfort, health, security, or privacy of any Resident or group of residents in
the community must never be violated by any action by any group of individuals in the
community
1) Dangerous and venomous animals such as Snakes, Big Cats, Spiders, and such other
creatures barred by law are not permitted as pets.
2) Tobacco and alcohol cannot be consumed in public, on Community property, except
Club house premises upon prior permission from the Association, and other
concerned
3) When an event conducted on community property involves serving alcohol, a license
to serve liquor must be obtained prior to the event and submitted to the Association
formally for approval.
4) Community events are not open to outside public at large (except invitees of
Residents conduct of whom shall be sole responsibility of the subject Resident).
5) Animal sacrifices are not permitted in the Common Areas of Community.
6) Sound, odor, smoke, light, etc. emanating from any event or actions should not
unreasonably interfere with the quality of life of any Resident
7) All celebration activities in public, including the playing of sounds such as music,
broadcasting, noises from celebrations, etc. from personal as well as public /
community events are restricted to the hours of 10AM-11 PM.
8) No Resident shall stock or store any kind of goods or materials which are
combustible, explosive and obnoxious or such other goods which are not permitted to
be stored without the sanction of the competent authority under any Government laws
relating thereto.
TAKING RESPONSIBILITY
Residents are fully responsible for their own actions as well as the actions of their family,
friends, guests, associates/colleagues, pets, service providers, domestic workers, and/or
any third parties (CONNECTED PARTY) that come to associate with them in their villas
1) All pets must be on leash when in public.
2) It is the responsibility of the pet owners to make sure that pets do not defile, cause
any damage to property, or cause any physical harm or mental anguish to other
residents.
3) In case of misbehavior or violations, the resident associated with the connected party
is required to cooperate with the association in resolving the issue at hand.
4) In case such connected parties violate any of the association rules or cause any harm
to any resident, or to any community property or amenity, intentionally or
unintentionally, the associated resident must pay penalties as decided by the
Association from time to time, and make appropriate restitutions as decided by the
association, within 7 days of damage. Non-compliance with the ruling of the
association shall result in termination of common utilities such as water and
electricity, and limit access to common amenities.
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OWNERSHIP OF COMMON AREAS
The ownership of all common areas / facilities / equipment, amenities will rest with this
Association
1) Common areas can never be sold or transferred to anyone else.
2) Common area usage type can never be altered except for statutory reasons
3) Casual Renting: Whenever the Club house or Banquet halls or any other common
area is given to any Member of community for exclusive use the following rules shall
apply – (1) The renting cannot be for more than 2 days at a stretch upon remittance of
the rental amount as determined by the Executive committee from time to time in
advance at the time of booking or 1 week ahead of renting period whichever is later,
and (2) Suitable refundable deposit as determined by Association from time to time
shall be collected as a cover against any damage to the amenity or property. A proper
renting document, consisting of suitable clauses indemnifying the Association,
Community and its Members of any eventuality, shall be executed at the time of
booking by the member. The standard template of the document shall be drafted by a
qualified legal counsel and the format approved by the General Body. See Appendix
7
4) Long term renting: Whenever, the designated areas of the club house are to be rented
to another legal entity or individual for running of Salons, Retail stores, laundry's etc.,
the following rules shall apply
a) The renting cannot be for more than 11 months at a stretch and
b) Suitable refundable deposit to be determined by Association from time to time
shall be collected as a cover against defaults & damages to property.
c) A Leave and License agreement (which does not create a lien on the property)
drafted by a competent attorney shall be entered into with the Licensee and duly
registered. The standard template of the document shall be drafted by a legal
counsel and approved by the General Body.
5) Any other form of occupation of any area of the Community like right of ways etc.,
are strictly prohibited.
Page 44
6) In order to ensure that Residents of neighboring Villas and the Community are not
adversely effected by occurrences in single or group of Villas, the Association shall
have the prerogative to
a) Undertake the external painting of the Villas every five years (along with other
Common Areas like Club house etc.,) by awarding contract to competent agencies
at competitive rates approved by the General Body and the costs incurred shall be
recovered from each Villa proportionately as per the size of the villa.
b) Periodically undertake pest control activities for all the Community Villas (along
with the Common Areas/Assets) by awarding contract to competent agencies at
competitive rates approved by General Body and the costs so incurred shall be
recovered from each Villa in proportion to the size of the Villa
c) Install water meters in each Villa by awarding contract to a competent agency at
rates approved by General Body and recover the water charges, provided that
these water charges for Villas is deducted from the Common area charges.
d) Undertake repairs of Plumbing, Water supply, Sewerage, electrical or other
defects which are causing nuisance, annoyance or hazardous to Community and
recover the costs along with a penalty from the concerned Villa/Resident.
e) To permit utilization of the Facility management staff to attend to general repairs
in the Villas on Pay & Avail basis. The modalities of the same shall be finalized
and approved by General Body.
Any resident that knowingly or unknowingly causes damages to common areas / facilities
/ amenities (directly or through any of his associates), shall be responsible for paying
restitution for the damages so caused
1) The extent of any damage caused will be evaluated as the cost to restore the common
area or amenity to its previous state prior to damage.
2) The Association Executive committee will either through its own workers or through
external party, replace the amenity or repair the damage as the case may warrant. The
damage assessed will equal the amount incurred by the Association to carry out the
aforementioned activity.
3) In addition to the above mentioned damages, the Association has the authority to
impose an additional penalty subjectively, to deter further actions leading to such
damages, as decided by the association from time to time.
SECURITY PROCEDURES
Best practice based security measures will be employed to ensure safety for all residents
of the community
1) Trained security personal, rules and security procedures, electric fencing, and
electronic surveillance shall be employed to provide round the clock security.
Page 45
2) Everyone shall enter or leave the community through the entrance gates only.
3) All Residents shall provide the necessary data and follow procedures e.g. register all
their vehicles with security, add security stickers to their cars etc. as prescribed by the
association or its authorized security agency.
4) Visitors shall be required to sign the vehicle access register at the main gate and will
be supplied with a copy of the abridged rules which must be followed by them.
5) All guest vehicles entering and/or leaving the community must stop at the vehicle
entrance, to have photo and video records taken.
6) No vehicle shall enter the community unless admitted by the security guard on duty at
the gate.
7) All vehicles operating within the community must follow the safety rules set by the
Association.
8) All regular entrants to the community, e.g. Community employees, domestic help
must have a photo-ID for entry into the community.
9) Security guards have the right to seek information from any individual on community
property.
10) Any person(s) willfully not complying with or willfully violating security rules will
be fined by the association, as decide by general body from time to time.
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Escalation Process in grievance resolution
Notes:
o For reference to Arbitration Panel by –Rules-, SC or by EC (add 3-5 days)
o Some options for disciplinary action by EC - display name as defaulter; communicate
to all residents; withhold services; levy penalty.
o Dealing with non-compliance to be a structured, time-bound process. Each NC
complaint to be given a distinct reference number for tracking / review.
o EC shall monitor its own performance against these norms
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COMMUNITY RECORDS
Regular records will be maintained for each common area and amenity
1) Detailed records will be maintained on the inspection, the maintenance history, and
the expenditures for each common areas / facilities / amenity.
2) Status of security arrangements e.g. # guards by shift, status of cameras, etc. must be
tracked daily by shift.
3) The state of all common areas / facilities / amenities will be periodically and regularly
audited for performance by a competent third party objectively without any conflict
of interest
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Annexure 6 – Occupancy Certificates
OC Phase 1
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OC Phase 2
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Registration certificate
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Annexure 7 – Common Area Booking Form
(To Be Included here)
The following are the rates for renting the common area.
I agree the pay all rental charges associated for the above common areas and amenities
that I am renting. At the end of my renting, I agree to hand over these in the same
condition that I rented them, i.e. after cleaning and restoring if any. I understand that I
am responsible for the conduct of all entities associated with the event. I also understand
that I am fully responsible for any resulting damages or maintenance to the above
mentions common areas and amenities, during my period of renting it.
Signed
Approved By
Signed
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