Skylark Enclave Apartment Owners Association: 5 Main, Jagadishnagar, Bangalore 560 075
Skylark Enclave Apartment Owners Association: 5 Main, Jagadishnagar, Bangalore 560 075
Skylark Enclave Apartment Owners Association: 5 Main, Jagadishnagar, Bangalore 560 075
BYELAWS
e) “APARTMENT” means the building located at-5th Main, Jagdish Nagar and
known as the Skylark Enclave and includes, the land forming part thereof.
k) Fiscal Year “Fiscal Year shall be the same as the Official Year “
Record of Members
A register of members will be maintained by the secretary of SEAOA. The de-
tails about the owners, their next of kin, passport size photo etc. will be re-
corded in the register. The format for this record will be available for verifica-
tion to all flat owners.
1.5 VOTING, QUORUM & PROXIES
a) Voting: Every issue shall be decided by voting among members present or
their duly authorized representatives. Every member shall have one vote to
exercise for each residential unit owned / held by him in all Meetings of the
Association. In the event of tie, the Presiding Officer shall have a casting vote.
b) Proxy: Every member who does not personally occupy his unit in the build-
ings, or unable to present himself at the meetings or stand for election to the
Committee of Management shall have the rights to authorize in writing:-
a) Any member of his family, or
b) Any resident or non-voting member
c) A tenant or a licensee in occupation of the unit on behalf of the owner
or to take part and represent him and cast vote on his behalf in all
meetings of the association for such periods as he may so delegate and
such a vote shall take effect as if it has been cast by the member himself
in person. The written authorization shall be addressed to the Presi-
dent or the Secretary of the Association.
d) Tenants who are authorised representatives of the Apartment owners
are allowed for GBM but they will not be having voting power.
e) Disqualification: No member or his representative shall be entitled to
vote on the election of Members of the Committee or be entitled to
stand for election or co –opted to such office if he is in arrears in re-
spect of his contributions for common expenses () for more than 3
months after it falls due.
1.6 AGM and Other Meetings
General Body
The prime authority of the Association will rest with the General Body. AGM
will be held in the first quarter of each financial year (i.e. April to June)
Executive Committee
The board members also known as Owners’ Committee (EC) comprising of
President, Secretary, Treasurer and committee members will be elected by the
AGM. In addition, Executive Committee Members, not exceeding 10 mem-
bers, will also be elected by the AGM to assist the EC. Only resident owners
will be eligible to be elected as board members and Executive Committee
Members. The EC will meet minimum once in a month. The Board of Mem-
bers (EC) and executive committee members duly elected in an AGM shall
hold office for one year. However, any member will be eligible for re election
for more than one consecutive term duties of EC. If any member of OC is ab-
sent from three consecutive meetings without proper cause or warning
he/she shall forfeit EC membership. They are, however, eligible for re-
nomination and election
A. Meetings:
a) Place of the meeting: Meetings of the Association shall be held at a suitable
place convenient to the owners and as may from time to time be designated
by the Association.
b) General Body Meeting: The general body meeting, the holding of which is
mandatory, shall be called at least once in 9 months or as found necessary
by the association. A minimum of 21 days notice will be given prior to call-
ing an AGM ; such a notice will be displayed on the notice board. For spe-
cial meeting a minimum of 7 days notice will be required provided a repre-
sentation is made by 5 or more members of SEAOA.
c) Annual Meetings: The First annual meeting of the Association shall be
held within six months from the date of registration of the association An
Extra-Ordinary General Body Meeting: The President or in his absence the
Secretory may call an extra ordinary General body meeting, on receipt of a
notice in writing by at least 70% of the members or their authorized repre-
sentatives addressed to the President, giving reasons for calling such meet-
ings. It will be mandatory for the President or in his absence, the Secretory,
to call such a meeting within one month from the date of receipt of such no-
tice.
d) Special Meetings: It will be a duty of the President to call a special meeting
of the apartment owners as directed by a resolution of the Executive Com-
mittee or upon a petition signed by a majority of the owners had having
been presented to the secretary. The notice of any special meeting shall
state the time and place of such meeting and the purpose thereof. No other
business shall be transacted at a special meeting except as stated in the no-
tice without the consent of majority of the owners present in person.
e) Notice of the meeting: Secretary shall send notice of each annual or special
meeting to each member, stating the purpose thereof as well as the time
and place where it is to be held; at least 21 days prior to such meeting. The
notice shall be served through email or by post on each members of the as-
sociation besides putting up in the notice boards.
f) Adjourned Meetings: If any meetings of owners cannot be organized be-
cause a quorum has not attended, the owners who are present, may ad-
journ the meeting to a time not less than, one hour, from the time of the
original meeting was cancelled. If at such adjourned meeting also, no quo-
rum is present, the owners present in person being not less than ten shall
form a quorum.
g) Quorum of Meeting: Quorum of a meeting shall be 51% members of total
members or their authorized representatives personally present.
h) The President, or in his absence, the secretory shall preside at the General
Body Meetings. In the absence of both, the members present may choose a
chairman, one from among themselves to preside over the meetings.
i) The following matters shall be dealt exclusively by the General Body:-
1) Consideration of Annual Accounts and approving the same
2) Appointment of Auditors
3) Election and removal of Members of Executive Commit-
tee/Governing Council
4) Amendment or repeal of the rules and regulations of the associa-
tion or acts in any way against the interest of the Association.
5) Disciplinary action against any member for violation of the rules
and regulations of the association, or acts in any way against the
interest of the association.
6) Fixation or Revision of amount of fixed deposit, rate of monthly
maintenance charges and penalties for delayed payments.
7) Legal actions, suits etc. considered necessary in respect of com-
mon properties and assets, or activities of the association.
Whereas resolutions relating to items 1,2,3,6 and 7 will be on the basis of simple
majority, those relating to 4, and 5 will require 2/3 majority of those present. Any
information received via email from the registered email ID of the member will
be considered officially valid.
PRESIDENT
• Will be overall in-charge of the SEAOA and will conduct AGMs/Special
Meetings
• Is in-charge of office correspondence and records
• Is in-charge of immovable and movable assets of the Skylark Enclave
Apartment common area / facilities
• Monitor and co-ordinate the function of the other members of EC, execu-
tive members and sub committees when constituted
SECRETARY
• Call for all meetings at the appropriate time and issue intimations to all
concerned
• Operate bank account jointly with the nominated Board member
• Correspond with Government or outside organization and conduct liaison
with neighbouring organizations when need arises
• Monitor and co-ordinate all maintenance works, Annual Maintenance
Contracts (AMC), control payments thereof and ensure general supervi-
sion of general administration of all common areas and facilities
• Maintain Registers pertaining to general administration, supervise man-
power employment and prepare monthly wage payment sheets to em-
ployees
• Carry out preventive maintenance of all common facilities by timely detec-
tion of faults / failures in consultation with the President and Treasurer
• Maintain minutes of all meetings
TREASURER
• Custodian of all funds of SEAOA including corpus funds
• Maintain record of all payments and receipts
• Operate bank accounts jointly with secretary
• Prepare monthly maintenance charge bills and ensure timely collection
and deposit the collections in the bank in time.
• Timely issue of reminders to payment defaulters and report to the Presi-
dent on progress from time to time
• Preparation of Balance sheets, annual accounts, profit/loss statements,
property evaluation and presentation to the AGM
• Preparation of Budget
• Arrange for audit of accounts at the appropriate time
• The budget proposals for the next year will also be presented before the
AGM by the Treasurer
1.7 MANAGEMENT OF THE ASSOCIATION
Functions of the Owners’ Committee (EC)
a) Promote primary aim and objectives of SEAOA
b) Preparation of Annual Report, Accounts and Budget Presentation in
the AGM
c) Operation and management of funds, bank transactions and proper-
ties, ensure prompt collection of payments from residents like mainte-
nance charges etc.
d) Ensure optimum utilization of funds
e) President may co-opt members when necessary including filling in a
vacancy caused by resignation of any member of EC
f) In the event of any member of SEAOA being rendered undesirable
(due to criminal action, instability, violation of rules & regulations) the
EC may expel such an individual by 2/3rd vote at a special AGM.
g) The EC has powers to appeal, raise funds, accept donations within the
purview of the aims and objectives of SEAOA
h) Each member of the EC will have one vote and in addition the Presi-
dent will have a casting vote if there is a tie
i) To appoint sub committees with such tasks and powers as they deem
fit for the furtherance of the Administrative functions
j) To invite experts / specialists as and when considered essential
k) Recording of minutes of AGM, Special Meetings and EC meetings and
dissemination of information
l) Appointment / dismissal of employees/ sub contracts for routine func-
tioning
m) To prepare rules and amend rules with the approval of the members of
SEAOA
n) Maintenance, Operation and Monitoring including repairs / replace-
ment of
Lifts
Generator
Water pumps and Water storage and supply facilities
Sewerage and Garbage disposal facilities
Electrical, plumbing, sanitary fitments of all general /
common areas
Maintenance of gardens
Club house, swimming pool & Recreational facilities
Common garages (SEAOA Parking Slots) and staff quar-
ters
Fire fighting & other security measures.
To be the sole custodians of the corpus fund and manage
such funds as per approved laws and procedures to the
best benefit and common good of all members and resi-
dents of Skylark Enclave Apartments.
a. To garner funds for special / emergent expenditures from
residents
1.8 ACCOUNTS, AUDIT & FUND MANAGEMENT
A Bank Account
a) Bank account will be opened in one of the nationalized banks, in a branch
close to Skylark Enclave, with cheque book facility
c) Petty cash not exceeding Rs.5000/- may be kept in the personal custody of
the secretary or the treasurer
B Corpus Fund
All owners are obliged to pay a sum of Rs.10,000/- per flat / apartment of Skylark
Enclave which will be invested as per law as fixed deposit or deposits with a nation-
alized bank. This fund will be maintained as General operating reserve or for reserve
fund for improvements, replacements and re-furbishing. In case of emergency the
association may utilize the corpus fund for any capital works with in the complex
and the association will repay within one year at zero percent rate of interest thereby
absorbing the liability.
C. Sinking Fund
All residents are obliged to pay a sum as decided by the EC per flat/ apartment of
Skylark Enclave which will be invested as fixed deposit or deposits with a national-
ized bank. The sinking fund will be utilized for major/minor one-time maintenance
activity only.
An owner or his approved tenant shall grant right of entry to the elected Board
members or by a persons nominated by them in case of any emergency originating
in or threatening his/her unit, whether the owner is present there or not
1.11 Garbage Disposal
1. Garbage in sealed bags will be kept only in the disposal installation provided
and NOT anywhere else. If any monthly payment is involved, it will be col-
lected with monthly maintenance charges.
2. Administrative rules and regulations affecting daily routines will be issued by
the EC and amended from time to time to be in-keeping with the progress of
times, circumstances and contemporary events
3. The EC will issue an Aide Memoir for each flat resident and to new residents
when they move in, covering their responsibilities to pay the monthly main-
tenance charges, charges and rules for use of recreation facilities, club-house,
security deposit for tenants, economy in the use of water, electricity and other
resources of the condominium, rules for use of garage and important aspects
of conduct
MISCELLANEOUS MATTERS
1) Seal of the Association: The Association shall have a common Seal which
shall be in the custody of the secretary and shall be used only under the au-
thority of a Resolution of the Executive committee and every Deed of Instruc-
tion to which the seal is affixed shall be attested for or on behalf of the Asso-
ciation by two members of the Committee and the Secretary or any other per-
son authorized by the Association in the behalf. The seal of the association
will be affixed only for the contracts
2) Working Hours: Notice Boards: The Association has its Notice Board fixed at
some common area, on which shall be exhibited all communications, state-
ments of Accounts, annual Reports, Circulars, etc., of which notices are re-
quired to be given to the members of the Association under the rules.
3) Inspection of the Books and Records: A member shall have the right to in-
spect the books, registers and documents, minutes etc., relating to the affairs
of the Association and get copies of the document on payment of fees as may
be prescribed by the Committee.
4) Sue and be Sued: The Association being juristic person can sue and be sued
in its own name represented by the President or Treasurer or Secretary or
Board of Members.
5) Jurisdiction: For any dispute touching or arising out of these rules, the courts
in Bangalore alone shall have jurisdiction to adjudicate such matters to the ex-
clusion of all other courts situated elsewhere in the country.
7) Society Registration Act: All that is not herein specifically provided for and
including the dissolution or amalgamation and other matters, the provisions
contained in the Society Registration Act, 1960 shall be applicable.
We the several persons whose name and addresses are given below being desir-
ous of forming a society subscribe to this Society under the Karnataka Societies
Registration Act, 1960 in pursuance of and in terms of this Memorandum of As-
sociation and the Rules and Regulations, a true copy of which is attached hereto.
SI.N
Name Fathers name Position Age Address Occupation
o Signature
Arun Gopal Karunakaran Nair 317,Skylark Software
1 President 33
Koothirezhi C.M Enclave Consultant
Balavardhan Reddy
201,Skylark Home
3 Rathna Latha Tirupati Treasurer 32
Enclave Maker
Reddy(Husband)
Sub-
AVP,
Commit- 215,Skylark
4 Gopakumar P M.S.P.Panicker 41 Deutsche
tee Mem- Enclave
Bank
ber
Sub-
Gopalakrish- Commit- 208, Skylark Hardware
5 Sankara Raman 28
nan S tee Mem- Enclave Engineer
ber
Sub-
Devanand Harish Chandra Commit- 301, Skylark
6 44 Engineer
Shukla Shukla tee Mem- Enclave
ber
Venkata Kutumba Rao Sub-
Gayathri Praveen Mohan Commit- 214, Skylark Home
7 32
Tummallapalli Tummalla- tee Mem- Enclave Maker
palli(Husband) ber
Sub-
Commit- 107, Skylark Home
8 Priya Anand Anand((Husband)
tee Mem- Enclave Maker
ber
013, Skylark
9 Raghavendra Member
Enclave
Sathyanaraya- 103,Skylark
10 Member
nan Enclave
Leelavathi /
Rajesh 318,Skylark Self em-
11 Member
Enclave ployed
Brigadier
015,Skylark
13 Krishna- Member Retired
Enclave
murthy
Prabhat K 001,Skylark Software
14 Singh Member
Enclave Consultant
Sethuraman S 302,Skylark
15 Member Retired
Enclave
BANGALORE
DATE: