BYE-LAWS of ANANDALOK SAMITI, Registration
No. 1A/88, under the West Bengal Apartment Ownership Bye-laws, 1974, passed by
a General Body Resolution on the day of month year
Anandalok
Samiti, A/1/1 CIT Scheme VIIM, Estate A, Kankurgachi SO, PS Maniktala, Kolkata
700054
Email:
samiti.anandalok@gmail.com, Blog: anandaloksamiti.blogspot.com
Chapter 1: General Information
Preamble
These Bye-laws are framed for the management, maintenance, and regulation of
the property known as “Anandalok Samiti" and for the welfare
of the owners, their families, and tenants. This association had been formed
and registered under the West Bengal Apartment Ownership Bye-laws, 1960.
1.1. Name and Address
- Name: The Association is called the “Anandalok
Samiti", since its formation in 1967.
- Registered
Office: The registered office of the
Association is located at A/1/1 CIT Scheme VIIM, Estate A, Kankurgachi SO,
PS Maniktala, Kolkata 700054.
1.2. Definitions
- Association: The “Anandalok
Samiti ".
- Member: An individual or entity who is a legally
recognised owner of an apartment/unit in the complex.
- Unit/Apartment: A self-contained portion of the property,
including its proportionate share of the common areas.
- Common Areas and
Facilities: All parts
of the property outside of the individual apartments, including lobbies,
stairways, gardens, and shared amenities.
- Board of Managers
(BoM): The executive body of the
Association elected by the members to manage its day-to-day affairs. BoM
should constitute of one-third of the members registered in the Register
of Members.
1.3. Aims and Objectives
- To manage,
maintain, and administer the common areas and facilities of the property.
- To promote the
collective interest and welfare of the members and residents.
- To enforce
compliance with all bye-laws and house rules.
- To represent the
members before government and other authorities on matters affecting the
common interests of the complex.
- This Bye Laws supersede
all previous bye laws taken by the Anandalok Samiti.
Chapter 2:
Membership
2.1. Membership and Eligibility Clauses
- Formation and Succession of
Membership
Anandalok
Samiti was constituted in the year 1967. The majority of the original members
have either deceased or permanently vacated their respective premises. In such
instances, the legal heirs of the original members, as determined in
accordance with the provisions of the Hindu Succession Act, 1956,
shall be deemed to be the present and rightful members of the Samiti. No Tenant/Lessee or Occupier can be a Member of the Anandalok Samiti,
and will have not any voice or interfere in the functioning or any decisions
taken by the Anandalok Samiti. All Tenants/Lessee or Occupier are bound to
follow the rules and regulations laid by the Anandalok Samiti, failing which
legal action should be taken against him as per law.
- Eligibility for Membership
Every individual who is either—
(i) an Original Owner
of an apartment within the premises of Anandalok Samiti; or
(ii) a legal heir of such
Original Owner in accordance with the Hindu Succession Act, 1956,
shall be automatically eligible for membership
of the Samiti, without payment of any membership fee.
In the event of any dispute or contest relating to such
eligibility, the concerned individual shall be required to submit relevant and
valid documentary evidence to the Samiti, upon which the Executive Committee
shall decide on his/her recognition for participation in the General Body
Meetings and the exercise of voting rights.
- Ineligibility of Tenants,
Lessees, or Occupiers
No
Tenant, Lessee, or Occupier shall be eligible for
membership of the Anandalok Samiti. Such individuals shall have no right of
participation, voting, or interference in the affairs, administration, or
decision-making processes of the Samiti.
All
Tenants, Lessees, or Occupiers shall remain bound by the rules, regulations,
and resolutions adopted by the Samiti. Any act of non-compliance or violation
thereof shall render the individual liable for appropriate legal proceedings
as per the applicable law.
D.
Membership
in Case of Joint Ownership
In
the case of a property held under joint ownership, only one person, as mutually
designated by the co-owners, shall be recorded as the official Member of the
Samiti and shall alone be entitled to attend General Body Meetings and to
exercise the right to vote.
E.
Maintenance of Members’ Record
The
Anandalok Samiti shall maintain an updated Register of Members, containing
details of all current members and the names of their declared legal heirs.
Such declaration shall be duly executed and acknowledged by all concerned legal
heirs and recorded by the Samiti for the purpose of ensuring transparency
regarding ownership and succession.
An
updated digital version of this record shall be maintained in electronic form
and made accessible through the official web portal of the Samiti, at
anandaloksamiti.blogspot.com
2.2. Admission to Membership
A.
Admission of Legal Heirs
Upon
the death of an Original Member, only one legal heir, as
determined in accordance with the provisions of the Hindu Succession Act,
1956, shall be entitled to be admitted as a Member of the Anandalok
Samiti. Such legal heir shall not be required to pay any admission or
membership fee for the purpose of assuming membership. The said legal heir
shall, however, be required to submit valid documentary evidence establishing
succession, to the satisfaction of the Executive Committee, before the name is
entered in the Register of Members.
B.
Admission of New Members through Sale
or Transfer
The
Anandalok Samiti shall reserve the right to deny admission to any
proposed New Member seeking membership by virtue of purchase or transfer
of any existing unit, if such admission is not approved in writing by
the Samiti.
No
purchaser or transferee of a unit shall be deemed a Member of the Samiti unless
and until the admission is duly approved by the Board of Managers (BoM)
and the requisite formalities are completed.
C.
Transfer of Membership upon Sale or
Gift
Membership of the Samiti shall be transferred
to the new owner only upon the sale, conveyance, or transfer of a
unit, and such transfer shall be subject to:
(a) the prior written consent and approval of the Board of Managers
(BoM);
(b) submission of any one or more of the
following documents as applicable:
A Deed of Conveyance, or
A Deed of Gift, and/or
A Certificate of Mutation in the name of the new owner, along with
the Deed of Sale; and
(c) Payment of a Transfer fee equivalent
to three percent (3%) of the sale value of the property/unit so
transferred as per the Deed of Sale.
Upon satisfaction of all the above conditions, the Samiti shall record
the name of the new owner as a Member in the Register of Members,
effective from the date of such approval.
D.
Interpretation and Enforcement
Any
ambiguity, dispute, or issue arising from or in relation to the interpretation
of these clauses shall be resolved by the Board of Managers, whose decision
shall be final and binding, subject to the applicable law.
The
Board of Managers may, with the prior approval of the General Body, issue
clarifications, amendments, or procedural guidelines to ensure effective
implementation of this Chapter.
2.3. Membership Fees and Dues
- Membership Application by New
Owners
Any New Owner who
purchases a unit from an existing Member shall apply for admission to
membership in the prescribed application form, addressed to the Board
of Managers (BoM).
The application shall be accompanied by duly attested copies of the
following documents:
a.
Deed
of Conveyance, or
b.
Deed
of Gift,
and/or
c.
Certificate
of Mutation in
the name of the New Owner, along with the Deed of Sale duly registered with the local Sub-Registrar.
Before such application is
considered, the applicant shall ensure that all outstanding dues, fines, and
liabilities of the previous Member (Seller) in respect of the said unit
have been fully discharged to the satisfaction of the Samiti.
Each New Owner shall pay a Membership Fee equivalent to three
percent (3%) of the sale value of the property/unit.
The said Membership Fee shall be credited to the Sinking Fund of
the Samiti.
The rate of Membership Fee may be enhanced only with the prior
approval of the General Body, passed by a resolution in a duly convened
meeting.
- Payment of Maintenance Charges
and Other Levies
All Members shall be liable
to pay monthly maintenance charges as determined and revised from time
to time by the General Body, along with any special levies or assessments
imposed under its authority.
Failure to pay the
prescribed maintenance charges or special levies for a continuous period of
three (3) months shall result in automatic suspension of membership,
until all dues are cleared with applicable fines.
If a Member defaults in
payment of maintenance or other dues for a period exceeding three (3) years,
such membership shall stand terminated, and the concerned unit holder
shall be required to reapply for membership afresh.
In such cases, re-admission shall be subject to:
(i) payment of all arrears and
fines as determined by the Board of Managers; and
(ii) payment of a re-admission fee of ₹1,50,000 (Rupees One Lakh Fifty
Thousand only), which shall be deposited into the Sinking Fund of
the Samiti.
Upon fulfilment of the
above conditions, the Board of Managers may, at its discretion,
reinstate the said Member, and record such reinstatement in the Register of
Members.
2.4. Cessation
of Membership
Membership of the Anandalok Samiti shall cease under
any of the following circumstances:
(a) Upon the sale, conveyance, or transfer of the unit owned by
the Member to any other person;
(b) Upon expulsion for cause, duly approved and resolved by the General
Body in accordance with the provisions of these Bye-Laws Section 3.6 (c)
(c) Upon non-payment of general maintenance charges or any other prescribed
fees or dues for a continuous period exceeding three (3) years; or
(d) Upon the Member being legally declared of unsound mind by a
competent court of law.
Upon cessation of membership under this clause, all rights and
privileges of the Member in the affairs and management of the Samiti shall
forthwith stand terminated, without prejudice to any legal obligations
or liabilities incurred prior to such cessation.
2.5. Defaulters
Under
the West Bengal Apartment Ownership Act, 1972, the Anandalok Samiti can
take legal action against maintenance and other defaulters, including issuing
formal notices, levying penalties, and pursuing recovery proceedings through
the Registrar of Societies or a civil court.
Non-Essential
Services such as parking, doorstep garbage collection, restriction on
participation on festivities and celebrations etc., can be enforced. Under No
Circumstances Anandalok Samiti cannot legally disconnect essential services
like power backup (DG), electricity, or water supply for non-payment of dues.
This has been established by the Supreme Court and can lead to legal issues for
the association
Chapter 3:
Governance
3.1. General Body
The General Body
shall constitute the supreme authority of the Anandalok Samiti,
and shall consist of all duly enrolled Members whose names appear in the
Register of Members and whose membership is in good standing.
The General Body shall
be vested with the ultimate control over the policies, affairs, and management
of the Samiti, and all decisions taken by it in accordance with these Bye-Laws
shall be final and binding on all Members.
3.2. Annual General Meeting (AGM)
The General Body shall convene an Annual
General Meeting (AGM) once in every financial year, and in any case within
three (3) months from the close of the financial year.
The purpose of the AGM shall include, but not
be limited to:
(i) consideration
and adoption of the audited accounts and annual report of the
Samiti;
(ii) approval
of the budget and financial estimates for the ensuing year; and
(iii) election of the Board of Managers
(BoM) or Managing Committee for the next term, in
accordance with the provisions of these Bye-Laws.
The quorum should be one-third (1/3) of the total number of Members of
the Samiti as per the Register of Members, notice period should be at
least one week in electronic format and written notice, and procedure for
conducting the AGM shall be the Secretary will call the meeting and the President,
Secretary and the Treasurer should be present in the meeting or as determined
by the General Body from time to time.
3.3. Special General Meeting (SGM)
a. A Special General Meeting
(SGM) may be convened at any time by the Board of Managers (BoM) for
the consideration of any specific or urgent matter requiring the decision of
the General Body.
b. An SGM shall also be convened
upon a written requisition submitted to the Secretary by not less than one-third
(1/3) of the total number of Members of the Samiti, clearly stating the
purpose and subject matter of the meeting.
c. No business other than that
specified in the notice convening the SGM shall be transacted at such meeting.
d.
All resolutions passed at a duly constituted SGM shall have the same binding
force and effect as those passed in an AGM.
3.4. Board of Managers (BoM)
a.
The BoM shall be
elected at the AGM and shall consist of a President, Secretary, Treasurer, and
other committee members.
b.
The term of office for
the BoM shall be one year.
c.
The BoM shall be
responsible for the day-to-day management of the Anandalok Samiti, including
financial matters, maintenance, and enforcing the bye-laws.
3.5. Powers and Duties of Office Bearers
a.
President: Shall preside over all meetings, have general control over the
Association's affairs, and have a casting vote in case of a tie.
b.
Secretary: Shall handle general administration, correspondence, and maintain
proper records, including the register of members.
c.
Treasurer: Shall be responsible for managing the accounts, collections, and
financial transactions of the Association, in coordination with the President
and Secretary.
d.
Other elected Members of the BoM shall
assist the office-bearers and shall participate in committees or
subcommittees for various operational or development works of the Samiti.
They shall perform such duties as may be assigned by the BoM or General Body
from time to time.
3.6. Vacancies, Resignation, and Removal
a.
A vacancy
in the BoM arising from resignation, death, disqualification, or removal shall
be filled by the BoM from among the Members, and such appointment shall be
ratified by the General Body at the next meeting.
b.
Any member
of the BoM may resign by submitting written notice to the Secretary.
c.
The
General Body may remove any BoM member, including office-bearers, for
dereliction of duty, misconduct, or violation of Bye-Laws, by a special
resolution passed by a two-thirds majority of Members present and voting.
Chapter 4:
Financial Management
4.1. Financial Year
a.
The Financial Year of
the Anandalok Samiti shall commence on the 1st day of April of
every year and shall conclude on the 31st day of March of the succeeding
year.
b.
All financial statements, accounts, budgets, and audits shall be prepared and
maintained in accordance with this financial cycle.
4.2. Maintenance
Charges - Determination of Charges
a.
The General Body shall, at its
Annual General Meeting, consider and approve the annual budget of the Samiti
and shall determine the monthly maintenance charges payable by each Member.
b.
Such maintenance charges may,
from time to time, be revised or restructured by a resolution of the General
Body, having due regard to the financial needs and obligations of the Samiti.
4.3. Maintenance
Charges - Due Date and Rebate
a. Maintenance charges shall be payable on or before the 10th day of
each month.
b. A rebate of five percent (5%) shall be granted to any Member who
pays the entire Annual General Maintenance Fund (GMF) and Car Parking Fees /
Garage Rent in advance, on or before the 15th day of April of the financial
year, unless otherwise notified by the Samiti.
c. Payments made after the due date shall attract penalties as
specified in Clause 4.5
4.4. Maintenance
Charges - Applicability to Tenants, Lessees, and
Occupiers
The rates of General Maintenance Fund (GMF) and Car Parking Charges
for any Tenant, Lessee, or Occupier shall be double the normal rate applicable
to Members.
The responsibility of ensuring compliance with this clause shall rest jointly
on the Member-owner and the concerned Tenant, Lessee, or Occupier.
4.5. Maintenance
Charges - Building Maintenance Responsibility
Each Member
of the Anandalok Samiti shall contribute a monthly General Maintenance
charge of ₹ 550 (Rupees Five Hundred and Fifty only) as on October 2025.
With the said contribution, all essential building maintenance works, including
masonry, repair of common external water pipelines, and associated joints,
shall be executed by a Building Committee consisting of Eight (8) unit members with
the funds of the respective building members, through a contractor of their
choice.
Only for the purpose of Building painting, the Anandalok Samiti shall
provide a lump sum grant of ₹1,50,000 (Rupees One Lakh Fifty Thousand only) to
each building, irrespective of the existence of any defaulting member within
that building. Such grants shall be extended solely for collective building
maintenance works, at intervals as determined by the Board of Managers.
4.6. Maintenance
Charges - Penalty for Delayed Payment
A penalty of ₹ 50 (Rupees Fifty only) per month
shall be levied for delayed payment of any of the following beyond the 10th day
of each month:
(i) General Maintenance Fund (GMF);
(ii) Car
Parking or Garage Rent;
(iii) Charges for Guest Parking
In addition to the above, a further fine of ten
percent (10%) shall be imposed on the total outstanding amount at the end of
each financial year, calculated on the accrued arrears.
The Board of Managers shall have the authority
to enforce such penalties and take recovery action as deemed necessary under
these Bye-Laws.
4.7. Maintenance
Charges - Sinking Fund Contributions and Utilization
The Anandalok
Samiti, being in existence for over fifty-eight (58) years, shall maintain
a Sinking Fund to ensure long-term maintenance and infrastructure renewal.
A fixed portion of the monthly maintenance collections, as may be determined by
the General Body from time to time, shall be transferred to the Sinking Fund.
The Sinking
Fund shall be utilized exclusively for:
(i) maintenance and repair of the water pump and all its accessories
including overhead
Water Tanks and roof over
staircase;
(ii) repairs to the underground water
reservoir and main water supply lines leading to the
buildings;
(iii) repair and maintenance of the sewerage
system, including the construction of new pits
and upkeep of existing ones;
(iv) major electrical maintenance of common areas and replacement of inlet
valves; and
(v) repair and resurfacing of the internal roads.
The adequacy
and utilization of the Sinking Fund shall be evaluated periodically by the
Board of Managers and reported to the General Body for review and approval.
4.8. Bank Accounts and Audit
a.
The Association shall
maintain bank accounts in the name of Anandalok Samiti, which
shall be operated jointly by the President and the Treasurer.
b.
The accounts shall be
audited annually by a qualified Chartered Accountant appointed at the AGM at
the end of the financial year. No accounts can be kept pending for more than
three months at the end of the term of the past committee.
Chapter 5: General
Rules
5.1 Use of Common Areas Outside the Buildings
The Board of Managers (BoM) shall frame,
regulate, and enforce rules and regulations governing the use of all common
amenities, including open spaces, community halls, and parking areas.
The use of common grounds for ceremonial
purposes such as marriages, Sradh, or other functions shall be restricted to
Members of the Anandalok Samiti.
a.
Members
availing such facilities shall pay a one-time fee of ₹5,000 (Rupees Five
Thousand only) to cover electricity, cleaning, and estate maintenance charges,
except for Sradh ceremonies from the date of enforcement of these
Bye-Laws.
b.
Fees
collected under this clause shall be credited to the Sinking Fund Account.
c.
Common
garage spaces may be used for small parties by Members with the prior
permission of the Cage Owners, at a fee of ₹3,000 (Rupees Three Thousand only)
per event. Fees collected shall be deposited in the Sinking Fund Account
5.2 Car Parking Charges:
A.
Members or
their legal heirs shall pay:
a.
₹ 450/-
per month for cars parked in open spaces or cages;
b.
₹ 1,200/-
per month for permanent garages;
c.
₹ 200/-
per month for two-wheeler parking, inside the campus.
d.
₹ 50/- per
day for Commercial Vehicles of Members Guests or any person other than legal
heir for a period not exceeding 7 days.
B.
Eligibility
for these rates requires submission of ownership documents in the name of the
Member or legal heir annually upon formation of the new BoM. Members who
do not own a car or has moved elsewhere cannot retain their Cage/Garage or put
it up for rent to any third party.
C.
A late
fine of ₹ 50 shall be levied for delayed payment of Car Parking and Garage Rent
beyond the 10th of each month.
D.
Commercial
or guest vehicles (defined as vehicles not owned by Members or their legal
heirs) shall pay a daily night parking fee of ₹ 50 per night. If any legal heir
residing elsewhere comes to visit the Member – can park their car registered
in their name on a daily basis up to 7 days for a sum of ₹ 50/- per day
consisting of Twenty-Four (24) Hours, exceeding which he has to pay monthly
parking of ₹ 450/- per month.
E.
Except for
Members or their legal heirs, Tenants, Lessees, or Occupiers shall be permitted
to park no more than one vehicle inside the Samiti premises.
F.
Members
and legal heirs paying Car Parking fees shall have the right to park within the
Samiti. Cages may be constructed only at designated locations, at the Member’s
cost, as approved by a majority resolution of the General Body.
G.
Vacant
garages or cages resulting from sale or disposal of vehicles may be allotted by
lottery if multiple Members seek the same space. Costs for cage transfers shall
be amicably shared between the parties concerned. The Samiti shall not be
responsible for the maintenance or repair of garages or cages, which are
constructed at Members’ expense, though rental income may be collected for
Samiti purposes.
H.
Regulations
for company-owned vehicles shall be separately drafted and approved by the BoM.
5.3 Use of Common Areas Inside the Buildings
The following areas shall be deemed common areas within the buildings:
Stairs, staircases, iron handrails, collapsible
entrance gates, staircase and building lights, roofs and access doors, padlocks
securing roofs and the main collapsible gate, rooms leading to roofs, parapet
walls.
5.3 Areas not specified above shall be maintained by the respective
Members, including:
a.
Sunshades,
internal and external water pipes, internal electrical lines from meter boxes
to individual flats and internal electrical lines, and external walls of the
flat (excluding the roof).
b.
Given the
current General Maintenance Fund (GMF) of ₹ 550 per month, roof maintenance is
the responsibility of top-floor owners. Roof repairs, drainage cleaning, and
shed construction (where applicable) shall be carried out by the top-floor
Members at their own cost. In
case of Block A and Block E, to protect the roof from continuous expansion and
contraction damage, the unit holders singly or jointly have been forced to
construct a Tin shed. In case of emergency requirement of the use of the roof,
the roof caretakers must grant permission to use the roof to any building
member residing in that building. Any masonry work, carpentry work, family
function, kite flying, and usage of the roof after darkness (except for an
emergency) is strictly prohibited.
c.
In the
event of water leakage from kitchens or bathrooms:
1.
The Member
causing the leakage shall bear responsibility for damages to lower floors or
external walls;
2.
For
common-floor joint leaks, responsibility shall be shared by both parties;
3.
Inlet
water pipe issues must be addressed by the respective unit; else the main water
valve may be shut off to prevent structural damage;
4.
Members
must ensure water from their units does not cause inconvenience or damage to
the building or other Members.
5.3 Occupant Responsibilities
A.
Members can
join the Anandalok Samiti Issues WhatsApp Group and follow the
official website anandaloksamiti.blogspot.com for updates and notices.
The BoM, comprising honorary Members, is not obliged to communicate
individually with all Members.
B.
Members
shall be responsible for the conduct of their family members, tenants, and
guests.
C.
Members
must obtain a No Objection Certificate (NOC) from the Samiti prior to selling
or leasing their unit.
D.
Before
leasing a unit, Members shall submit copies of Identity Proof, Address Proof,
and Police Verification Report to the Samiti.
5.4 Caretaker, Security, Sweeper, Plumber, and Electrician
A.
The Samiti
shall employ a Caretaker responsible for pump operations, miscellaneous odd
jobs, and daytime security duties (2 PM – 7 PM).
B.
Night
Security shall be provided by a private guard from 7 PM – 7 AM at a cost of
₹6,500 per month. Duties include:
(a) Switching off staircase lights;
(b) Inspecting common areas for miscreants between 10:30 PM and 11 PM;
(c) Locking and opening main gates for members;
(d) Reporting issues to the Building Representative, President, and Secretary.
C.
The Samiti
shall employ a Sweeper to:
(a) Collect garbage only from Members;
(b) Clean staircases twice a month (supervised by building residents);
(c) Clean common grounds on Sundays;
(d) Members must provide water, detergent, and insecticide;
(e) Ensure no disposal of kitchen/bathroom waste outside designated bins.
D.
The Anandalok
Samiti shall employ an Electrician and Plumber on a retainer basis.
(a) Members shall pay the Electrician and Plumber out-of-pocket for all
personal unit maintenance, including outside connections and pipes leading to
their flat.
5.3. Pet
Policy
Pet ownership must comply with local laws and guidelines framed by the BoM
to ensure the safety and hygiene of all residents.
5.4. Dispute
Resolution
Any dispute or disagreement between a member and the Association shall
be referred to the BoM for amicable resolution. If unresolved, the matter shall
be submitted to arbitration.
Chapter 6: Celebrations and Festivities
6.1. Celebrations
a.
The Anandalok Samiti
should each year celebrate compulsorily the 26th January and the 15th
August as Republic Day and Independence Day. The BoM should ensure that any
food packets distributed during this event should reach not only the members
attending the function but also the bed ridden members who are unable to attend
the function due to their ailments to show respect, promote team building and
unity.
b.
The Anandalok Samiti can
celebrate other such functions such as Sports for the children of the complex,
Rabindranath Tagore’s birthday, Bengali New Year, End of the Year function and
other such functions on its common ground if funds permit or by taking
contribution from the members participating in such functions. There should be
no compulsion in contribution from the members for organising such functions.
It should be approved by the BoM.
6.2.
Festivities
a.
For celebrating the
Festival of Durga Puja, Laxmi Puja and Saraswati Puja, the Anandalok Samiti
formed a separate entity Anandalok Durga Puja Committee, long back in 1968. The
Anandalok Durga Puja Committee has its separate Bank Account with the Indian
Bank, Kankurgachi Branch and an elected governing body, who are all members of
the Anandalok Samiti. There should be no compulsion for Durga Puja Contribution
and it should be absolutely voluntary. The excess funds of the Durga Puja
committee should be immediately deposited to the Bank, and not to be held by
any office bearer for personal Fixed Deposits, etc., failing which the
individual may face legal action for laundering public funds.
b.
Each year Founder’s
Day is celebrated on the Dashami evening at the Anandalok Samiti. The Anandalok
Samiti since its inception sponsors this Founder’s Day dinner with a sum, which
at present is R 20,000/- (Rupees Twenty Thousand Only). It is binding on
the part of the Anandalok Samiti to give this amount to the Durga Puja
Committee each year. However, it is not binding on part of the Durga Puja
Committee, to take this amount, and can return this amount if it has sufficient
funds in its coffers to sponsor this event. With the rising costs and
with the GMF collected from the residents, this amount should be spent on celebrations
as mentioned in point 6.1 only to promote Unity and social get togethers of the
members of the Anandalok Samiti.
Chapter 7: Amendments and Dissolution
7.1.
Amendments to Bye-laws
These Bye-laws may be amended by a resolution passed at a Special
General Meeting with a majority vote of at least two-thirds of the members
present and voting.
7.2.
Dissolution of the Association
The
Association may be dissolved in accordance with the provisions of the relevant
governing Act.
I had shared this earlier in the WhatsApp group but haven’t received any response or seen any action taken, so I’m reposting it here. As per Clause 5.3, which defines the use of common areas inside the building, there should be clear direction regarding the use of staircases for storing personal items. This ongoing issue is creating considerable inconvenience for others, particularly elderly members with health concerns.
ReplyDeletePoint added
DeleteThank you. However, it is not just discarded personal items being stored in the staircases. In several cases, owners are using these areas to store personal belongings for regular use, occupying more than half of the staircase and creating tripping hazards. This issue needs to be explicitly addressed in the bylaw.
DeleteI posted this earlier in the WhatsApp group but haven’t received any response from the BOM, so reposting. Clause 5.2 mentions members or their legal heirs for car parking but omits spouses. Since cars can be registered under a spouse’s name, this should be clarified in the clause. Please confirm that spouses are considered legal heirs in cases of inheritance.
ReplyDeleteSpouses are legai heirs in India - there are many cases where cars are in the name of the spouses or the spouses represent in the GBM.
DeleteThank you for the clarification. However, inheritance under the Hindu Succession Law in India differs from many other jurisdictions. I wanted to confirm this point, as I am not a lawyer and understand that the Samity is consulting one. Spousal rights are relatively straightforward in several other countries, but the Indian law has its own specific provisions that need to be clearly understood.
DeleteClause 2.1 B (ii) mentions only “legal heir… under the Hindu Succession Act, 1956.” Even if there are no non-Hindu owners now( not sure though), this could happen in the future, and the clause must be made inclusive.
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