Shivani Apartments @ Thiruvanmiyur, Chennai
Shivani Apartments, Thiruvanmiyur, Chennai
1. The name of the society is SHIVANI Owners Association.
2. The address of Shivani Owners Association is
SHIVANI, Block III (Basement), No. 40, East Coast Road, Thiruvanmiyur, Chennai, 600 041.
3. The association was formed on 18th December 2005.
4. The association is situated within the jurisdiction of Registrar of Societies, Chennai.
5. Business hours of the association is 0900 hours to 1730 hours on all working days except on Sundays and Government Holidays.
6. DEFINITIONS
In these bye-laws, unless the context otherwise requires:
a) “Bye-laws” means Bye-Laws of the Shivani Owners Association.
b) "Association" means the Shivani Owners Association.
c) “SHIVANI” or " Shivani Apartments" means the Apartment Complex consisting of three buildings viz. SHIVANI Block 1 (also known as SHIVANI I), SHIVANI Block 2 (also known as SHIVANI II), and SHIVANI Block 3 (also known as SHIVANI III), located at No. 40, East Coast Road, Thiruvanmiyur, Chennai, 600041 and includes the land forming part thereof
d) “Unit” means a specifically earmarked/identified property sold as such by the promoter whether used for residential or commercial purposes and whether self-occupied or let-out.
e) "Owner" or " apartment owner" means the person owning a unit in Shivani Apartments; and in the case of joint owners, it shall mean the first named person among the owners.
f) “Resident” or “apartment resident” means the person residing in a unit in Shivani Apartments, by way of owning it, residing in it with the consent of the owner or renting it.
g) “member of the association” means a person qualified to be a member of the Shivani Owners Association vide clause 9
h) "member” means member of the association
i) “Maintenance” means maintenance of common areas and facilities of Shivani Apartments vide clause 82
j) “Maintain” means maintain common areas and facilities of Shivani Apartments vide clause 82
k) “subscription” means subscription to the association for running the association and/or maintenance whichever is applicable in the option chosen vide clause 82
l) “Facility Manager” means an agency that provides service required to manage and maintain Shivani Apartments, like Security, Water Supply, Hygiene, Sanitation, Electrical, Plumbing etc.
m) “General Body” means all the members of the Association
n) "Managing Committee" means the governing body of the Association, to whom the management of the affairs of the Association is entrusted by the General Body.
o) "Committee" means "Managing Committee"
p) President means a member duly elected as such by the General Body and holding executive power who is the authorized person to sue or to be sued on behalf of the Association.
q) Vice-President means a member duly elected as such by the General Body who assumes the role of the President in the absence of the President .
r) Secretary means a member duly elected member as such by the General Body.
s) Joint Secretary means a member duly elected as such by the General Body and assists the secretary and assumes the role of the Secretary in the absence of the Secretary
t) Treasurer means a member duly elected as such by the General Body and is in charge of the finance of the Association.
u) Year means the Financial year (April to March)
v) Month means the English Calendar month.
7. Application of Bye-laws
All owners (present or future), and all tenants (present or future), and the employees of these owners and tenants or any other persons, who may use the facilities of Shivani Apartments in any manner, are subject to the provisions of these Bye-laws.
Each unit owner shall receive a copy of the by-laws.
The mere acquisition or occupancy, whether on rent or otherwise of any of the units will signify that these Bye-Laws are accepted, ratified and will be complied with.
8. Objects of Association
The objects of the Association shall be-
a. to provide for maintenance of Shivani Apartments vide clause 82
b. to fix the amount of subscription or any other charges/funds payable by owners and/ or residents as their share of the common expenses and the manner of collecting it. And if necessary, to raise loans for that purpose
c. to safe-keep the surplus funds of the Association subject to the framework of this byelaw
d. to provide for, and to do the needful for conducting the election of the Managing Committee
e. to take decisions regarding all or any of the following matter
the number of persons constituting the Managing Committee and their term, the powers and duties of the Committee, the compensation, if any, of the members of the Committee, and whether or not the Committee may engage the services of a Secretarial Assistant, a Manager or Managing Agent, and specifying which of the powers and duties granted to the Committee under the Act may be delegated by the Committee to either or both of them
method of calling for the meeting of the Association, Managing Committee and any other committees formed
what percentage, if other than majority of members, shall constitute a quorum in any meeting
the method of adopting and of amending the administrative rules and regulations governing the details of the operation and use of the common areas and facilities of Shivani Apartments
engagement, disengagement and replacement of the facility manager
such restrictions on the use and maintenance of the units and the use of common areas and facilities as are designed to prevent unreasonable interference with the use of their respective units and of the common areas and facilities by the several unit owners;
the percentage of the votes required to amend the bye-laws.
f. to establish and carry on its own accord or jointly with individuals or institutions educational, physical, social and re-creational activities for the benefit of unit owners;
g. to frame rules with the approval of the general meeting of the Association to establish a provident fund and gratuity fund, if necessary for the benefit of the employees of the Association;
h. to do all things necessary or expedient for the residents’ welfare and for the attainment of the objects specified in these bye-laws;
i. The Association shall not act beyond the scope of its objects without duly amending the provisions of these by-laws for the purpose.
9. Members of the Association
a. A person who is the single owner of a unit shall automatically be a permanent member of the Association.
b. Where unit has been purchased jointly by two or more persons, the first-named person alone shall be a permanent member, unless a proper instrument, in writing, by the first-named person authorizing the second or subsequent person to be a permanent member is filed with the managing committee of the association.
c. Upon the sale, bequest or transfer of a unit, the purchaser of the unit or the grantee or legatee or the transferee shall automatically become the member of the Association as per clause 9 a) or 9 b) whichever is applicable. The seller/transferor of the same unit shall automatically cease to be a member of the association.
d. Residents who are in possession of the unit as tenants, if authorized in writing by the owners, will be temporary members of the association and will act on behalf of the respective owners
e. Each unit has one member only.
f. Each member has the right to vote or appoint a proxy or nominee to vote on his/her behalf vide clause 10 and clause 11.