FERNS CITY PLOT
OWNERS ASSOCIATION
BANGALORE
MEMORANDUM OF
ASSOCIATION
AND
RULES & REGULATIONS
Registered
Address:
No.80,
FERNS
CITY,
DODDANEKUNDI,
MARATHAHALLI,
BANGALORE
560 037.
FERNS CITY PLOT
OWNERS ASSOCIATION
BANGALORE
MEMORANDUM OF ASSOCIATION
I.
Name: :
The Name of the Association shall be Ferns City Plot Owners Association
(hereinafter referred to as ‘the Association’).
II.
Registered Office:
The Registered Office of the Association shall be situated
at No.80, Ferns City, Doddanekkundi, Marathahalli, Bangalore 560 037.
III.
Objects :
1.
The objective of the
Association is to represent the collective interests of all the plot owners of
Ferns City and create a forum for plot owners of Ferns City in general and as
set out in their respective sale deeds entered into by individual plot owners
with Ferns Builders & Developers (hereinafter referred to as FBD) while
purchasing a plot in Ferns City (hereinafter referred to as the ‘layout’).
The objective of the Association is
- to ensure
the orderly maintenance of the layout for residential purposes;
- to maintain the peace, harmony and tranquility of the layout;
- to maintain the civic and other infrastructural facilities of the layout; and
- to safeguard the interest and rights of individual plot owners as members of
the Association and as plot owners in Ferns City; and
2.
The attainment of these
overall objectives involves such activities as:
(i)
maintaining the civic and
infrastructure amenities of the layout, namely, and not limited to, storm water
drainage, underground sewerage system, bore well, water connection with
underground piping system, tar mac roads, electric poles and street lights,
overhead water tanks, and compound wall around the entire layout;
(ii)
maintaining and managing any
work, subject to necessary government and regulatory approvals, for the upkeep,
and maintenance of all civic amenities and common assets of the layout;
(iii)
ensuring that the common
assets of the layout mentioned in sub – clause (i) above are accounted for and
safeguarded from losses of all kinds;
(iv)
managing matters relating to
the enjoyment by Ferns City plot owners and other residents of the layout, of
the Ferns City club and associated facilities and where required, to assist in
framing rules and regulations in connection therewith;
(v)
managing matters relating to
the enjoyment by Ferns City plot owners and other residents of the layout, of
the Ferns City shopping complex and associated facilities and where required,
to assist in framing rules and regulations in connection therewith;
(vi)
liaising and interacting with
Ferns Builders and Developers (hereinafter referred to as ‘FBD’);
(vii)
collecting and enforcing
collection from plot owners, of the annual maintenance fees towards expenses such
as salaries of security personnel, plumbers, 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,
fertilisers, etc under the Rules & Regulations framed hereunder;
(viii)
collecting and enforcing
collection of any other fees and levies that may require to be incurred for
meeting the objects of the Association and to apply the monies so collected
appropriately;
(ix)
safeguarding the rights of
individual plot owners arising from ownership of plot in Ferns City and
ensuring the discharge of the associated responsibilities;
(x)
promoting social, cultural
and recreational activities and fostering fraternity and friendship among plot
owners and other residents of the layout;
(xi)
promoting safe living in the
layout by taking steps as appropriate to protect life and property in the
layout;
(xii)
ensuring orderly maintenance
of the layout and promoting peaceful living in the layout;
(xiii)
entering into contracts or
arrangements for the supply of goods and services for the upkeep and
maintenance of civic and other infrastructural facilities of the layout;
(xiv)
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 promote creation of public
opinion leading to the 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;
(xv)
entering into any agreements
or arrangements with any organisation, 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;
(xvi)
liaising, collaborating, co –
operating with, and sharing experience with individuals and /or other bodies
and organisations with similar objectives as the Association, and
(xvii)
any other activity necessary
for the attainment of the aforementioned objectives.
3.
To acquire by purchase,
lease, grant, assignment, gift in any manner whatsoever any buildings,
equipment and vehicles in whole or in part for the purpose of the fulfillment
of the aims and objects of the Association, without detriment to the rights of
individual plot owners of the layout.
4.
To invest the money of the
Association in such proportions and at such times and upon such securities in
the interest of the Association.
5.
To
open and operate bank accounts in the name of the said Association and to draw
and accept cheques and to make, execute or issue cheques or other negotiable
instruments for and on behalf of the Association in all matters of financial
transactions.
6.
To
borrow monies from a banking company or
co-operative bank for the purposes of meeting the objectives of the
Association.
7.
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 expenditure in the first
general meeting of the Association.
8.
To frame rules and
regulations and amend the Rules & Regulations of the Association with the
approval of members in general body meetings of the Association as the
exigencies may require for effective and efficient management of the affairs of
the Association.
9.
Generally to 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 organisation.
10.
The Association shall not
make any contributions or payments in cash or in kind or in any manner
whatsoever, to any political party or institution or body or to any religious
body or institution or for any political or religious cause.
11.
That no monies will be paid
to the members or the office bearers of the Managing Committee of the
Association by way of remuneration for any services rendered for the
functioning of the Association and its Managing Committee and the fullfilment
of the objectives of the Association.
12.
The objects set forth in each
of the several clauses of paragraph 1 to 6 hereof shall have the widest
possible connotation and construction and shall in no way be limited or
restricted in reference to any other clause in its application.
IV.
Shri.P.S.Kamat, son of Shri
S.J.Kamat, aged 61 years, Profession – retired bank official, residing at Plot
No.80, Ferns City, Doddanekkundi, Marathahalli Bangalore-560 032, who is a
subscriber to this Memorandum is authorised to sign and present the Memorandum
and the Rules & Regulation before the Registrar for registration and
communicate with Registrar on behalf of the ASSOCIATION in this regard, carry
out all corrections and all communications may be sent to him by the Registrar
in this regard.
Bangalore. Dated
23rd February 2003.
SUBSCRIBERS TO THE
MEMORANDUM OF
ASSOCIATION
FERNS CITY PLOT
OWNERS ASSOCIATION
BANGALORE
(RULES &
REGULATIONS OF THE ASSOCIATION)
This ASSOCIATION shall be known
as the FERNS CITY PLOT OWNERS ASSOCIATION
(hereinafter referred to as the Association) and its Registered Office
shall be situated at No.80, Ferns City, Doddanekkundi, Marathahalli, Bangalore
560 037.
The objectives of the Association shall be as stated in the
Memorandum of Association.
The Association is empowered to
perform any and all acts, which are defined in the certificate of
incorporation, the Memorandum of Association and the Rules & Regulations of
the Association and shall do nothing which is inconsistent with their
provisions and the pronouncements and resolutions incorporated in the minutes
of the Association meetings and the meetings of the Managing Committee.
The funds of the Association shall consist of –
II.
Donations,
endowments, grants, subsidies, in cash or in kind from members and others;
III.
Loans
from banks and other financial institutions limited to 75% of the extent of the
investments and other securities of the Association.
DEFINITIONS:
a)
“Association” means FERNS CITY PLOT OWNERS
ASSOCIATION , which is the
Association of all the Plot Owners of Ferns City acting as a group in
accordance with the Rules and Regulations and constituted as such by the plot
owners of Ferns City.
b)
“Layout” or “Ferns City” means the layout of
Ferns City in its length and breadth surrounded by the layout compound wall
consisting of individual plots, roads, drainages, foot paths with all its civic
and other infrastructural facilities.
c)
“Property” means the land situated inside Ferns
City and all constructions thereon and all easements, rights and appurtenances
belonging thereto and all articles, property, civic and other infrastructural
facilities intended for use in connection therewith.
d)
“Plot” means the land in the layout, as
identified with the plot number.
e)
“Housing Unit” means a housing unit in the
layout owned by the plot owner and intended for residential use.
f)
“Person” means an individual, firm, company,
HUF, association of persons or any other such entity.
g)
“Plot Owner” or “Owner” means the person(s) owning the plots in
Ferns City.
h)
“Member” means any Plot owner whether resident
or non-resident in the layout or any Honorary member of the association.
i)
“Managing Committee” means the Committee vested
with the powers of Managing or other directory body to which the Management of
the affairs of the Association is entrusted in accordance with these Rules
& Regulations.
j)
The “Association Year” or “year” shall be from
April 1 of one year to March 31 of the succeeding year, except that the first
Association year shall be from the date of the first general meeting of the
Association till March 31, 2004.
k)
Singular includes plural and masculine gender
includes feminine gender wherever used and where applicable.
a.
The
ASSOCIATION will consist of the following classes of members – Resident
Members, Non Resident Members, and
Honorary Members.
b.
Resident
Members
Individuals who are plot owners of Ferns
City and who are resident in the Layout or within a radius of 25 kilometers
from the layout.
c.
Non
Resident Members
Individuals who are plot
owners of Ferns City but who are not resident members.
However,
the Resident or non resident member from a single housing unit can nominate a
person who is residing in the house situated on the plot owned by the Resident
or non-resident owner to represent him in the Association as an observor. However he shall not on his own exercise any
of the rights of the members, which shall be exercised only by the Resident or
non-resident members.
d.
Honorary Members
The
Association may, if it deems fit, acknowledge the services of a person, being
an individual, by admitting him as an Honorary Member of the Association. He
shall however not be burdened with any financial obligation in any manner
whatsoever nor shall he have the right to vote or hold any post in the
Association, but he shall be entitled to participate in all the meetings of the
Association.
Membership Fees
Local A/c Payee Cheque
(Demand Draft in case of outstation remittances) for the amount as may be fixed
by the Association in general meeting from time to time. The annual fee payable
by the Members towards the fixed costs of the Association shall be Re.1/- per
sqft of the plot owned by the Members. The variable costs shall be billed to
the Members by the Association based on the actual usage of the facilities by
the Members as per the unit rates fixed by the Managing Committee.
The membership fees is payable on the first day
of the Association year.
Membership fees shall be paid by the Members at
the rates and before the date fixed and as revised by the Managing Committee
from time to time.
The Honorary members shall be exempt from paying
the Membership fees.
The Association Membership shall consist of those plot owners who
have subscribed to the Memorandum of Association and those persons who have
been duly admitted by the Managing Committee to any of the classes of
membership as defined in the Rules & Regulations of the Association.
Application for membership, except Honorary members, must be made
to the Managing Committee in the prescribed form.
Membership of the Association shall cease and terminate
automatically upon the member ceasing to meet the criteria set out in Section
1. Membership of the Association shall also cease and terminate by resignation
or non – payment of dues within six months from the due date, assessments, or
other indebtedness.
A person whose membership shall have been terminated by
resignation or for non – payment of dues, assessments, or other indebtedness or
who resigned when delinquent in payment of dues, may be reinstated within one
year after the date of such termination upon written request from such person,
accompanied by tender of payment of all arrears in dues, assessments, or other
indebtedness. If more than a year has
elapsed, the person seeking reinstatement must file a new application for
membership and accompany the same with the proper application fee and payment
of all arrears in dues, assessments, or other indebtedness, for the year in
which his membership is terminated.
If a member is found to act
willfully in a manner prejudicial to the interests of the Associatiion, the
Managing Committee will recommend to the President of the Association that his
membership may be terminated. Prior to taking this action, a notice of the
impending action will be sent to the member giving him an opportunity to render
any explanation of his action.
Upon the death of a member, the
legatee / heir / successor in interest / legal representative shall comply with
all the legal procedures and intimate the Association of such compliance. The
Association shall subject to its being satisfied of the legal position, admit
the legatee / heir / successor in interest / legal representative of the
deceased member as a member having the same rights and responsibilities as the
deceased Member
Where a plot has been purchased
by two or more persons jointly and are jointly entitled to the concerned plot,
the Association shall in all matters of administration, deal with the person
whose name stands first in the sale deed and he alone shall have the right to
vote and enjoy the rights and privileges of membership, except where the said
persons have jointly nominated one of them in a written communication to the
Association either at the time of the Application for membership or at any time
later, to act on behalf of both, in which case, the person nominated alone
shall have the right to vote and enjoy the rights and privileges of membership.
CHAPTER V MANAGING
COMMITTEE AND THEIR ELECTION
The determination of the policies of the Association shall be
vested in the Managing Committee.
The Managing Committee shall be constituted as follows:
a.
Officers
of the Association – The Association President, the Association Vice President
and the Association Treasurer. The Association President, The Association Vice
president and the Association Treasurer shall be Resident members who reside in
the layout, provided that in the event that there is no candidature for the
said posts from the eligible Resident members residing within the layout, in
such an event, the other Resident members or the non resident members shall
become eligible to contest for the said posts.
b.
Nine Managing
Committee Members, elected for a period of three Association years, one – third
retiring each year, except that one – third of such Managing Committee Members
elected in the first year of the Association, shall be elected to serve during
the first year of the Association with the
tenure ending on March 31, 2004, and another one – third of such
Managing Committee Members elected in the first year, shall be elected to serve
during the first two years of the Association
with the tenure ending on March 31, 2005, the remaining one – third of
Managing Committee Members elected in the first year, shall be elected to serve
during the first three years of the Association with the tenure ending on March 31, 2006. The election of the
Managing Committee Members for each of the three categories of duration, shall
be held separately and nominations for the same shall be received separately
and ballots too shall be conducted separately. In each of the three
aforementioned categories, for one post of Managing Committee Member, only non
Resident members shall be eligible to contest, while the Resident members shall
be eligible to contest for the remaining two Posts of Managing Committee Member
Thus, at least six Managing Committee Members of the Association shall be Resident
members and at least three Managing Committee Members of the Association shall
be elected from out of non Resident members, provided that in the event that
there is no candidature from either the eligible Resident members, or the non
resident members for their respective categories for the Posts of Managing
Committee Member, the said posts shall be open to a candidature by the other
category of members.
The election process for the Officers of the
Association and the Managing Committee must be completed within six weeks from
the date of issuance of the Registration Certificate by the Registrar, and the
term of office of Managing Committee Members elected at the first meeting after
the formation of the Association may be reckoned to from the date of their
election.
After the election of the first batch of
Managing Committee Members in the first year of the Association, there shall be
only two categories of Managing Committee Members, namely, Resident members and
non-resident members, with six positions for the former and three positions for
the latter.
After the first election of the Members of the
Managing Committee, there shall be annual elections to the Managing Committee
in respect of the vacancy arising out of the retirement of three members every
year, two of which positions of members shall be filled by resident members and
one by non resident members.
c.
The
immediate past Association President, not holding other office in the
Association and who is still a member of the Association. It is clarified that
there shall be no such member for the first term of the Managing Committee of
the Association.
d.
An
Association Secretary, who is selected by the President from among the Managing
Committee who are Resident members residing in the layout.
Provided that any person who is
a member of a political party is ineligible to become a Managing Committee
Member, and that if a Managing Committee Member becomes a member of a political
party after he assumes office as a Managing Committee Member, he will, with immediate
effect, be disqualified as a Managing Committee Member
Application/Nominations for candidature for election to the
Managing Committee shall be made to the Election Committee appointed by the
Managing Committee within 21 days from the announcement of the date of Annual
General Meeting by the President of the Managing Committee.
Managing Committee Members of the Association shall be elected by
secret ballot at the annual general meeting held in the last week of April of
each year and shall hold office for a period of three years until the election
of successors, unless the term of office shall terminate or be terminated as
provided for by the Rules & Regulations of the Association or as provided
elsewhere in these Rules & Regulations of the Association.
Managing Committee Members shall be elected directly by a majority
vote of the members present and voting at a meeting at which such an election
is held.
Any Managing Committee Member may be removed for a cause by a
two–third vote of the Managing Committee, provided such Managing Committee
Member shall have been granted an opportunity for a hearing before the Managing
Committee. The Managing Committee shall
call a general meeting of the Association to be held within thirty (30) days
from the date when any such removal be voted. At such general meeting, the
Managing Committee shall make a full and complete report of the action taken in
removing the Managing Committee Member or Managing Committee Members and the
reason for such action. At such
meeting, the Office or the Offices made vacant by such action of the Managing
Committee shall be filled. A Managing
Committee Member removed by the Managing Committee may be re – elected by the
members and if so re – elected, may not again be removed by the Managing
Committee on the same ground till the conclusion of the succeeding annual
general meeting. Any Managing Committee
Member may be removed by a two – thirds vote of members of the Association
present at any duly held meeting, provided notice of such proposed action shall
have been incorporated in the notice for the meeting. Such notice shall be
mailed to the Association Members by the Association Secretary upon written
petition of one – tenth (1/10) of the resident and non resident members.
If the membership of the Association of any Managing Committee
Member shall for any reason terminate, his office as Managing Committee Member
shall automatically become vacant.
The resignation of any Managing Committee Member shall be tendered
to the Managing Committee and may be acted upon at any regular or special
meeting of the Managing Committee.
The Managing Committee shall have the power to fix the time and
date for each annual general meeting and each general meeting of the
Association, provided that the annual general meeting shall be conducted in the
last week of April of each year. The general meetings shall be conducted at the
registered address of the Association or at any other place in the Ferns City
layout or at the Ferns City Club House, as may be fixed by the Managing
Committee, and duly intimated to the Members. Notice of the general meetings of
members shall be mailed by the Secretary 21 days prior to the date fixed for
the annual general meeting of the Association, but no failure or defect of
notice shall invalidate the meeting or any business transacted or action taken
thereat.
The Managing Committee shall meet at least six times annually, at
the registered address of the Association or at any other place in the Ferns
City layout or at the Ferns City Club House.
Within 30 days from the annual general meeting, the Managing Committee
shall meet and determine the number of Managing Committee Members who shall
constitute a quorum at all Managing Committee meetings in the Association
year. At this meeting, at least half of
the Managing Committee members must be present and vote. Notice of the meeting of the Managing
Committee shall be mailed by the Secretary prior to seven days of the meeting,
or as the Managing Committee may otherwise direct, but no failure or defect of
notice shall invalidate the meeting or any business transacted or action taken
thereat.
At all general meetings of the members, the majority vote of
members present and voting will decide all matters except as provided elsewhere
in these Rules & Regulations. At all meetings of the Managing Committee,
the majority vote of Managing Committee Members present and voting will decide
all matters except as provided elsewhere in these Rules & Regulations.
The Managing Committee Members of the Association shall receive no
salaries or fees for their services.
Managing Committee Members may be reimbursed expenses incurred in the performance
of their duties subject to such approval as may be determined by the Managing
Committee.
The Elective Officers shall be the Association President,
Association Vice President, and Association Treasurer. Only Resident Members of
the Association who reside in the layout shall be eligible for election to
these offices, provided that in the event that there is no candidature for the
said posts from the eligible Resident members residing within the layout, in
such an event, the other Resident members or the non resident members shall
become eligible to contest for the said posts. No person shall hold these
offices more than one office at a time and no person shall hold office for more
than one term consecutively.
Application/Nomination for candidature for election as Elective
Officers shall be made to the Election Committee appointed by the Managing
Committee as per the Calendar of Events published by the Election Committee.
The Elective Officers of the Association shall be elected by
secret ballot in the annual general meeting held in the last week of April each
year, and shall hold office for a period of one year or until the election of
their successors, unless the term of office shall terminate or be terminated as
provided elsewhere in the bye – laws of the Association. However, in case under
unforeseen circumstances the meeting cannot be held in the last week of April
or within a period of two months thereafter, in such an eventuality, the
Elective Officers shall demit office at the expiry of a total of fourteen
months from the date of their having taken charge, and thereupon, the three
seniormost willing members of the Managing Committee shall take charge as the
acting President, Vice-President and Treasurer.
The Elective Officers shall be directly elected by a majority vote
of members present and voting at a meeting at which such election is held.
Any Elective Officer may be removed for a cause by a two – thirds
vote of the Managing Committee, provided such Officer shall have been granted
an opportunity for a hearing before the Managing Committee. The Managing Committee shall call a general
Meeting of the Association to be held within thirty (30) days from the date
when any such removal be voted. At such
general meeting, the office or offices made vacant by the Managing Committee
shall be filled.
The Officer removed by the Managing Committee may be re-elected by
the Members and if so re-elected, may not again be removed by the Managing
Committee Members on the same ground till the conclusion of the succeeding
annual general meeting. Any Officer may
be removed by two – thirds vote of the members present at any duly held general
meeting of the Association, provided notice of proposed action shall have been
incorporated in the notice for the meeting.
Such notice shall be mailed to the Members by the Secretary upon written
petition of one – tenth (1/10) of the resident and non resident members.
If any vacancy shall occur in any office by reason of death,
resignation, or otherwise, except as provided in Section 5 of this CHAPTER, the
Managing Committee is empowered to fill such office for the unexpired term of
the office so vacated.
The Elective Officers shall be eligible for re – election except
that the President and Treasurer shall not serve successive terms, provided
that this will not apply where they have currently been elected to a vacancy in
a meeting other than in the annual general meeting.
If the membership in the Association of any Officer shall for any
reason terminate, his office shall automatically become vacant.
Any resignation of any Officer shall be tendered to the Managing
Committee and may be acted upon at any regular or special meeting of the
Managing Committee.
The Association President shall be the Executive Head of the
Association and when present, shall preside at all meetings of the Association
and of the Managing Committee. He shall
be responsible for the day to day functioning of the Association and the
conduct of its affairs, the enforcement of the Rules & Regulations of the
Association and the resolutions and proceedings of the Managing Committee. He shall keep the Managing Committee of the
Association fully informed of the affairs of the Association and shall consult
the Managing Committee when necessary concerning the business of the Association
and its activities.
The Association Vice President shall have such duties and powers as may be prescribed by the Managing Committee or de