Documentation - I Memorandum of Association OF Vadapally Nivas Residents Welfare Association
Documentation - I Memorandum of Association OF Vadapally Nivas Residents Welfare Association
Documentation - I Memorandum of Association OF Vadapally Nivas Residents Welfare Association
MEMORANDUM OF ASSOCIATION
OF
i) To take over from the builder of the complex and manage, protect and maintain
all the joint and common properties in the premises and the building complex
known as ‘Vadapally Nivas’ bearing F.No:101, Vadapally Nivas, Road No.2,
Prashanthi Nagar, Uppal, Rangareddy(East).
ii) To maintain and manage all common facilities and amenities like electricity,
water supplies, drainage, etc, provided or to be provided by the said premises
and building complex.
iii) To look after the cleanliness and lighting of the said premises and building
complex.
iv) To take care of the white-washing, painting etc. of the exterior of said building
complex.
v) To repair, alter or otherwise deal with the said common premises of the
building complex.
vi) To insure the said building complex against fire, riots, etc.
vii) To employ the staff required for fulfilling the above objectives, and
viii) In general to do everything for the convenience and good of the members and
for the better enjoyment of the said premises and building complex.
ix) To do all things necessary and expedient for the accomplishment of the
aforesaid objects.
CERTIFICATE
1. “Certified that the Association is formed with no profit motive and that no
commercial activity is involved in its working”.
2. “Certified that the Association would not engage in agitation activities to ventilate
grievances”.
3. “Certified that the office bearers are not paid from the funds of the Association”.
DECLARATION
We, the undersigned persons in the Memorandum of Association, have formed into an Association
and responsible to run the affairs of the Association and are desirous of getting the Association
registered under Andhra Pradesh / Telangana Societies Registration Act, 2001.
3. The aims and objectives of the Association shall be as set out in the
Memorandum of Association and as follows:
x) To take over, maintain, control and manage all common areas, facilities and
amenities like roads, passages, watchman room and quarters, generator and
electricity meter room, transformer, water supply lines, sump, overhead tanks,
drainage etc, provided or to be provided in the premises i.e., (the multistoried)
building complex known as “VADAPALLY NIVAS” bearing Municipal No.
F.No:101, Vadapally Nivas, Road No.2, Prashanthi Nagar, Uppal,
Rangareddy(East)-39. The said premises and building complex hereinafter
referred to as “VADAPALLY NIVAS”.
xi) To look after the maintenance, cleanliness and common lighting of
“VADAPALLY NIVAS”.
xii) To take care of appearance including white washing, painting etc., of the
exterior and common areas of the building of VADAPALLY NIVAS.
xiii) To repair, alter or otherwise deal with the common areas of the building
complex of VADAPALLY NIVAS.
The above mentioned aims and objects are the essential features and the vary
foundation. The same may be modified or amended or extended by General Body in
consonance with the aims and within the Societies Registration Act.
4. MEMBERSHIP ELIGIBILITY
a) All the owners (by virtue of the agreement of Sale/Sale Deed) of the
Apartments (Apartment herein and hereafter shall include the parking space
purchased by the Apartment Owner) in the said complex by virtue of their
being owners of the VADAPALLY NIVAS and none can disown it, since it is the
basis of the Agreement of Sale / Sale Deeds.
b) Any apartment owner can authorize, in writing, his/her spouse, son or
daughter or a close relative or resident to represent on his / her behalf in the
association. Such representative shall be eligible to participate in all
proceedings of the association and also cast vote and hold any post of office
bearer.
5. FUNDS
The Vadapally Nivas Residents Welfare Association will ordinarily obtain funds from the
following sources :
If the obligatory on the part of the members by themselves or through the occupants
and or tenants, for and on behalf of the members to make the payment as envisaged
above to the association without fail before 5 th day of every month. The funds of the
association shall be spent for the attainment of the aims and object of the
association. No portion thereof shall be paid or transferred directly or indirectly to any
of its members through any means.
6. RECOVERY OF DUES
The dues due to the association from any member shall be recoverable by all lawful
means and the executive committee shall have the powers to act for the recovery of
the dues.
7. MANAGEMENT
All the members of the Executive Committee shall be elected by the General body.
8. OBLIGATIONS AND RESPONSIBILITIES OF THE MEMBERS OF THE
ASSOCIATIONS
ii) It shall be the prime responsibility of the every member to pay regularly the
maintenance and other charges or conservancy charges and any contribution
so fixed by the General Body or the Executive Committee for the purpose of
maintenance and common enjoyment of the facilities in the complex.
iii) Every member shall be bound to intimate the Executive Committee his/her
intention of sale/transfer of his/her flat/apartment and shall dispose the
same to any person after obtaining a No Due Certificate from the Executive
Committee of the Association.
iv) If a member intends to let out his/her flat/apartment he/she shall be bound
to intimate to the executive committee the name of the tenant and the
date of letting out of the flat / apartment, change of tenancy, if any,
shall also be intimated to the Executive Committee. The member shall submit
an undertaking as per the proforma prescribed by the Executive Committee by
the tenant to regularly pay, without fail for and on behalf of the member, the
contributions, conservancy charges or maintenance charges to the
Association. Besides the member shall essentially provide a clause in the
rental agreement to the effect that the tenant shall abide by the rules and
regulations of the Association and an extract of the relative clause bearing the
signature of the tenant should be sent to the Executive Committee for record.
vi) The members of the Association and in their absence the occupants / tenants
etc. whomsoever shall be bound to :
a. keep the passages, roads, ducts and other common areas unhindered
and unobstructed.
b. see that litter, garbage, filth etc. is not thrown in the common areas
and the drainage to ensure cleanliness and hygiene.
c. see that the neighbours or the fellow occupants are not disturbed or
inconvenienced.
d. Allow access in his/her flat/apartment to the office bearers
efficient maintenance of services.
e. Avoid keeping pet animals like dogs etc.
vii) The payment of maintenance and other charges for each month if not paid by
the members by tenth day of that month, an extra sum of rupees five per
month of delay shall be payable by the member.
viii) The members of the Association shall not demolish or cause to demolish
any portion or part of their flat/apartment or construct any other structure
in the said building nor shall at any time make or cause to the made any
new construction or alteration of whatsoever nature in the building without
the permission of the Association.
c) If any repair arises between a common area/ passage etc. and any
internal area of an apartment, the expenses for the repairs will be
borne equally by the association and the apartment owner.
9. GENERAL BODY
The President shall preside all meetings of the General Body and the Executive
Committee. He/she shall be allowed to exercise casting vote as a second vote
whenever there is equality of votes in any issue and in the absence of the President, a
Chairman shall be elected from among those present. The Chairman so elected shall
also exercise casting vote as a second vote whenever there is equality of votes.
i) The meetings of the General Body shall be convened at least once a year in
the month of January or whenever considered necessary by the President
during the calendar year.
ii) The budget for the ensuing year shall be passed and annual report for the
previous year shall be approved at Annual General Body Meeting. .
iii) The Annual General Body Meeting shall appoint auditors each year for audit of
accounts of the Association, or the accounts can be certified by any three
members of the society but not from the Executive Committee.
iv) The Annual General Body shall be convened after giving 15 days clear notice
of the proposed meeting to be held.
v) The quorum for the General Body Meeting shall be 1/3 rd of the total strength
of members. If there is no quorum, the President or Chairman may adjourn
the meeting for half an hour and conduct the meeting with any number of
members that are present and take decisions excepting amendment of the
memorandum of the Association and bye-laws.
vii)The president can call an extra-ordinary General Body Meeting, giving 7 days
clear notice.
viii) There shall be an agenda communicated for every meeting and the
Association shall maintain the minutes of the meeting.
The members of the Executive Committee shall hold the office for a period of one
year from the time of assumption of office, or till the next executive committee is
elected.
Any elected member of the Executive Committee may at any time resign from
his office by sending a letter of resignation to the President of the Association
but such resignation shall take effect only from the date on which it is accepted
by Executive Committee. Any vacancy in the Executive Committee shall be filled
by co-opting any other eligible member of the association.
i)To authorize opening of a Bank account in the name of the Association with
any bank. Such bank accounts shall be operated by any two of the
following office bearers viz. President, Secretary and treasurer.
ii) To submit to the General Body the annual report and the statement of
accounts.
iii) To scrutinize and put up the annual budget to the General body.
iv) To prescribe or regulate from time to time the strength of the office
establishment and their salaries and allowances and to regulate their
work.
v)To make the arrangements for the efficient supervision of the employees of
the Association.
xi) To authorize one or more officers of the Associations to issue receipts for
the amounts paid by members of the Association.
The ultimate authority in all matters relating to the administration of the Association shall
vest in the General Body. The General Body shall not, normally, interfere with the powers
of the Executive Committee in respect of matters delegated to it in these by-laws. The
following among other matters shall be dealt with by the General Body.
ii) Consideration of the Audit Report and Annual Report and review of the
financial position of the Association.
Subject to such resolutions as the General Body may from time to time pass in
this behalf, the office bearers of the Executive Committee shall have the powers
mentioned below :
PRESIDENT
a. The President shall exercise all the General control and supervision over the
affairs of the Association and the work of the Office bearers of the Executive
Committee.
b. The President shall exercise the powers delegated to him by the General Body
and may delegate any of his powers and duties to any committee member
after calling for the Executive Committee meeting for a specified period and
may withdraw any powers so delegated.
SECRETARY
a. Have custody of all the files, registers and records of the Association.
b. Be an Officer to sue or to be sued on behalf of the Association. All the
correspondence, bonds, declarations, documentations etc.,
whatsoever in favour of the Association shall be in the name of his
office.
c. Shall have powers to sign, endorse and negotiate cheques and other
negotiable instruments and to sign all receipts and other documents
connected with the business of the Association.
d. Have also power subject to the directions of the Executive Committee
to carry on general transactions within the frame work of these bye-
laws.
e. arrange for the holding of the meeting of the executive committee and
the General Body.
f. attend meetings of the Executive Committee.
g. to do all that is necessary for carrying on generally the day to day
administration of the Association.
h. incur expenditure on contingencies within the budget allotment and
within the limits prescribed by the Executive Committee in the respect
of each item.
TREASURER
i) The Treasurer will look after the financial matters of the Association and
maintain the accounts of the Association in accordance with the directions of
the Executive Committee.
ii) To accept the contributions, maintenance and other charges or conservancy
charges etc. and issue receipts therefore and to make payments as per the
directives of the Executive Committee.
iii) In the absence of Secretary the Treasurer shall perform all the functions of the
Secretary.
Common areas, properties and facilities shall not be used or allowed to be used for any
purpose other than those agreed and approved by the General Body.
The official year of the Association for the purpose of accounts etc., shall be the
calendar year beginning from 1st January and ending on 31st December.
19. AMENDMENTS
20. WINDING UP
In case the VADAPALLY NIVAS Residents Welfare Association had to be wound up the
common property shall be transferred to the similar Housing Society of the Members
and the funds shall be refunded to the members of the Society.
20. All the above rules and regulations shall be in accordance within the Andhra
Pradesh Apartments (Promotion of Construction and Ownership) Act, 1987 and any
other law applicable from time to time.