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Chapter-7 : Compliance to Law << PREVIOUS

79.      Compliance.- These by-laws are set forth to comply with the requirement of the Tamil Nadu Apartment Ownership Act,   1994.     In case any of these by-law conflict with the provisions of the said Act it is hereby agreed and accepted that the provisions of the Act will apply.

80.      Seal of the Association - The Association shall have a common seal which shall be in the custody of the Secretary and shall be used under the authority of a resolution of the Managing Committee and every Deed of Instrument to which seal is affixed shall be attested for or on behalf of the Association by two members of the Managing Committee and the Secretary or any other person authorised by the Association.

81.      Upon any deviation / violation / non compliance of these byelaws or non compliance / violation of any decision of Managing Committee by any member, the matter shall be placed before the Managing Committee for further action. Action could mean such member to be declared member in default and all common facilities to such member shall be suspended as decided by the managing committee.

Chapter-8 : Addendum-i

82.      The association shall use any one of the following options for maintaining the units:

a.           A contract / agreement exists between the individual association members and the facility manager  for the maintenance. In such a case the association shall:

  1. Allow the facility manager to collect maintenance charges directly from the individual members.
  2. Shall draw up the necessary service levels acceptable to all members which the facility manager shall provide.
  3. Will supervise the services provided by the facility manager
  4. Will act as the representative of all association members for collective bargaining and representing individual grievances.
  5. Shall charge a fixed amount from each association member annually to cover the expenses of running the association. The amount shall be recommended by the managing committee and shall be approved by the general body on a year to year basis.

b.      A facility manager is appointed for the maintenance and the contract/agreement is between the association and the facility manager. In such as case the association shall:

  1. Allow the facility manager to collect maintenance charges directly from the individual members.
  2. Shall draw up the necessary service levels acceptable to all members which the facility manager shall provide.
  3. Will supervise the services provided by the facility manager
  4. Will act as the representative of all association members for collective bargaining and representing individual grievances.
  5. Shall charge a fixed amount from each association member annually to cover the expenses of running the association. The amount shall be recommended by the managing committee and shall be approved by the general body on a year to year basis.

c.      A facility manager is appointed for the maintenance and the contract/agreement is between the association and the facility manager. In such as case the association shall:

  1. Collect the maintenance charges directly from the individual members.
  2. Shall draw up the necessary service levels acceptable to all members which the facility manager shall provide.
  3. Will supervise the services provided by the facility manager
  4. Will act as the representative of all association members for collective bargaining and representing individual grievances.
  5. Shall charge a fixed amount from each association member annually to cover the expenses of running the association. The amount shall be recommended by the managing committee and shall be approved by the general body on a year to year basis.

d.      Appoint various staff on it’s own rolls to perform all maintenance activity in house. In such a case the association shall:

  1. Collect the maintenance charges directly from the individual members.
  2. Shall hire and manage all staff on it’s rolls.
  3. Will supervise all  staff and the services provided by them.
  4. Will address all individual grievances.
  5. Shall add the cost of running the association along with the maintenance charges. The amount shall be recommended by the managing committee and shall be approved by the general body on a year to year basis.

83.       On the date of formation of the association    maintenance of  SHIVANI Apartments was being done through the use of  option  a)  mentioned in  clause 82. The same shall continue till  it is  changed.

84.       The Association  shall, through the Managing Committee   : 

a.         collect   from the builder, on behalf of all the members, and keep in their custody

             [1] all documents relating to the land forming part of the buildings like the patta, legal opinion, original sale deeds, power of attorney documents etc.,

             [2] all approvals / permits for the construction of the buildings and the provision of electricity, metro water and discharge of sewerage etc.

             [3] all drawings pertaining to the electrical, structural, plumbing, sewage and   layout plans of the  buildings,   including their computer editable soft copies.

b.            Establish the authority of the association with the builder, their agents and the facility manager maintaining the unit complex and announce their responsibility towards the association.

Chapter-9 : Addendum-ii

85.       The residential units of SHIVANI are : List of Current Residents

            Block-I   : All units in floors 3 to 9

            Block-II  : All units in floors 1 to 4

            Block-III : All units in floors 1 to 4