1NAME

The name of the Association shall be Skandagiri County Plots Owners’ Welfare Association (hereinafter referred to as the Association or SCPOWA)

2REGISTERED OFFICE

The registered office shall be situated at Skandagiri County, SCPOWA Office, Gantiganahalli Village, Nandi Hobli, Chikkaballapur Taluk & District, Karnataka.

3THE OBJECTS

3.1Main objects

• To represent the collective interests of Owners and Members of the Association and create a forum for Owners and Members of Skandagiri County, as set out in the sale agreement & Registered Sales deed entered into by individual Owners with Vendors and Confirming Party (M/s. V.R. Holdings Private Limited and M/s. Uma Estates and Realtors Private limited) (hereinafter referred to as Developer) while transacting to purchase a Land Plot/Site in Skandagiri County (hereinafter referred to as the ‘layout’).

• To work towards formation of Owners Association under “THE KARNATAKA APARTMENT OWNERSHIP ACT, 1972” or other appropriate Act by engaging with legal advisors and officials as required.

• To ensure orderly development of the layout for residential purposes

• To maintain civic and other infrastructural facilities of the layout

• To safeguard the interest and rights of individual plot, site, house, apartment, home or villa Owners as Members of the Association

 

 

3.2Objects Incidental or Ancillary to Attainment of Main Objects

• Maintaining the civic and infrastructure amenities of the layout, namely, and not limited to, storm water drainage, underground sewerage system, water connection with underground piping system, roads, streetlights, overhead water tanks, parks and landscaping and compound wall around the entire layout.

• Undertaking any work, subject to necessary government and regulatory approvals, for the upkeep, development and maintenance of all civic amenities and common assets of the layout

• Dealing with matters relating to the enjoyment by Plot/Site/Home Owners and residents of the layout, of the club and associated facilities (as and when these are operational) and where required, to assist in framing rules and regulations in connection therewith.

• Liaising with Developer, other Associations and statutory bodies

• Collecting and enforcing collection from Plot/Site/Home Owners, of maintenance fees towards expenses such as, and not limited to, salaries of estate manager, office staff, security personnel, plumbers, electrician, gardeners and caretakers, and such other personnel who may be employed to look after the affairs of the Association, electricity bills towards pumping of water to the tank, fertilizers etc., and to frame rules and regulations in connection therewith

• Collecting and enforcing collection of any other fees and levies that may required to be incurred for meeting the objects of the Association and to apply monies so collected appropriately.

• Safeguarding the rights of individual Plot/Site/Home Owners and residents arising from ownership of a Plot/Site/Home in Skandagiri County and ensuring discharge of associated responsibilities

• Promoting social, cultural and recreational activities and fostering friendship among Plot/Site/Home Owners and other residents of the layout

• Promoting safe living in the layout by taking steps as appropriate to protect life and property in the layout

• Ensuring orderly development of the layout and promoting peaceful living in the layout in compliance with applicable laws and regulations and government circulars and notifications for the time being in force

• Entering into contracts or arrangements for the supply of goods and services for upkeep and maintenance of civic and other infrastructural facilities of the layout

 

 

• Taking up and representing grievances of Members of the Association in all matters of their common interest relating to the maintenance of the layout, burden of unjustifiable taxes, charges, revenues, duties and other levies before any forum or institution, government body or authority and obtain passing of any Act or Ordinances of the Legislature or other law making body and enter into such obligations or to take such proceedings as may be calculated to advance the objects of the Association.

• Entering into any agreements or arrangements with any organization, government or local body or any other institution and to obtain from such authority any concessions, privileges and licenses which may be considered beneficial for or conducive to the objects of the Association.

• Referring to or agreeing to refer claims, demands, dispute or any other question by or against the Association for which the Association is in any way interested or concerned and whether between the Association and the Members (or his or their representatives), or between the Association and third parties to arbitration under the provisions of the Indian Arbitration and Conciliation Act, 1996 and to observe, perform and to do all such things to carry out or assist in enforcing the Awards

• To undertake any legal proceedings connected to or affecting the Members or Residents or the Association in general.

• To acquire by purchase, lease, grant, assignment, gift in any manner whatsoever buildings, equipment and vehicles in whole or in part and to sell in whole or in part or otherwise dispose them in whole or in part for the purpose of the Association, without detriment to the rights of individual Plot/Site/Home Owners of the layout

• To rent or license, where applicable, suitable portions of the common areas to outsiders for commercial purposes and to accumulate the common profits left after deducting the common expenses, for building up the Reserve fund of the Association.

• To invest the money of the Association in such proportions and at such times and upon such securities in the interest of the Association

• To open and operate Bank accounts in the name of the said Association and to draw and accept cheque and to make, execute or issue cheque or other negotiable instruments for and on behalf of the Association in all matters of financial transactions.

• To borrow monies from a banking company or Co-operative Bank for the purpose of meeting the objectives of the Association

• To pay all costs and expenses incurred or sustained in or about the promotion and establishment of the Association or which the Association shall consider to be preliminary, out of its funds; subject to obtaining approval for such costs and expenses in the AGM of the Association

• To constitute Reserve fund, Repairs and Maintenance fund, sinking funds, Development funds and such other funds as may be deemed necessary for major repairs, rehabilitation and creation of new and additional infrastructures in the Layout by way of collection/ contribution from Members of the Association

• To approve Annual Budget accounts for the running and maintenance of Skandagiri County

• To frame, amend, alter and delete the byelaws, rules and regulations, and frame additional bye- laws, rules and regulations that may be required from time to time with the approval of Members in SGM of the Association

• To prescribe and enforce the Association’s bye-laws rules and regulations uniformly.

• To provide for and do all or any of the matters as laid down in the byelaws.

• Liaising, collaborating, cooperating with and sharing experience with individuals and/or other bodies and organizations with similar objectives as the Association.

• To establish and carry on jointly with individuals or institutions, or on its own volition, educational, social, recreational or other activities for the benefit of Plot/Site/Home Owners / residents.

• To generally do all such other things as are incidental or conducive to the attainment of its objects as a non-profit making, non-political and non-religious organization.

• To not make any contribution or payments in cash or in kind or in any manner whatsoever to any political party or institution or body or any religious body or institution or for any political or religious cause

The objects set forth in each of the several clauses above hereof shall have the widest possible connotation and shall in no way be limited or restricted in reference to any other clause in its application.

 

4Name and address of the Association.

The ASSOCIATION shall be known as “SKANDAGIRI COUNTY PLOTS OWNERS’ WELFARE ASSOCIATION” (hereinafter referred to as the ‘Association’) and its registered office shall be situated at Skandagiri County, SCPOWA Office, Gantiganahalli Village, Nandi Hobli, Chikkaballapur Taluk & District, Karnataka, India

5Objects of the Association

Objects of the Association shall be as stated in the Memorandum of Association.

6Short Title

These byelaws shall be called the “Bye Laws of Skandagiri County Plots Owners’ Welfare Association” and shall come into force with effect from October 2024. The Association shall be bound by the provisions of the Karnataka Societies Registration Act, 1960 as amended from time to time, where no specific provision has been made under these byelaws.

7Application

These bye-laws shall apply to the Members of the “SKANDAGIRI COUNTY PLOTS OWNERS’ WELFARE ASSOCIATION” who are present or future Plot / Site / Home Owners in Skandagiri County hereinafter called Skandagiri County, located at Skandagiri County, Phase 1 & Phase 2, Gantiganahalli Village, Nandi Hobli, Chikkaballapur Taluk & District, Karnataka, India and to all occupants / tenants / lessees / licensees of Plot/Site/Villas/House/Apartment/Homes in Skandagiri County and all other users of the common facilities available at Skandagiri County.

All Plot/Site/Home Owners/Members shall comply strictly with the byelaws and with administrative rules and regulations adopted pursuant thereto or as may be amended from time to time. Failure to comply with any of the same shall be ground for an action to suspend / remove from Membership of the Association and/or other appropriate action as the Association General Body deems necessary, including where relevant, recovery of any financial losses incurred by the Association as a result of such non-compliance.

 

 

8Definition

In these bye laws, unless the context requires otherwise, the following words or phrases shall have the meaning ascribed to them as under:

1. The “Act” shall mean the Karnataka Societies Registration Act, 1960

2. “Associate Member” shall mean a spouse/parent/child/sibling (only) of a Member who has been nominated by the Member through joint declaration (Annexure B) to act on behalf of the Member and to discharge all the obligations of the Members and who will have all the rights of the Member including the voting rights enjoyed by the Member till the end of a specified period as mentioned in the joint declaration or till the nomination is revoked by the Member whichever is earlier. During this period the primary member will relinquish membership rights, except the liability for any defaults for the unit.

3. The “Association” shall mean the Association of Owners of Plot/Site/Houses/Apartments in Skandagiri County and constituted by such Owners for the purpose of protecting the legitimate rights and privileges of the Owners and residents of Skandagiri County and generally safeguarding their interest by all lawful means in accordance with the byelaws.

4. The “Association Year” or “Year” shall be from April 1 of one year to March 31 of succeeding year.

5. “Commercial Activity” means any activity which is of a commercial nature, or any kind of business activity carried out with the motive of profit or earnings.

6. “Common Areas and Facilities” shall mean all that piece and parcel of land situated within the boundary wall of Skandagiri County but excluding the Plot/Site/Villa/House plots owned by the Members as identified by the Plot/Site/Villa/House numbers and shall include all roads, drainage whether open or covered, sewage lines, parking areas, security rooms, club house and associated facilities, etc.

7. “Common Expenses” shall mean all sums lawfully assessed against the Plot/Site/Home Owners by the Association, expenses of administration, maintenance, repair or replacement of the common areas and facilities.

8. “Common Surplus” shall mean that balance of all income, rents and revenues from the common areas and facilities remaining after deduction of the common expenses.

9. “Plot or Site or House or Home or Apartment or Villa Owner” or “Owner” shall mean any person or persons, HUF, FIRM, Association of Persons, Trust or Company owning a Plot or Site or House or Home or Apartment or Villa in Skandagiri County as identified by the Plot or Site or House or Home or Apartment or Villa number as defined in these bye laws

10. Member” shall mean a Plot or Site or Home or House or Apartment or Villa Owner as defined in point # 9 in the same section.

11. “Defaulting Member” shall mean a Member who has dues outstanding to the Association for Three months or above from the due date (this is to cover people who do not have any dispute but simply not paying the dues) or in case of disputed amounts, if the payment is not made within 7 days after decision from Dispute Handling Committee is communicated to the concerned Member

12. “Family” means the Plot/Site/Home Owner, his/her spouse, their children and dependents who live with the Plot/Site/Home Owner or his/her spouse.

13. “Fees” shall mean any admission charges, transaction/transfer charges, monthly maintenance fees (MMF), variable maintenance fees (VMF), maintenance corpus or any other charges imposed by the Association.

14. “Monthly Maintenance Fee” (MMF) shall mean the amount payable monthly (and collected quarterly) by Members after AGM approves the same towards fixed amount of maintenance costs and other charges to cover expenses incurred for overall benefit of the layout and which are to be incurred irrespective of the number of Members living in the layout

15. “Variable Maintenance Fees” (VMF) shall mean the amount payable by all residents (and non- residents if applicable) towards maintenance charges as determined by the Managing Committee based on these byelaws towards water consumption costs (including salaries, electricity charges and maintenance of equipment), and any other costs applicable to persons utilizing these services within the Layout

16. “Other Common Expenses” shall mean the amount payable monthly/quarterly/annually by Members after AGM approves the same towards Capital Investments, Sinking Fund, and such other charges to cover expenses incurred for overall benefit of the layout and which are to be incurred irrespective of the number of Members living in the layout

17. “Levies” shall mean fines, penalties, interest, forfeitures of advances and deposits, administration charges or any charges of a penal nature.

18. “Housing Unit” means a house or building in the layout owned by the Member / Owner and intended for residential use.

19. “Layout” shall mean the entire length and breadth of Skandagiri County, Phase 1 & 2 surrounded by the boundary wall and gate and includes individual plots, common areas, civic amenities, drainage, sewage lines and all facilities appurtenant thereto and all that piece and parcel of land situated within the boundary wall of Skandagiri County known as Skandagiri County situated at Skandagiri County, Phase 1 & Phase 2, Gantiganahalli Village, Nandi Hobli, Chikkaballapur Taluk & District, Karnataka, India

20. “Majority” shall mean 51% of the Members present and voting, either in person, or by proxy in any meeting with the quorum requirements as laid out in byelaw.

21. “Managing Committee” (or Management Committee or MC) shall mean the Managing Committee elected by the Association Members to manage the affairs of the Association. All Committee Members shall be Owners of plots in the layout and shall not have any amounts outstanding to the Association under any head whatsoever. They shall be elected at a meeting of the Members.

22. In the case of ownership of plots in the layout by:

    • A Trust: Trustee or any person duly authorized by the Board of Trustees shall be the Member.

    • A Registered Company: Director or any person duly authorized by the Company shall be the Member.

    • A Partnership Firm: Partner or any other person duly authorized by the firm shall be Member.

    • An Association of Persons; a person duly authorized by the Association shall be the Member.

    • A Proprietary Concern: its proprietor or any person authorized by the proprietor shall be the Member.

23. “Resident Member” shall mean any person who is an Owner as defined in these bye laws and is residing in the layout.

24. “Non-Resident Member” shall mean any person who is an Owner as defined in these bye laws but not residing in the Layout.

25. “Non-Member Residents” shall mean any person who is not a Resident Member but is wholly residing in the layout or occupying or otherwise in lawful possession/occupation of any home in the Layout. Such a non-Member resident shall have no voting rights whatsoever.

26. The term “resident” is used to represent resident Members, non-Member residents as well as associate Members and families.

27. “Home” which may also be termed as, “House” or “Apartment” or “Villa” (hereinafter referred to as home) shall mean house/apartment/villa in the Layout built for the purpose of residence of the Owner.

28. “Plot Number or Site Number or House Number or Apartment Number or Villa Number” means the number of the plot or site or house or apartment or villa designating the plot or site or house or apartment or villa as identified in the sale agreement /sale deed / Khata/Master Plan of the developer or as subsequently assigned against the names of each Member

29. “Property” means the land situated inside Skandagiri County including the boundary walls and all constructions thereon and all easement rights and appurtenances belonging thereto and all articles, property, civic and other infrastructural facilities intended for use in connection therewith.

30. “Registrar” shall mean the Registrar of Societies, appointed under the Act.

31. “Section” shall mean a Section of the Act

32. “Plot or Site” means a continuous portion of land be demarcated by definite boundary including the land within the curtilage of the building and forming its appurtenance, such as out buildings, yard, court, open space, and garden attached thereto or intended to be occupied therein.

9Membership of the Association

• Membership of the Association is based on the principle of one Plot/Home one Membership. All Plot and/or Home Owners shall automatically become a Member of the Association and deemed to be a Member of the Association and shall pay any amounts as may be decided by the General Body from time to time (Refer Annexure A).

• Upon any Owner selling his/her/their plot or home or absolutely conveying the same by way of gift, or under a will, or otherwise, the purchaser or Donee, or Legatee shall automatically become a Member of the Association with the same rights, privileges and liabilities if any as the previous Owner, and shall pay to the Association the admission fee and any amounts as under the same terms and conditions as may be specified in bye-law aforesaid.

• On the death of the Member, his/her/their plot or home shall be transferred to the person, or persons, in accordance with applicable law. The Legatee, Legal heir or the Successor shall on satisfactory completion of legal formalities, if any, automatically become a Member of the Association with the same rights, privileges and liabilities if any as the previous Member.

• In case of Joint Owners the surviving Owner(s) will continue as Member with Legatee(s) legal heir(s) or Successor(s) of deceased Member if any in accordance with applicable law. No fresh admission fee need be paid, and any deposit or other sums paid by the deceased Member shall stand transferred to the Transferee.

• Provided that the Member can at his/her option nominate his/her spouse through a joint declaration as mentioned in Annexure B, to act on behalf of the Member and to discharge all the obligations of the Members and who will have all the rights of the Member including the voting rights enjoyed by the Member till the end of a specified period as mentioned in the joint declaration or till the nomination is revoked by the Member, whichever is earlier. In case the nominated member defaults to any of the obligations of the Association, the Member shall automatically be liable in respect of all the obligations.

9.1Joint Plot or Home Owners

• When two or more persons have purchased a single plot or home together, they shall be jointly entitled to the Plot or Home and any one person shall, alone, have the right to vote.

• Such voting rights shall be exercised by the person whose name stands first in the records of the Association, unless otherwise authorized by a joint declaration by all the joint Owners of the said plot.

 

 

9.2Defaulting Membership and Disqualification

• No Member shall be entitled to vote on the question of election of the Members of the Managing Committee, or any other matter, or be entitled to stand for election to such office, if he/she/they are defaulting Members prior to the date of the election.

• The rights of such Member shall be reinstated immediately after such arrears are cleared with applicable interest.

• If a Member is found to act willfully in a manner prejudicial to the interests of the Association, the Management Committee will recommend to the AGM/SGM that his membership shall be terminated. Prior to taking this action, a notice of the impending action will be sent to the Member at least 14 days in advance giving him/her an opportunity to render any explanation of the action.

• A Member whose membership has been so terminated in an AGM/SGM is not entitled to any rights and privileges enjoyed by the other Members, or the services and facilities offered by the Association, and who shall forfeit all voting rights, whatsoever.

9.3Cessation of Membership

Membership shall cease:

• On the death of Plot or Home Owner/s.

• On a member selling, gifting exchanging or otherwise transferring the Plot or Home.

• On Winding up/Dissolution/Cessation of existence of a Trust, Company, firm, HUF, society or any other Association of persons as the case may be.

10Residential Nature of the Layout

• The Layout is purely a residential layout, and it shall not be used for any kind of commercial activities; except as specified elsewhere as regards home office, in these byelaws.

The Common Area in the Layout shall not be used for any kind of commercial activities or furtherance of any business interest, unless approved by the Managing committee and payment of stipulated fees to the Association.

• No house shall be used for any purpose other than for residential purpose unless otherwise specifically permitted by these byelaws.

 

 

11Powers and Duties of the Association (General Body)

11.1Authority

The supreme authority of the Association shall rest with the General Body, which shall be composed and formed by all the Members of the Association. The General Body may alter, rescind, add or amend the byelaws, provided that such modifications are not in conflict with the provisions of the Act or other applicable laws or Government notifications. The General Body may also frame such rules and take such decisions from time to time, as may be necessary for the smooth administration of the affairs of the Association and are not in conflict with these byelaws. The decision of the General Body shall be binding on the Members, irrespective of whether or not they were present at the time of decision making.

11.2Majority Requirements to take Decisions.

11.2.1Matters which require simple majority.

• Considering and passing of the Annual Audited Accounts

• Considering and passing of the Association’s Budget

• Appointment of Auditors and their remuneration

• Constituting the Managing Committee through elections or by way of ratification of “coopting of Members to the management committee due to resignation or departure of one or more committee Members”.

• Approval for any single item of expenditure over and above the amount specified in Annexure C under any head in the Association’s approved budget

• Entering into any agreement with any outside persons, body or entity for contracts exceeding an annual value mentioned in Annexure C

• Approval of expenditure from the Sinking Fund or other specified Reserves which is not included in the Association’s approved budget in excess of the amount specified in Annexure C

• Assess, fix and collect the charges to be realized from Members and residents for the proper management and maintenance of the layout; this shall include, but not limited to, contribution to the appropriate reserve fund, sinking fund or other funds to meet contingencies, and major periodic repairs.

• Any other matter which is deemed appropriate by the General Body concerning the affairs of the Layout, except matters which require a 2/3 majority as mentioned below.

11.2.2Matters which require 2/3 majority.

• Amendment and repeal of the byelaws (Rules and Regulations) and Memorandum of Association

• Taking such action, as may be necessary including the change of the Managing Committee Members or President or Vice President or Secretary or Treasurer after their election in an AGM/SGM and prior to the succeeding elections.

• Terminating the membership of a member under recommendation by the Managing Committee

12Meetings

12.1Annual General Body Meetings (AGM)

The AGM shall be held once every year and not later than 30 September. The following matters will be necessarily carried out in the AGM:

• Approval of the Proposed Budget for the succeeding year

• Election to the Managing Committee for the succeeding year (if applicable)

• Presentation of the Annual Report covering performance/activities of the previous year

• Presentation of audited accounts together with audit report for adoption by General Body or in the event that audited account is not ready, draft unaudited accounts for the year ended on 31 March, duly signed by the President and Treasurer, for information and discussion by the General Body

12.2Notice of Meeting

The notice in the case of the AGM/SGM shall be given not less than twenty-one days prior to such a meeting. The Notice shall state the following —

• the agenda of the meeting

• the date and time of the meeting

• the place where the meeting shall be held.

In the event that audited accounts is sought to be presented to General Body, notice should be accompanied by copy of the audited accounts duly signed by President, Treasurer and Auditor as well as signed Audit Report. In the event that unaudited accounts are sought to be presented for discussions, the notice shall be accompanied by unaudited accounts duly signed off by the President and Treasurer.

12.3Order of business at AGM

1. Receive and consider proof of the meeting, or waiver thereof.

2. Take a roll call of Members present.

3. Consider and approve minutes of the previous meeting.

4. Consider, scrutinize, approve and adopt Audited Annual accounts & Balance Sheet of Association

5. Consider, approve and initiate such action as may be necessary on reports of Secretary & Auditors

6. Consider, approve and initiate such action as may be necessary on reports, if any, submitted by the Committees

7. Consider and initiate such action as may be necessary on the report of the Registrar, or of the Officer duly authorized by him.

8. Consider and deal with appeals against any action of the Managing Committee, or against any Member thereof.

9. Consider amendments, additions or modifications to the byelaws, in accordance with the requirements of byelaw above mentioned.

10. Consider and deal with unfinished business if any.

11. Consider, and deal with any new business that may be placed before the General Body provided the same has been added to agenda within the timelines specified as per the notice of the AGM.

12. Elect Members to the Management Committee in accordance with the requirements of byelaw herein under mentioned.

13. Approve and sanction the proposed annual budget.

14. Consider and approve spends from out of Sinking Fund or other Specified Reserves

15. Approve budgets and expenditures that are not provisioned in the annual budgets.

12.4Special General Body Meetings (SGM)

An SGM may be called by the President or in his/her absence, the Secretary giving reason for such a meeting and the subjects to be discussed. An SGM shall also be called based on a request signed by not less than 1/3rd of the number of the Members of the Managing Committee or 1/10th of the total number of Members of the Association, entitled to vote, who shall state in writing the business for which they wish the meeting to be convened and the Management Committee shall, within 14 days from the date of receipt of the requisition, proceed to call a meeting for the consideration of the business stated on a day not later than 40 days from the date of receipt of the requisition. It shall be mandatory for the President, or in his absence, the Secretary, to call for such a meeting.

No other business shall be transacted at an SGM except as stated in the notice.

12.5Notice of Meeting

In case of an SGM, the MC, dependent on the urgency of the matter for which meeting is being called shall decide period of notice. However, such period shall not be less than fourteen days.

The notice shall state the following:

• the agenda of the meeting

• the date and time of the meeting

• the place where the meeting shall be held.

In the event that audited accounts is sought to be presented for adoption in the SGM, the notice should be accompanied by a copy of the audited accounts duly signed by President, Treasurer and Auditor as well as the signed Audit Report.

12.6Distribution of Notices (AGM / SGM)

• Notice of AGM / SGM shall be sent to all Members within the appropriate notice period by one or more of below modes.

  • An individual notice delivered at their house,

  • Personally handed over,

  • Sent to the Members’ e-mail addresses as provided by them,

  • Sent by ordinary post to their last known address in India.

  • Additionally, the same shall also be displayed on the notice boards of the layout.

• Notices served in one or more of the above manners shall be deemed a valid notice.

• No technical defect in the notice of the meeting shall invalidate the meeting provided agenda with date and time and place has been sent through the notice of the meeting.

• Notice shall be sent in the name of the Association duly signed by President / Treasurer / Secretary or any MC Member duly authorized by the Management Committee in this behalf.

• It is the Members’ responsibility to provide the Association with correct postal or email address for delivery of notices and non-receipt of notice by a Member shall not invalidate a meeting.

• In the event of requisition of an SGM, the notice of such meeting shall be sent within forty days of the requisition, with a minimum notice period of fourteen days.

12.7Place of Meeting for AGM / SGM

Unless otherwise explicitly indicated, all meetings shall be held in the office of the Association. But if there is no space available or if the management committee so desires, it can be held at any other place as may be decided by the MC after duly considering the convenience of majority of the Members of the Association

12.8Quorum (AGM / SGM)

• Within an hour after the appointed time for meeting, the presence in person, or by proxy, of 20% Members of the Association shall constitute the quorum for a meeting of General Body.

• In the absence of a quorum, the meeting shall be adjourned by 30 minutes. The requirement for a quorum is waived off for the adjourned meeting except in the case specified below and any decision taken at such meeting shall be binding on all Members, irrespective of their presence or otherwise during the decision making.

• Where a special meeting has been convened on a petition from the Members; if the Members present do not constitute a quorum, then the meeting shall stand cancelled.

12.9Presiding Officer for Meetings

President shall preside over all meetings as Presiding Officer / Chairperson. In the absence of the President, the Secretary shall preside over any meeting. In the absence of both the President and the Secretary, Treasurer presides over the meetings. In the absence of all the above, Management Committee may nominate any Member of the Committee present to preside over the meetings.

12.10Decisions at Meetings

All decisions taken at meetings shall be binding on all Members to whom they may apply, whether or not such Member was present and voted at the meeting. There shall be no recourse to any Member in case of any difference of opinion on any decision whatsoever, taken by the Members present in person or by proxy subject to the minimum quorum requirement (or the waiver there off) being met as specified in byelaw.

12.11Voting

Voting shall be done on the basis of membership of the Association; each Member shall be entitled to only 1 vote, irrespective of the units owned by them in Skandagiri County. Voting shall be by secret ballot (offline or online), unless otherwise decided by the Members present in the meeting.

 

 

12.12Eligibility to Vote

No Defaulting Member will be eligible for voting on the election of the MC or on any resolution being table during the AGM / SGM.

12.13Proxies

Votes shall normally be cast in person. If for any reason, a member who is entitled to vote is unable to be present, he/she/they may authorize any other person to attend the meeting and to vote, as Proxy, for him/her/them, in the form prescribed at Annexure D. However, no person shall be entitled to hold more than one Proxy.

Such authorization shall necessarily be delivered to the Secretary prior to the date of the meeting.

13Managing Committee

13.1Management of the Association

Managing Committee (hereinafter referred as MC) shall manage the affairs of the Association. The MC shall be constituted from amongst Members of the Association.

13.2Powers, Duties and Responsibilities of the MC

1. The MC shall have all the powers necessary for administration of the affairs of the Association and may do all such acts and things as are by law or by these byelaws or as approved by General Body directed to be exercised and done by the Members.

2. The MC shall have powers to nominate Members or residents to assist the MC in its day- to-day activities. The MC shall have powers to appoint Sub-Committees from amongst its Members or from residents in the layout and assign such duties to them as they deem fit for better upkeep of the layout. The formation of Sub-Committees will need to be approved by 2/3rd of the Management Committee, by voting in person.

3. The Sub-Committees so formed, shall submit their report/recommendations to the Management Committee for approval. The Management Committee will be responsible for activities of the Sub-Committees.

4. The MC shall have the power to sue, defend or pursue all legal actions for and on behalf of the Association, to institute legal proceedings and to sign all papers and documents relating thereto, except in matters specified in these byelaws to be the right or responsibility of the General Body. The MC shall have the power to authorize any of the Members of the Association as their representative(s) to represent the Association, appoint advocate(s) and take all legal steps to protect the interest of the Association and its Members.

5. The MC shall have custody of all properties of the Association, including all funds whether in cash or held as balances with the bank as Trustee of the Association. Any two of four authorized signatories from amongst the MC Members, one of whom will be the Treasurer or the Secretary, signing jointly, shall operate the bank accounts. Except for petty cash for day-to-day requirements, all funds should be kept in Bank only.

6. No MC member will have any additional privileges or access to the resources of the Association, unless it supports the larger cause of the community. For all requirements the MC members are on-par with other members and residents.

7. In addition to the duties and subject to any provisions imposed upon the MC through elsewhere in these byelaws, or by any resolution passed by the General Body, the MC shall be responsible for:

   • Care, upkeep and surveillance of the layout, including the common areas and facilities.

   • The assessment and collection of all charges towards maintenance and supply of goods and services for the general upkeep of the layout

   • Periodically reviewing the day-to-day management of Skandagiri County

   • Enter into contracts with one or more agency to maintain the layout.

   • Appointment, employment, remuneration, and dismissal of the personnel necessary for maintenance and management of the layout.

   • Setting up a proper procedure for carrying out the audit and maintaining the accounts of the Association

   • To inspect the records and examine the registers and accounts and take all steps for recovery of all sums due to the Association.

   • To sanction working expenses, maintain cash balances and deal with miscellaneous business.

   • To see that the cash book is written up properly and is duly signed by one of the MC Members so authorized in this behalf.

   • To receive suggestions/complaints/letters from the Members, residents and acknowledge and reply to them promptly.

   • To hear and deal with suggestions/complaints received from Members or residents or outsiders.

   • To make all payments to Government, semi-government and other such bodies all amounts due by the Association.

   • Present the Association’s Budget at the AGM/SGM and obtain approval.

   • Present the duly audited accounts of the Association at the AGM/SGM

   • To levy and collect all such charges as approved by the Managing Committee/AGM/SGM

   • To maintain a register of Members and residents at Skandagiri County (Refer Annexure F for Owners information). It is mandatory and binding on all Members to provide data to the MC to enable compiling the information required. All information so obtained by the MC shall be strictly kept confidential and not be made available to any outsider without the consent of the respective Member / resident. Such information shall also not be shared through any media platform unless so approved by the concerned Members or residents in writing.

   • To prepare and circulate the notices, agenda and minutes of the AGMs and SGMs

   • To raise and manage funds.

   • To authorize the opening or closing of one or more bank accounts in the name of the Association in any bank decided by it.

   • Take required action against defaulting Members, in a manner as provided in these byelaws.

Except as specifically mentioned in these bye laws, all MC decisions will be taken by a simple majority of total number of MC Members present.

13.3Estate Manager and Other Office Staff

The MC may, from time to time, and for a period it may deem fit, employ the services of an Estate Manager and other office staff to manage the day-to-day affairs and maintenance of the layout. The MC may direct such Manager/office staff to perform such duties and services at an appropriate compensation determined by them.

Such Estate Manager/office staff shall be duly empowered and authorized to act on behalf of the Members of the Association for actions pertaining to the day-to-day functioning of the layout.

 

 

13.4Election of MC Members

Elections to the MC shall be conducted in the AGM in a fair and transparent manner. An Election Committee consisting of 3 Members, shall be appointed by the MC with 2/3rd majority. The Members of the Election Committee shall neither be a Member on the Managing Committee, nor shall they contest the elections for constituting the new MC (for the election year). It shall be the duty of the Election Committee to ensure that notices are sent out along with the agenda for the AGM/SGM, that nominations filed are confirmed for validity within the due dates for confirming the nominations, that persons required to relinquish their positions do so, that the number of vacancies are announced and co-ordinate the election process. The Election Committee may take assistance of any other Member or resident if they so desire, provided such Member or resident neither is an MC Member nor is a candidate for the election.

A “Defaulting Member” at the time of nomination for election shall be debarred from standing for election to Managing Committee.

Note - Only members who are Owners of the Land Plot or Site or House or Apartment or Home in Skandagiri County (Phase 1 & Phase 2) can file their nomination to stand to get elected for MC of the Association.

13.5Officers of the Association

1. Association President, Association Vice-President, Association Secretary, Association Joint-Secretary, Association Treasurer and Association Joint-Treasurer shall form officers of Association.

2. The Committee Members shall be elected for a period of three years.

3. The retiring Office Bearers and Committee Members are eligible for re-election. Normally, no person is eligible to hold the office of President, Secretary or Treasurer for more than 2 consecutive terms. The newly elected Management Committee will vest the Authority to decide otherwise based on 2/3rd majority of all MC members present and voting.

4. Vacancies caused in the Committee by any reason shall be filled in by co-option of another non-elected Member at the Management Committee meeting held next and such newly co-opted Member shall hold office until the succeeding AGM, where the membership will be ratified by the AGM. The co-opted Member, or the Member who is elected in an AGM in such vacancy, holds the same term as the Member who he/she replaces.

 

 

13.6Removal of a Member

1. At any regular or special meeting of the General Body duly called, any one or more of the Committee Members including the President may be removed with or without cause, by a proposal signed by greater than 30% of eligible voting Members followed by 2/3rd majority of the Members voting in person and/or by proxy, and a successor may then and there be elected to fill the vacancy thus created.

2. Any Member whose removal has been so proposed shall be given an opportunity to be heard at the meeting. A person so removed shall not be eligible to stand for election to the Committee for a period of two years thereafter.

3. In the event that a Member is absent for three consecutive MC meetings without taking leave of absence in advance, he/she shall be asked to show cause as to the reason for such absence. In case the MC is convinced of the genuineness of the case, the Member shall be excused.

4. In case the MC feels that there was not enough reason to justify such absence or acts such as violation of bye laws by MC Member, the Member shall be recommended to General Body to be removed from the Management Committee and removed forthwith.

5. The MC shall cause such removal to be ratified in the next AGM.

13.7Election of the Dispute Handling Committee

General Body will appoint a 5 Member Committee comprising former office bearers or MC Members or current Non-Resident or Resident Members in the same order, who shall be responsible for handling disputes that may arise between the MC and the plot or home Owners. The persons so elected shall not be a part of the incoming MC. For any dispute resolution, minimum 2 such Members must be present.

13.8Meetings

1. First meeting of a newly elected Management Committee shall be held within two weeks of the AGM at such time and place as shall be fixed by the President and in his absence, the Secretary. The meeting shall be deemed to be constituted provided a majority of the Committee shall be present. In the event that a majority of the Committee is not present, meeting will be adjourned and held on a date and time within seven days of the said meeting, irrespective of the presence of a majority.

2. Regular meetings of the Management Committee may be held at such time, and place as shall be determined from time to time, by a majority of Members at its meeting, but at least six such meetings shall be held during each year. Notice of regular meetings of the Committee shall be given to each Member, personally or by post or email or mobile message (SMS) or social media chat platforms (like WhatsApp or Telegram) or telephone or through online Society/Association management system/platform applications at least seven days prior to the day fixed for such meeting. However, in case 2/3rd of the MC Members are present at a meeting, it is deemed that the requirement of the notice period is waived.

3. The Secretary shall maintain the minutes of all such Management Committee meetings in consultation with all the members of MC and shall cause such minutes to be recorded within 10 days of the meeting so held or up to 5 days before the next meeting, whichever is earlier.

13.9Special Meetings

Special Meetings of the Committee may be called by the President or the Secretary on notice to each Committee Member given personally or by post or e-mail or telephone which notice shall state the time, place and agenda of the meeting. The period of notice for such a meeting shall be decided by the President, dependent on the urgency of the matter to be discussed at such a meeting. The President or Secretary shall call special Meetings of the Committee in like manner and on like notice on the written request of at least two Members of the Management Committee. In case 2/3rd of the MC Members are present at such meetings, it is deemed that the required notice for the meeting has been duly served on all Members.

13.10Waiver of Notice

Before, or at any meeting of the Management Committee any MC Member may in writing waive notice for such meetings and such waiver shall be deemed equivalent to the giving of such notice. Attendance by an MC Member at any meeting of the MC shall be waiver of notice by him of the time and place thereof. If 2/3rd of the MC Members are present at any meeting of the MC, no notice shall be required, and any business may be transacted at such a meeting.

13.11Quorum for the Management Committee Meeting

At all duly held meetings of the Committee, presence of any five of its Members shall constitute a quorum for the transaction of business. Further, at least one Member out of such four Members present in the meeting shall be an office bearer to constitute a valid quorum. If at any meetings of the Committee, there be less than a quorum present, the majority of those present may adjourn the meeting to a subsequent time and date and there will be no requirement for a quorum at such adjourned meeting.

 

 

13.12Resignation of Elected Member

An elected Committee Member may resign at any time by sending a letter of resignation to the President, or in his absence to the Secretary of the Association but the resignation shall take effect from the date of meeting of the Management Committee in which the resignation is accepted or one month from tendering resignation whichever is earlier. In the event that there are more than 5 vacancies of elected Members in the MC, the MC shall within 45 days, convene an SGM to elect Members in their place. In case of resignation from the President, the Secretary will take over the President role. In case of a resignation from Treasurer or unavailability for more than 2 months consecutively, the Managing Committee will choose interim Treasurer from within MC Members with 2/3rd majority.

13.13Office Bearers

13.13.1Responsibilities of the President

The President shall be the head of the Association and shall guide and supervise its various activities. He shall preside over the AGM, SGM and Managing Committee meetings. All proceedings shall be conducted under his direction, and general supervision. He shall have an additional Casting Vote in the event of a tie in the voting. The President is assisted by MC and its sub-Committees. Responsibility of President shall include:

• All day-to-day activities relating to the proper management, maintenance and upkeep of the layout.

• Manage, and control the staff, and take disciplinary action where necessary under the guidance of the Management Committee

• Institute, initiate prosecution, and defend suits and other proceedings in which the Association may be involved.

13.13.2Responsibilities of the Secretary

The Secretary shall keep the minutes of all meetings of the Committee and the minutes of all General Body Meetings of the Association. He/she shall have charge of such books and papers as the Committee may direct and he/she shall in general perform all the duties incidental to the office of the Secretary, including the day-to-day administration of the affairs and management of the Association.

Secretary shall carry out all functions of the President in  his/her  absence. The Secretary also shall be responsible for all day-to-day activities relating to all correspondence and shall:

• Assist the President in the day-to-day functioning of the Association.

• Keep accurate minutes of the proceedings of all meetings of the Management Committee, and of the AGM/SGM

• Prepare the Annual Report, under the guidance of the MC and generally perform all such duties as are incidental to the Office of Secretary

• Maintain the Register of Members

• Maintain the Register of Association’s assets.

13.13.3Responsibilities of the Treasurer

• Ensure that Annual Returns are filed with the Registrar of Societies Responsibilities of the Treasurer

• Collect dues to the Association.

• Ensure that proper accounts are maintained of all financial transactions relating to the Association.

• Maintain a cash amount as felt appropriate to meet any incidental expenses for an amount ratified by the Managing Committee as appropriate from time to time.

• Prepare Annual Accounts under the guidance of the MC and co-ordinate to ensure that they are duly audited by the Auditor appointed by the AGM/SGM

• Prepare Annual Budget in consultation with MC and present it to the AGM.

• Deployment & custody of funds of the Association under the guidance of the MC in cash or deposits and other accounts in Scheduled Banks

14Assets

14.1Properties or Assets of the Association

Properties of the Association shall comprise inter-alia:

• All that piece and parcel of land situated within the boundary wall of Skandagiri County but excluding the plot or site or house or villa plots owned by the Members as identified by the Plot or Site or House or Apartment or villa numbers and shall include all roads, drainage whether open or covered, sewage lines, parking areas, security rooms, etc.

• All boundary wall and gates of the layout

• Generator sets, Pumps and motors used for water supply, Bore wells, Sumps and water tanks.

• Any office space, and security rooms

• Common area lights other than that owned by BESCOM (if any)

• Water supply and drainage systems outside the plot or house or apartment or home or villas

• Electrical installations other than that of BESCOM/BBMP/GRAM Panchayat

• Any addition to the layout made by the Association in the common areas and facilities.

• All the furniture and fittings in the Association office, office/other equipment, and all other assets that may be acquired from time to time.

• Any other property acquired from the funds of the Association or received by way of donations, contribution, gifts etc.

• All common/other assets installed in the common area other than those specified above

• Cash and funds in the bank, fixed deposits and other bank accounts.

• Drainage lines

• Trees and plants outside the Plot or site or house or home or villa boundaries

• Notice and sign boards put up by the Association in the common / other areas in the layout.

14.2Register of Properties

Register of properties owned by the Association shall be maintained by the Management Committee. MC shall work out annual depreciation on assets and also amount to be transferred each year to the Sinking Fund and Reserve Fund of Association for the purpose of major repairs and development of Infrastructure.

15Finance Management

The Association being a non-profit organization, all spends will be made out of monies collected in advance from the plot or site or home or house Owners / residents. The amounts so collected shall be held in Savings / Current Accounts in any scheduled Bank as decided upon by the Managing Committee. The amounts received towards Specific Reserves and Sinking Fund will only be utilized for the purposes for which they are created, and deviations therein can only be made after approval by the General Body. Pre-determined contributions to the Sinking Fund or other Special Reserves if any required shall be included in AMF bills raised on Members, based on approved budget. The amounts so received from Members will be maintained in separate bank accounts as against amounts received towards routine annual expenses. All expenditure will be incurred based on budget approved by the General Body, save as otherwise explicitly provided in these byelaws. Particularly, the following expenses shall be permitted from the Sinking Fund:

• Road maintenance

• Rectification of damages to the common area of layout

• Any major development of common areas or utilities

• Any major break downs

• Any non-annual and special maintenance / overhauling of the common amenities, e.g. Bore wells, Water tanks, Sumps, Sewage Treatment Plant, Diesel Generators sets, common electrical, motors, plumbing, drainage etc.

• Capital expenditure, including replacing plant, machinery and equipment. Planned expenditure from out of the Sinking Fund shall be expressly provided for in the budget approved by the General Body, prior to spending the same. Any unplanned capital expenditure of an urgent nature, but not exceeding the available contingency budget limits shall be spent by the MC in any Association year, without prior approval of the General Body.

15.1Source of Funds

The Association may raise funds in all or any of the following ways:

• Admission fees of the Association payable by every Member

• Monthly Maintenance Fees and Variable Maintenance Fees as may be levied by the Association from time-to-time.

• Monthly maintenance charge basis – Per square feet cost

  • In case of just land plot or site (where no construction has happened) - on entire land site or plot owned as per the sales deed agreement

  • In case of Villa or House or Home constructed on the land plot or site (where there are no multiple apartments or house) - on entire land site or plot owned as per the sales deed agreement

  • In case of building or house or apartment building (where there are multiple flats or apartments or house in a building or a complex) - as per the super built-up area of the per unit.

• Any other collections authorized for the attainment of the main objectives of the Association.

• Interest and penalties collected from Members.

• Forfeitures of deposits/advances

• Transfer fee payable by the purchaser as mentioned in Annexure E to cover the administration costs of transfer.

• Interest received from bank accounts / investments in fixed deposits in Scheduled banks made by the Association.

• Contributions, deposits, and donations from Members

• Income, which shall arise from the corpus of the Reserve, or any other Fund.

• Raising loans, if necessary, subject to such terms and conditions as the General Body may determine in this behalf.

• Levying a transaction fee as mentioned in Annexure F, whenever a lease or rental agreement is finalized with a Tenant, to cover the cost of administration charges such as cost of stickers for the car/two wheelers, handing out byelaws, updating the records related to the resident, occupancy status, etc. It shall be the responsibility of the Owner to ensure that the same is collected from the Tenants and deposited along with the duly filled in Annexure F and Annexure J before the Tenant gains entry to Skandagiri County.

• Sponsorship of sales promotional / social events at Skandagiri County

• Any scrap value realized from the disposal of consumables, disposables etc.

• Any other income or revenue generated by the Association.

• Schedule of Fees and Penalty will be the ready reckoner for the members/residents to understand the fees/dues applicable. This will be subject to change as approved by General body from time to time, or by the MC (in case the situation so warrants) under approval of 2/3rd of the MC present and voting, to be ratified by the General body at the next available opportunity.

15.2Maintenance Fees Recovery Procedure

1. The amount of Monthly Maintenance Fees (MMF) and basis of charging Variable Maintenance Fees (VMF) shall be determined by the General Body of the Association from time to time for the maintenance and upkeep of the common facilities and amenities in Skandagiri County. The MMF shall be payable by all Members and VMF shall be payable only by the Members (or their representatives) utilizing the services. All charges shall normally be payable by every Member within 15 days of invoicing (unless specified otherwise).

2. The responsibility and liability for payment of maintenance charges as fixed by the General Body shall be at all times with the Member. Under no circumstances can non- receipt of the maintenance bill/intimation be cited as reason for delayed payment.

3. No waiver of interest shall be made if a Member or resident maintains inability to pay due to non-receipt of the bill. Member / residents are expected to contact the Estate Manager and obtain a duplicate bill/intimation and ensure payment within the due date.

4. Payments not made within due date shall attract penal interest at the rate as determined by the General Body and in the event that this is not fixed by the General Body, by the MC, but not exceeding 2% per month from the date the bill became due till the payment is received from the Member / Resident.

5. In case the maintenance charges are not paid on or before the “due date”, the Association shall issue within 15 days from the due date, a notice by hand delivery or email and on notice board, demanding payment of all arrears within the next 15 days.

6. In the event of the notice by hand delivery not being accepted by the Member, a registered letter will be sent.

7. In case the Members / Residents have any dispute, he/she will follow the following steps:

   • Apply for redress of the dispute with MC within 15 days of issuance of the notice-on-notice board or email or hand delivery (whichever happens first)

   • In case the dispute is not satisfactorily resolved by MC, the MC or Member / resident will refer the matter to the Dispute Handling Committee elected by the General Body. The Dispute Handling Committee will invite the concerned Member / resident for discussions through email or letter or phone. In the event the Member / resident fails to come for discussion, the Committee will pass a decision which must have a date by which all dues must be cleared. In the event of non-payment within the timeframe (set by Dispute Handling Committee), MC shall have the right to / authorized to:

     • Deduct such dues from any deposits made by the Member and held by the Association.

     • Deny common services and facilities provided by Association, which may include Garbage collection, Cleaning, Security services, Water provided by Association etc., to Members / Residents. These services and facilities shall be restored only after realization of all arrears including accrued interest, if any.

8. The MC shall be at liberty to publish the names of the defaulters in the Notice Boards or otherwise as thought fit by MC. If, despite all attempts, recovery of the amount’s due fails, the Association may initiate legal action for recovery and / or other appropriate measures, including termination of membership.

 

 

1. No Member / resident shall exempt himself from 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 plot. It is the Member’s responsibility to ensure that his Tenant or other occupier of his house pays all dues to the Association within the due date. In the event that there is a default by a Tenant or other occupier, such default will devolve on the Member as though he has been in default and recovery proceedings will accordingly be initiated against him. The Member must ensure that prior to the Tenant or other occupier vacating the house, he obtains a ‘No Objection Certificate’ from the Association (see Annexure G).

15.3Budget

The outgoing Managing Committee shall, prepare a Budget for the financial year starting 1 April and get the same approved at the AGM. The Budget shall be based on the experience of the Committee during the previous year and taking into account escalation in cost, if any. The incoming Committee may enhance the budget up to 15% over and above the budget approved by the AGM. Any excess requirement beyond 15% of the said approved budget must be approved by an SGM.

15.4Accounts

15.4.1Accounting Year

Accounting year of the Association shall be from April to March of succeeding year.

15.4.2Books of Account

• The accounts of the Association shall be maintained by the Treasurer for each year and shall be audited by the auditors appointed by the General Body of the Association.

• The Treasurer shall cause the audited accounts together with the Audit Report to be presented to the General Body of the Association at the AGM / SGM for adoption within six months from the end of Association year i.e., by 30 September each year.

• The Accounts of the Association shall be drawn in conformity with Generally Accepted Accounting Principles and standards and guidelines set out by the Institute of Chartered Accountants of India or government / regulatory bodies in this regard, as may be applicable.

15.4.3Bank Accounts

• Bank account(s) may be opened and operated by the Managing Committee into which all monies received on behalf of the Association shall be paid. Wherever possible, payments shall be made by cheque signed as maintained in the authorized signatories’ agreement with the bankers.

• All payments in excess of Rs. 1,000 shall necessarily be made through cheque or online payment methods. And for cash payment (for payment less than Rs. 1,000), it should be specified by at least 2 signatories through the approval of payment voucher.

15.4.4Inspection of Association’s Records, including Books of Accounts

• Any Member of the Association shall have the right to inspect any record of the Association, provided he/she is not a defaulter at the time of making the request, other than personal details of Members, which are required to be kept confidential by the Association.

• Due notice of an intended inspection shall be given in writing to the Association President and / or Secretary.

• The Association President and / or Secretary shall decide time for such inspection, which shall be within 30 days of serving the notice. The place of such inspection shall be the Association’s office.

15.4.5Appointment of Auditors

• In respect of each Association year, the Association shall appoint, at its AGM / SGM, an Auditor who shall be a practicing Member of the Institute of Chartered Accountants of India, who shall audit the accounts of the Association, to be prepared by the MC as hereinbefore provided and shall issue an audit report to the Members in accordance with the guidelines and rules issued in this regard by the Institute of Chartered Accountants of India and other government and regulatory bodies, as appropriate.

• The remuneration of the Auditor will also be fixed by the AGM/SGM at the time of such appointment.

15.4.6Regulatory

The Managing Committee shall ensure that appropriate steps are taken to ensure that the Association is compliant with all applicable laws and regulations and ensure that all necessary returns are regularly filed with the regulatory bodies, particularly the Registrar of Societies and Income Tax department, as applicable.

1. Affiliations

The Managing Committee or General Body may if it is considered to be in the interests of the Owners to do so, become a Member of any established Federation, or Association of plot or site or home Owners thereof, and pay the sums from time to time, payable to such Federation / Association under the rules thereof.

 

 

16Code of Conduct

1. Every Member / resident shall observe the code of conduct as laid out by these byelaws.

2. Every Member / resident shall fully, and without delay, reimburse the Association for any expenditure in repairing or replacing any damages to the common areas and facilities caused through his / her / their action / direction.

3. Every Member / resident shall grant the right of entry to the Members of the Managing Committee, or any Person authorized by the Managing Committee, in case of any emergency originating in or threatening his / her / their house whether the Member / resident is present or not.

4. Every Member / resident shall ensure that the house is not used for any purpose other than residential, save as otherwise explicitly stated in these byelaws.

5. Prohibits the every Member / resident or any person from doing any work which would jeopardize the soundness or safety or the property or reduce the values thereof, or from adding any material structure or excavating any additional basement or cellar without authorization of competent government and the unanimous consent of all the other Member  s being first obtained.

6. It is prohibited to dust rugs, etc. from the windows, balconies or from any of the facades or to clean with shampoos at the said places.

7. No Member/ residents shall install wiring for electrical or telephone installation, television antenna, etc. on the exterior of their respective plot area or house or building except as authorized by the MC.

8. No Member / residents shall be permitted to use the Association & Security staff to run personal errands.

9. No member/resident shall indulge in arguments with the Association staff, or such other people employed by the Association from time to time. All issues will be brought to the attention of the Office of the Association for action (keeping the complainant in loop).

 

 

16.2General cleanliness

1. Every Member/Resident shall ensure that the common areas are kept clean and tidy in all respects and that garbage or trash is disposed of only as per the disposal process laid down by the MC.

2. Every Member Owner/Resident shall ensure that no garbage is thrown in front of the house in loose form and no garbage polythene bags are hung from the trees.

3. Member/Resident shall ensure that neither they nor their visitors or their guests or their servants and children throw or leave behind items like plastic bags, bottles, wastepaper, cartons, cigarette butts, etc. in any common areas or on other premises or plot other than the specified garbage container.

4. Writing slogans in common areas is strictly prohibited. Putting up posters, notices, banners, advertising boards, etc., on common areas is prohibited, unless prior approval of the MC is taken in writing.

5. Spitting and committing any sort of nuisance in any common area is strictly prohibited.

6. Member/Resident shall observe all common areas as ’NO SMOKING’ areas.

7. Dumping / storing of hazardous materials / waste anywhere in the layout is strictly prohibited.

8. Violation of these clauses shall lead to issuance of notice to the offending Member/Resident and appropriate fine as mentioned in Schedule of Fees and Penalty shall be initiated by the MC.

16.3Pets and domestic animals

1. All pets allowed inside the campus should be inoculated (as required) and registered with the Association office (per Annexure K).

2. Following categories of animals are expressly disallowed – Cow, goat, pig, cattle of any nature, any large animals, hens, pigeons, other large birds or birds of prey. Over and above the disallowed category, all pets will need to be approved by the MC. Any dispute will be referred to the dispute handling process.

3. It will be the pet owner responsibility to ensure that these pets cause no inconvenience to the other residents.

4. Pets should not be allowed to defecate in the public areas, or these should be immediately cleaned by the Owner. Any violation will be fined to the pet owners as per Schedule of Fees and Penalty.

16.4Noise and disturbance

1. It is desirable and necessary, in the interest of maintaining peace and tranquility of the layout, particularly between 2100hrs to 0700 hrs. that all Members / residents observe discipline, restrict and confine their activities within their homes, control the noise level of their audio equipment, television sets and loud conversations.

2. In the event that any Member / resident requires to conduct a party or function which may result in high noise levels or activities that may disturb the peace and tranquility of the layout and his / her neighbors in particular, or prevent or restrict ease of way to others in common areas and roads in the layout, or use a common area for the purpose, he/she must obtain prior written permission of the MC.

3. The exhaust of air conditioners shall not be kept facing the neighbor’s plot at a distance less than the minimum set back as per the setback rules of the corporation or if the same is not possible it shall be kept parallel to the building wall of the Member but under no circumstances the same can be kept facing the neighbor at a distance closer than the minimum set back area prescribed under the building regulations.

4. Tradesmen like carpenters, electricians, masons, etc., using noisy equipment like drills, hammers, planing and polishing machines etc., shall be permitted to work only between working hours as mentioned elsewhere in these byelaws (under interior work). Appropriate passes shall be obtained by the Owners / residents from the estate manager.

5. No vendors, salesmen, traders, hawkers, tradesmen, etc., shall be permitted inside the layout unless they are approved by the Managing Committee and registered their names at the security gate per Annexure L and Annexure M.

6. It shall be the responsibility of the Members / residents to ensure that their domestic servants, drivers and other staff register their names at the gate and obtain a pass as per Annexure L and Annexure M. The pass should be displayed at all times while inside the layout.

7. The security staff and/or MC is authorized to take any steps as considered appropriate by them, including prevention of entry of person other than Owners / residents inside the layout if there are grounds to believe that entry of such persons will be a threat to the security and/or peace and tranquility of the layout.

 

 

16.5Vehicle Parking

1. Members / residents shall park their vehicle only within their premises. In the event it is parked outside it shall be parked within the area earmarked for parking. All Vehicles shall be so parked that they do not protrude beyond the earmarked space.

2. In case of inadequate parking space due to a greater number of Vehicle or guests’ arrival, the additional vehicle shall be parked at the places suggested by the estate manager.

3. Material delivery vehicle and commercial vehicle shall not be allowed to park in the layout more than the time required for loading or unloading.

4. All Members / residents shall advice their guests / visitors to park their vehicle in the earmarked space.

5. Outsider’s Vehicle is not permitted to be parked in the layout and no Member / resident shall transfer/let out/ lease/permit use of his/her parking slot(s) or vacant plots to any person who is not a Member/resident.

6. All Members’/residents’ vehicle must have a valid Skandagiri County sticker (obtained after filling Annexure H) and in the event such sticker is not fixed on the vehicle, entry in the layout will be permitted only after recording the vehicle details or such other procedures as are applicable to a visitor.

7. Residents must follow the guidelines set by the Managing Committee of SCPOWA for parking their vehicles within “Skandagiri County” layout and the MC or person authorized by MC will send notices in respect of non-compliance noticed. If any Owners/residents are found to be in non-compliance even after such notices, the MC shall impose appropriate fine/penalty as determined by the General Body to ensure compliance of this rule and take such other steps as are deemed appropriate.

16.6Usage of Common Area

1. The common area as defined in the bye laws is the exclusive property of the Association. Individual Owners/ residents shall have no rights to ownership/usage of common area/property in the layout which is outside the boundary of their own plots.

2. The usage of common property shall be as per the decision / direction / guidelines of the Association.

3. Usage of Community Recreation areas, Gym, Club, etc. will be subjected to a maximum of 4 persons per plot or house or apartment or home or villa, (from names provided in the move-in form or registration details).

 

 

1. Any further usage by residents or their visitors will be subjected to a per-usage charge as per Schedule of Fees and Penalty and amended from time to time. Walk in visitors unless accompanied by resident will need to be authorized in writing by resident, without which entry will not be allowed. Usage of the facility by more than 6 people (residents + visitors) from one unit at one time should necessarily need to be pre-authorized by the manager. Any non-compliance to these rules will be penalized as per Schedule of Fees and Penalty.

2. All common areas will be kept free of all hindrances at all times to facilitate ease of maintenance and Members/residents/visitors shall not block the same in any way, park vehicles (unless authorized by MC), etc.

3. No Member/resident/other person shall encroach upon any part of the common areas. MC reserves the right to remove such obstruction from the common areas without seeking any approval from anyone.

4. All Members/residents/other persons shall follow safety procedures/instructions put forward for bursting crackers and similar festivities during festivals like Diwali, Holi, etc., to ensure safety and full enjoyment of the said festivals.

5. All Members, Residents, visitors, other persons shall follow safe driving inside the layout and will not exceed a speed limit of 20kmph (or as specified through signboards, whichever is lower) at any time within the layout.

6. Persons without a valid driving license will not be allowed to drive inside the layout and roads within the layout will not be used for teaching/learning to drive vehicles.

16.7Tenants/ Other Occupants

1. The Member must intimate the Estate Manager/MC in writing immediately upon the rented/leased premises being occupied/vacated or re-occupied.

2. The Member shall keep the estate manager updated with the details about the Tenants which includes name, contact number, e-mail ID based on which vehicle entry passes will be issued or recovered.

3. When an Owner/Tenant vacates a house they shall ensure that all dues to the Association are paid and a “No Dues Certificate” (by completing Annexure G) obtained from the Association and the same shall be produced at the security gate before the household goods are taken out failing which, they and/or their goods shall not be allowed to leave the layout.

4. It is the Member’s responsibility to inform the estate manager in writing regarding the premise remaining vacant, immediately upon the premise becoming vacant and immediately upon its re-occupation. Any waiver of VMF (if applicable) will apply from the date the notice is served or the date the premise becomes vacant, whichever is later.

5. End user purpose for tenancy will be limited to

   • Usage as a residential unit for named individuals only (along with family members / co-residents)

   • A house or apartment or home or villa in Skandagiri County will not be used for a Paying Guest accommodation, as a Guest House accommodation on payment basis by users which is commercial use (refer Clause 16.8)

   • A house or apartment or home or villa in Skandagiri County will not be used as a store/godown, etc., for purpose of moving material in and out on regular basis, and by professionals / company for commercial use.

   • Any change in end users as per records maintained by the Association should be intimated in writing by the owner, in advance, to the Estate Manager.

   • Every change in end user will be treated as a move-out and new move-in, and subject to completion of Annexure F and Annexure G, with associated fees.

6. Usage of the Community Recreation areas, Gym, Club, etc. by tenants will be subjected to nominal membership charges as per Schedule of Fees and Penalty and amended from time to time.

16.8Greenery, Trees, Preserving Water & Rainwater Harvesting

1. Plantation/cutting of trees/plants outside the plot boundaries or in any area designated as a common area shall be undertaken only by the MC or by a Member/resident after obtaining prior written approval of the MC or person authorized by MC. If so approved, below guidelines shall be followed:

   • Trees that have horizontally spreading roots that can damage the drainage and sewage systems are not allowed to be planted.

   • Trees that may grow tall enough to touch electric wires (if any) shall be avoided.

   • Trees / plants that may obstruct any common areas including but not limited to the pathways.

   • Cutting of the grown trees is not allowed. In case the tree is diseased, the MC shall be informed in writing and MC shall take appropriate action. In case the tree or plant planted in the common area (outside plot boundary) causes any obstruction, the Management Committee reserves the right to take appropriate action.

 

 

1. MC reserves the right to take a decision on any plants/trees already planted by the Residents/Owners, to align them to the above guidelines.

2. All Members and Residents shall strive to:

   • Create maximum greenery within their plot.

   • Optimize usage of water and reduce wastage.

   • Re-use the outlet water from water purifiers for washing and gardening.

   • Re-use kitchen sink water for gardening etc.

3. All Members and Residents shall construct STP to reuse the water for gardening and to recharge the ground water level. Approach MC for such advice on building or constructing Bio STP in their respective plot.

16.9Commercial Activities and Home Office

All Units shall be used exclusively for residential purpose only and Commercial activities are not permitted within the layout under any circumstances (except individual/company leases for residential use for its named Officer and their family members only). However, the following shall be permitted subject to the conditions as under –

1. Running a home office that does not disturb the residential nature of the layout, including limited movement of outsiders without causing any disturbance to neighbors and persons residing in the layout.

2. Running classes, clinics, etc. at Owners’ premises that are beneficial to persons residing in Skandagiri County, which includes tuitions, yoga, drawing, etc., will be permitted and will be covered by the above clauses. However, admittance to such classes of any person who is not residing in Skandagiri County will only be based on prior written approval from the Management Committee.

3. Commercial activities within the layout like company or leased accommodation / guest house / transit / service apartment / paying guest or otherwise unless Owners have commercial license from competent government bodies/authorities and the same is shared with MC to obtain a No Objection Certificate from MC

4. Any complaints / issues caused due to the above will be brought to the notice of the MC in writing, who will take a decision on the matter. The normal dispute handling mechanism will be invoked.

 

 

16.10Reconstruction, Repair and Interior Activities

1. A Member / his authorized representative shall obtain a No Objection Certificate (NOC) from the MC before starting any construction, major repair or Interior Work (Annexure I). The MC shall issue the NOC on submission of the following:

   • Copy of the building plan approved by recognized approval authority (in case of major civil re-work resulting in change of Super built-up area and elevation of the unit)

   • NOC from the neighbors on setbacks, based on approved plan.

   • Undertaking   that rules and norms as laid out by MC shall be followed during construction.

   • There should be No Dues outstanding to the Association.

   • Payment of the stipulated amount of security deposit (Schedule of Fees and Penalty)

   • MC shall monitor compliance on conditions of NOC including the following specifically:

• Setbacks and FAR as per the approval authority norms

• Undertaking given at the time of issuing NOC.

  1. In case of any deviations from the above, the MC shall issue notice to such Member, and the MC will treat such deviations as a violation and appropriate steps shall be taken, including suspending any further work and the right to inform any authorities.

  2. Working Hours, Days and Conditions shall be abided as below:

     • The Owner/resident/contractor must abide by the working hours, which shall be between 8am to 6pm on all working days.

     • No construction activities will be permitted on Sundays and Public Holidays, except minor repair works as provided herein below.

     • To avail one time extension in working hours if permitted, a written request will be submitted by the plot Owner/authorized representative to the Management Committee at least 3 days in advance. No noisy work or material movement is allowed during the extended working hours.

     • No workers/labour is allowed to stay inside the layout under any circumstances.

     • Workers/Contractor will display ID card issued by SCPOWA at all times while inside the layout.

     • Vehicles with construction materials shall be allowed in the layout strictly during working hours only. The vehicles seen beyond working hours in the layout shall be liable to pay a fine as mentioned in Schedule of Fees and Penalty.

     • Storage/dumping of construction materials is allowed in a plot other than one`s own only if NOC is obtained from the Owner of the said plot whose site is intended to be utilized for storage or dumping of the material. The said plot must be cleaned after the construction is completed.

     • Under no circumstances any other areas including the drain and roads shall be used for storage or dumping of any material.

     • The Member/resident/contractor as the case may shall deposit a fixed “conditionally refundable amount” as mentioned in Schedule of Fees and Penalty with the Association. The amount deposited will be refunded only if contractor/Owner have followed the norms during the construction.

     • In case of any violations, the charges as mentioned in Annexure I, shall be levied. The charge will be adjusted from the deposit amount if the same is not paid within 10 days from date of the notice of violations, and further work will be suspended till same is cleared.

     • At all times, the Member will be responsible for all action, omission and commissions of the contractors, sub- contractor, workers and other persons employed in his house.

     • Contractor / sub-contractors found breaking the rules in spite of written warnings will be permanently barred from undertaking any activities in the layout.

     • Appointment and any change in the contractor must be notified to the estate manager via Annexure I.

     • Sewage chamber at the construction site must be kept clean and covered during the construction work, as any material going inside will lead to block of sewage lines and irreparably obstruct the flow.

     • The construction sites must be well covered from all sides to avoid material falling on the neighboring houses.

     • No separate bore wells shall be permitted in the plot unless a proper water source and feasibility study is completed by competent authority and their report shared with MC for approvals.

     • Any damage to the roads or common property (digging road, etc.) must be repaired by the contractor/ site Owner. In the event that this is not carried out to the satisfaction of the MC, MC shall cause such repairs to be carried out as it considers appropriate and recover such costs from the Owner.

17Disputes Handling, Deadlocks and conflict Resolution

1. The role of Association/MC will be that of a consultant or moderator/facilitator in matters relating to:         

   • Dimensions/measurement of the sites

   • Ground or structural defect of the plot/house

   • Breach of any commitments by the seller of the house

   • Compliance with applicable building laws and regulations

2. The Association or MC will not assume any responsibility for non-compliance or illegal acts by Members/residents involving the above and other matters.

3. In case of any difficulty in interpretation of any of the Byelaws or disputes or conflicts, the Members/residents will make a written request to MC requesting for resolution.

4. In case the same is not resolved within 15 days through discussions with MC or persons appointed by it, the matter will be referred by the MC or by the petitioner to the Dispute Handling Committee appointed by the General Body, whose decision will be binding on MC as well as the petitioner.

5. Further appeal shall only be made by the MC or petitioner to the General Body by calling an SGM under signature of not less than 15% of the Members, in which event, the decision of the General Body will be final and binding on the MC and the petitioner and no further appeal shall be entertained.

18Compliance

The bye- laws are set forth to comply with the requirements of the Karnataka Societies Registration Act, 1960. In case any of these bye laws conflicts with the provisions of the said act, it is agreed and accepted that the provisions of the Act shall apply.

19Indemnity

Any elected member or office bearer of the Association shall have indemnity against all liability arising out of the acts, things, deeds done by him/her, in good faith and in agreement with the Management Committee, post proper due diligence, in performing or executing the duties entrusted to him/her by the Association.

20Amendments to the Byelaws

The Association in a duly constituted meeting may amend/modify/delete/replace these Byelaws for the purpose(s) as it may deem fit, and no amendment shall affect unless approved by at least 2/3rd of the Members who are present and voting in person (or by proxy).