DRAFT OF MEMORANDUM OF ASSOCIATION AND BY-LAWS

ANNEXURE-B[BOLLINENI ZION]
NAME OF THE ASSOCIATION
1. The Association which is to be registered under the provisions of the Tamil Nadu Societies Registration Act 1975 be
known as “Bollineni Zion Residential Township Owners Welfare Association “.
REGISTERED OFFICE
2. The Registered Office of the Association shall be at …………………….
OBJECTS
3. The Objects of the Association are:-
(a) To be and to act as the Association of Members of the Residential Township in “Bollineni Zion”.
(b) To provide for the maintenance, repair and replacement of the common areas and facilities ( excluding interior
portions of the Apartments/Villas/Row Houses themselves) by contribution from the Members, and if necessary by
raising loans for the purpose.
(c) To facilitate, enable and maintain bore well and water supply arrangements.
(d) To provide security arrangement for protection of the residence and property in the Residential Township.
(e) To have possession and to protect and maintain the joint properties of the Association like lights, pumps, common
parking places, gardens, lawns, trees, litter cans and the like.
(f) To incur capital and revenue expenditure, with the consent of the Members for any necessity and to provide for
replenishment of such funds in lump sum or in installments.
(g) To establish and carry on its own account, or jointly with individuals or institutions, educational, physical, social, and
recreational activities for the benefit of the Members, including the setting up, maintenance and operation of cable
network(s) for the dissemination of TV signals, internet communication etc.
4. MEMBERSHIP:
a) All persons who have purchased a dwelling unit in “Bollineni Zion” shall automatically become the Members of the
Association.
b) No person other than a Owner can become a Member of the Association.
c) Any tenant or employee of the Owner cannot become a Member of the Association.
d) In case of joint Membership the first named person on the title deed shall be considered as Owner for the purpose of
these By-laws.
e) If any dwelling unit is sold / transferred by way of a gift / bequeathed by a Will, the purchaser/donee/beneficiary shall
be entitled to become the Member of the Association.
f) On the death of the Owner, the legal representatives shall have the right to become the Members of the Association.
g) A Member shall pay the Annual Subscription, if any, fixed from time to time and such subscription is paid on or
before April 30 of each accounting year.
ACCOUNTING YEAR
5. The official year of the Association for the purpose of accounts will commence from 1 st April to 31st March of each
Christian Calendar year.
EXECUTIVE COMMITTEE
The executive management of the affairs of the Association shall vest in an executive committee which is the governing
body of the Association and which shall consist of ten (10) resident members who shall be elected from among the
members, and the term of the members of the Executive Committee shall be for a period of two years.
6. The Executive Committee of the Association will consist of:-
(1) Chairman,
(2) Vice- Chairman
(3) Honorary Secretary
(4) Honorary Joint Secretary
(5) Honorary Treasurer

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(6) Five elected Members

7. The signatories of the Memorandum & Bye-Laws, who are members of the Association, shall be deemed to be the first
Executive Committee who will hold office for a period of two years. The next Committee will be elected by the
members in a General Meeting.
8. All the Members of the Executive Committee will be elected by the General Body at the biennial General Meeting.
9. The elections of the said Members shall be held under the supervision and direction of the Chairman of the General
Meeting, and all questions rising in connection therewith shall be decided by the Chairman.
10. Members proposed for election to the Executive Committee at the biennial General Meeting should have been
Members of the Association for a continuous period of at least 6 months before the date of the general meeting and
should have paid their subscriptions up to date.
11. Nomination for election to the Committee which should be duly proposed and seconded by two Members of the
Association and which should be signed by the Member proposed in token of his willingness to serve on the
committee, if elected, should reach the Secretary at least 5 days before the date of the General Meeting. Provided that,
if only ten or less than ten nominations are received, the persons whose nominations are so received shall be declared
elected to the Executive Committee and in case of less than ten Members being so elected the remaining seats of the
Executive Committee will be elected in that General Meeting itself if the names of any candidates present at the
meeting or proposed and seconded by any of the Members present at the meeting.
12. No person who had held an office in the executive committee for any post for a continuous period of two years shall
become eligible to hold the same post subsequently. However after a gap of two years he shall become eligible to hold
the post that he had held already.
13. The Executive Committee may co-opt. as Additional Members of the committee, not more than 5 persons who are
Members of the Association, who will be entitled to attend the meetings of the Executive Committee and to vote but
will not be entitled to hold any office. Any person so co-opted shall cease to be an Additional Member on the date of
next Annual General Meeting but will be eligible for co-option again.
POWERS OF THE EXECUTIVE COMMITTEE
14. The Executive Committee shall be entitled to exercise all such powers and to do all such acts and things as the
Association is authorized to exercise or to do provided that, the Executive Committee shall not exercise any power or
do any act or thing which is contrary to the specific directions or resolutions of the General Body of the Association or
contrary to or inconsistent with the Objects, By-Laws, Rules and Regulations of the Association.
15. The Executive Committee shall have the following powers, duties and authorities:-
(a) To do all activities for carrying out the objects of the Association.
(b) To do all acts and things as are thought fit and proper by the Executive Committee to carry out the objects of the
Association.
(c) To pay for preliminary expenses incurred in the promotion and registration of the Association.
(d) To acquire any movable or immovable property either by purchase or on lease or tenancy or on hire or gift or donation
at such consideration and on such terms and conditions as the Executive Committee may think fit.
(e) To sell any movable property, or give on lease / rent any immovable property of the Association at such
consideration and on such conditions as the Executive Committee may think fit provided that, no immovable property
will be given on lease for a period exceeding 5 years without the prior approval of the General Body.
(f) To borrow any moneys required for the purposes of the Association including the purchase, or taking on hire or lease
of any property movable or immovable or construction of any building or other structure by mortgaging or charging
any property of the Association provided that, no immovable property of the Association shall be mortgaged without
the approval of the General Body of the Association.
(g) To accept gifts or donations in money or kind or service or any immovable property on such terms and conditions as
the Executive Committee may think fit and proper, provided such conditions are not contrary to or inconsistent with
the objects of the Association.
(h) To give donations or gifts or help in money or kind to any person or Association deserving such donation gift or help
provided that, no gift or help or donation involving money or money’s worth exceeding Rs.1,000/- will be given
without the prior approval of the of the General Body of the Association.
(i) To enter into any contracts or agreements with any person or company or Body of persons for the purpose of carrying
out any of the objects or activities of the Association or in connection with the properties or affairs of the Association.
(j) To execute any documents to be executed by or in favour of the Association.

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(k) To take any legal proceedings required to be taken in the interest of the Association or to defend any legal proceedings
taken against the Association and for that purpose to authorize any Member of the Executive committee to sign and file
plaints, written statements, affidavits, petitions and other papers or documents as may be required to be signed and
filed in any court of law or other judicial or other authority.
(l) To maintain regular accounts and prepare Balance Sheet and Profit and Loss Account of each year and to get the
accounts audited by auditors of the Association.
(m) To engage any manager, clerks or other servants and to fix and pay their salaries and other emoluments and to remove
them as and when required.
(n) To control and manage all the funds and properties of the Association and create reserve funds, sinking funds and such
other funds as the Executive Committee may think fit and proper.
(o) To represent the Association in all matters and generally to do all acts and take all steps and proceedings as will be
necessary for the proper management of the Association and carrying out its aims and objects.
(p) To employ either full time / part time or on contract necessary staff for carrying out all the work related to the
Association’s responsibilities and to frame rules with approval of the General Body / Executive Committee of the
Association and after consulting the competent authority, establish a provident fund and gratuity fund if necessary, for
the benefit of the employees of the Association.
(q) To make and alter Rules and Regulations not inconsistent with these By-laws for the governing the Members and for
proper management of the Association.
(r) To fix an annual fee to be levied against each apartment for the operating, upkeep, repair and maintenance of the
Project and for repair or replacement of common hold property, and the fee levied against each dwelling unit /
apartment must be in proportion to the common hold property attached to the apartment, as shown on the plan for the
project.
(s) To determine the terms of payment of all fees with respect to the Project and change interest on payment of arrears.
(t) To appoint auditors for the Association
(u) To take proceedings in the name of the Association in the Chennai Courts against any Member who is in default of
payments due to the Association or is otherwise breach of these rules or any regulations made pursuant thereto and
seek remedies to enforce payment or remedy the breach including but not limited to the forced sale of the member’s
Apartment.
(v) To maintain and manage the common hold property for the common benefit of all the members.
(w) To insure the project and all common hold properties against all customary risks naming the Association as the
beneficiary
(x) To ensure that each member will enjoy peaceful possession and quiet enjoyment of his/her apartment and the common
hold property
(y) To delegate all or any of its power to one or more sub committees, or to a Manager or to any other person as it may
deem fit and proper.
APPOINTMENT OF A MANAGER
16. The Executive Committee may appoint a Manager who may be an individual or a firm or a company, for managing the
day to day affairs of the Association and for proper management of the infrastructure and other common facilities of
the township, for such period and on such terms and conditions as the Committee may deem fit and proper, and for
that purpose the Association may enter into a Management Agreement with the said person, firm or company.
17. The Manager so appointed shall act as the agent and representative of the Executive Committee to manage the project,
the property and assets of the Association

18. The Manager subject to the superintendence, control and direction of the Executive Committee, will execute the duties
and responsibilities.
19. The Manager may assign or delegate all or any or its duties and responsibilities to any person or persons, provided that
any such assignment or delegation shall not relieve the Manager of his / its obligations.
MEETINGS OF THE EXECUTIVE COMMITTEE
20. The Executive Committee will meet at least once in three months, or often, if necessary, on being summoned by the
Chairman or by the Secretary or on a requisition to the Secretary signed by at least three (3) Members of the Executive
Committee.

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21. Five days’ previous notice of a meeting shall be given in writing to all the Members of the Executive Committee. In
urgent cases the Chairman shall have the power to convene a meeting at a shorter notice.
22. The Chairman will preside over at the meetings of the Executive Committee. Should the Chairman be absent, the Vice-
Chairman or in his absence any other elected Member will preside over the meetings.
23. The quorum for a meeting of the Executive Committee shall be three (3) Members personally present.
24. Every question before the Executive Committee will be decided by a majority of votes of the Members present and
voting on the question, the Member presiding over the meeting will have a second or casting vote in all cases of an
equality of votes.
25. The business of the Executive Committee may also be transacted by circulation of papers. Any decision obtained on a
circular will be placed before the next meeting of the Executive Committee.
26. If a Member of the Executive Committee remains absent for three consecutive ordinary meetings of the Committee
without the permission of the Executive Committee, his seat may be declared vacant, and the Executive Committee
may in such a case fill the vacancy by co-opting any other eligible Member. All vacancies in the Executive Committee
caused by physical incapacity, death, resignation, or cessation of Membership of the Association for any reason
whatsoever during the period of office may similarly be filled by co-option.
27. However such co-opted member shall hold office only up to the date up to which the member in whose place he/she is
appointed would have held office if it had not been vacates as aforesaid.
28. The Executive Committee shall have the power to appoint one or more sub-committees from among its own Members
and / or from among other Members of the Association for the purpose of facilitating business and to assign all or some
of its duties and powers to such sub-committees. In any case the subcommittee shall not consist of more than five
members. The committee shall submit its report and will co-ordinate with the Executive Committee.
BOOKS OF ACCOUNTS AND OTHER RECORDS
29. It will be the duty of the Treasurer to keep accounts of all receipts and disbursements up to date, to collect the dues of
the Association and duly to account for all monies received and to pay in the same to the credit of the Association’s
account in such bank or banks as the Executive Committee may direct. It shall further be the duty of the Treasurer to
cause to be prepared and to lay before the Executive Committee at its meeting the following statements:
(a) an account current of receipts and disbursements during the previous months;
(b) a list of subscriptions overdue;
(c) the bank pass-books and pay-in-slips duly filled up
The Chairman of the Meeting will duly check and countersign such statements.
30. The Secretary shall keep a correct and up to date list of Members of the Association. He/She shall also make and
preserve minutes of every General Meeting and of every meeting of the Executive Committee and of its sub-
committees in separate books. It will be his/her duty to issue all notices and to conduct the correspondence etc. He/ She
will also be responsible for the care and custody of the Association’s assets.
31. All books, files, etc. maintained by the Secretary and the Treasurer will be the property of the Association and will be
kept as a record.
32. Any Member of the Association shall have a right of access to all the records at any time during the office hours of
the Association. On payment of a prescribed fee, the Member shall be granted certified copies of the records that the
Member seeks to obtain from the Association.
33. The Secretary shall be the person who is empowered and authorized to sue and be sued on behalf of the Association.
BANK ACCOUNT
34. The banking account or accounts of the Association will stand in the name of the Association or in such name as the
Association may hereafter bear.
35. All bank account of the Association will be signed and operated by the Chairman, Secretary, Treasurer and the
Manager, any two of them jointly executing the cheques drawn on behalf the Association.
GENERAL BODY
36. The General Body of the Association will consist of all the Members on the roll.
37. The Chairman of the Executive Committee will preside at all General Meetings of the Association.
38. In the absence of the Chairman, the senior most Vice-chairman will be entitled to preside over any General Meeting of
the Association.

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GENERAL MEETINGS
39. The Annual General Meeting of the Association shall be held within 3 months of the end of accounting year of the
Association.
40. The following business will be transacted at the Annual General Meeting:-
(i) adoption of minutes of the proceedings of the previous annual general meeting;
(ii) adoption of the Report of the Executive Committee for the preceding year;
(iii) consideration and adoption of the statement of the audited accounts for the preceding year;
(iv) the election of the Auditor
(v) any other business specified in the agenda of the Meeting of which notice has been received from any Member not later
than 15 days before the date of the Meeting.
41. Twenty one days’ notice shall be given in writing by the Secretary to Members before holding the Annual General
Meeting. Such notice shall be accompanied by an agenda of the business to be transacted. Non-receipt of any notice by
any Member, shall not invalidate a meeting so long as such notice is served by the Association upon any Member
either personally or by post addressed to his / her latest address recorded in the Association’s Register.
42. A Special Meeting of the General Body shall be convened by the Secretary:
(a) on a resolution to that effect by the Executive Committee, or
(b) on a requisition signed by at least one-tenth of the total number of Members on the roll of the Association and
delivered to the Secretary, whereupon such meeting shall be held within 6 weeks of the date of receipt of such
requisition.
43. The notice of such Special Meeting shall comply with the provisions of By-law 42, so far as they may be applicable;
and in case of (b) above, the agenda shall specify the items set out in such requisition.
44. At any General Meeting, whether Annual or Special, the Chairman or in his absence the Vice-Chairman present or in
the absence of any Vice-Chairman, a Chairman elected at the meeting from among those present, shall preside and
shall have a casting or second vote. The person who takes the chair at such meetings shall continue to preside till the
end of the meeting.
45. The quorum for a General Meeting Annual or Special will be twenty five (25) so long as the number of Members
exceeds 250; otherwise one-tenth of the number of Members on the roll.
46. If within fifteen minutes of the time specified for any ordinary meeting of the General Body no quorum is formed, the
business of the meeting shall be transacted at the adjourned meeting which may be held at the same place and on the
same date after one hour. Any adjourned meeting can transact business for which it was called without the necessary
quorum.
47. In case of a Special Meeting of the General Body convened on a requisition the meeting shall be considered dissolved
if no quorum is formed within 30 minutes from the scheduled hour of the meeting.
AUDIT
48. The accounts of the Association shall be audited every year by an Auditor appointed by the General Body at the
Annual General Meeting. The auditors’ report, together with the remarks, if any of the Executive Committee thereon
shall be placed before the next Annual General Meeting. Any vacancy in the office of Auditor occurring during the
year will be filled in by the Executive Committee.
DUTIES OF MEMBERS
49. Each Member shall:
(a) permit the Manager or any authorized person, at all reasonable times and on reasonable notice (except in cases of
emergency) to enter into his / her Apartment / Villa for the purpose of inspecting, maintaining and repairing the
Common hold Property
(b) pay the Association all fees, rates, taxes and premiums that may become payable in respect of his / her Apartment /
Villa;
(c) maintain his / her Apartment / Villa in a state of good repair;
(d) notify the Executive Committee immediately if there is a change of Ownership with respect to his / her Apartment /
Villa;
(e) ensure that all occupants of his / her Apartment / Villa comply with the Rules and regulations;

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(f) comply with all notices and instructions from the Executive Committee / Manager with respect to the use and
occupation of the Apartment / Villa and the Project.
RESTRICTIONS ON MEMBERS
50. No Member shall:
(a) make structural, mechanical or electrical alterations to his / her Apartment / Villa or to the Common hold Property
without the prior written consent of the Executive Committee;
(b) expose laundry to the public view by hanging it on balconies, out windows or by any other means;
(c) allow in his / her Apartment / Villa any animal, reptile or bird that is not customarily reared inside a building and
considered generally as a house pet; and all pets must be carried or on a leash when outside any Apartment / Villa;
(d) permit explosives, hazardous chemicals or firearms to be stores in any Apartment / Villa, in any part of the Project, in
its annexes or beside the Project;
(e) store any of his / her personal property in any of the Common hold Property;
(f) erect any sign or billboard on any part of the Common hold Property including the entrance to his / her Apartment /
Villa;
(g) park vehicles in other than designated parking spaces that has been assigned to his / her Apartment / Villa;
(h) allow his / her Apartment/ Villa to fall into disrepair; become infected with insects or in any way become a health
hazard to the Project;
(i) create a nuisance in the Apartment / Villa and / or the Project;
(j) use the Common hold Property for any personal use such as dusting carpets, cleaning furniture or displaying plants and
flowers;
(k) use or permit the use of the parking structure for any purpose other than parking vehicles; and
(l) make any change (including a color change) to the external appearance of the Project or its doors and windows.
CORPUS FUND
51. A special corpus fund shall be created for the purposes of effecting replacement of capital assets / equipments and the
contribution to this corpus fund shall be made at the rate of Rs…../- per square feet of the built up area of each
apartment by such apartment owners.
52. The amount contributed to corpus fund is non-refundable; hence the subsequent purchasers of the apartment need not
make a fresh contribution.
53. The corpus fund shall be invested in fixed deposits of banks / financial institutions as decided by the executive
Committee and the interest accrues there from will be used for maintenance of the apartments.
54. The principal amount of the corpus fund can be utilized by the executive Committee only after obtaining the approval
of the general body.
ALTERATION OF BY-LAWS
55. No new By-law or alteration in the By-laws of the Association shall be made unless notice thereof has been given to
the Members atleast 21 days before the meeting and unless it has been carried by a majority of not less than two thirds
of the Members present at any meeting of the General Body.
56. The Executive Committee shall have power, from time to time, to make and alter Rules not inconsistent with these By-
laws. Such Rules must be immediately entered into the official copy of the Rules of the Association which should be
open for inspection on request by any Member.
NOTICES
57. Members shall send all notices and communications addressed to the Secretary or the Manager of the Association at
its Registered Office, and only such notices will be considered as duly delivered.

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