Byelaw

2.1 ‘Act’  means the Tamil Nadu Societies Registration Act, 1975 (Act XXVII of 1975).

2.2 “Address” means the address of the Association which is at VGN BRIXTON building Complex,  Chennai –Bangalore High Way, Vellanthangal Village (Thandalam Group) Sriperumbudur Taluk, Kancheepurm District, PIN: 602117.

2.3 “Association” means  all the members of Association of all the 20 Blocks and  four common utility Blocks constituted by such owners for the purpose of management of   Flats/apartment s, buildings, installations, premises, which shall be collectively called as “VGN BRIXTON OWNERS WELFARE ASSOCIATION” abbreviated as VBOWA.

2.4 “Blocks” means the 20 Apartment Blocks  and 4 utility facilties Block, namely, B14 to B21, C7 to C15, D4, E1, E2, 7,12,13,14,15,17, for the time being, in the first  phase and more blocks being constructed and to be added later as defined in the  Address.

2.5 “Building” means all the  buildings and structures  located at VGN BRIXTON building Complex,  Chennai –Bangalore High Way, Vellanthangal Village (Thandalam Group) Sriperumbudur Taluk, Kancheepurm District, PIN 602117 and includes the land forming  part thereof.

2.6 “Committee” means the Executive committee or Managing committee consisting of 11  elected or nominated members from the 20 Blocks defined earlier,  who shall be actively taking part to fulfil the objectives of the Association.

2.7 “Financial year” means  the accounting year of the Association which shall be from 01st April of a particular year to  31st March of the year following that.

2.8 “General Body” means the assembly of all members and their representatives on the Register  of the Association.

2.9 “Majority” of members means that members present in the voting in a meeting having  51% of the votes.

2.10 “Member” means   owner of the Flat/Apartment in the building.

2.11 “Owner”  means legal owner  of  the Flat/Apartment in  the building.

2.12 “NOC” means the “No objection Certificate” which the  Owner or the Tenant may have to obtain  from the  Committee of the Association.

2.13 “Notice Board” means a board which shall be fixed outside the wall  of the Association’s office premises and  at appropriate places in the stilt/basements of each block and  in websites owned  and operated by the Association exclusively for the bonafide members of   VBOWA, for the members to have a notice of any information displayed.

2.14 “Pet” means any domestic animal /birds/creature, like cats, dogs, Parrots, Love birds, doves, pigeon, horse,cow, buffalo, goat, sheep etc,  which the member likes to possess and maintain under his supervision in the building .

2.15 “Place” means place or venue of the meeting which shall be decided by the members of the Committee.

2.16 “Prinicipal Officers” shall mean the executive committee members who shall be designated as President, Vice-President, Honorary Secretary, and Honorary Treasurer.2.16 “Registrar” means the authority and  or Registrar as defined in clause (i) of  Section 2 of the Tamil Nadu Societies Registration Act, 1975 (Tamil Nadu Act XXVII of 1975) having jurisdiction over the area with whom the Bye-laws of the Association of Flat/apartment owners have been registered/filed under this Act.

2.17 “Stationery” means and includes all the papers, forms, note books, books of accounts, registers, minute book, ledgers and their printings etc.,

2.18 “Tenant” means  a person who shall be occupying the premises/flat/apartment in the absence of the owner occupying the premises/flat/apartment by way of paying monthly rent or lease rental for a particular period.

3.1 It was decided that the name of the Association shall be “VGN BRIXTON OWNERS WELFARE  ASSOCIATION” (VBOWA) and further resolved to register the same under the Tamil Nadu Societies Act and that the Association will function from the building at VGN BRIXTON  building Complex,  Chennai –Bangalore High Way, Vellanthangal Village (Thandalam Group) Sriperumbudur Taluk, Kancheepurm District, PIN : 602117.

3.2 The affairs of the Association shall be managed by the Executive Committee consisting  of  11 elected/ nominated members from amongst the owners of  the apartments in the building complex.

3.3 The Executive Committee members shall be directly elected or selected by the Owners  of  apartments  /Members of the Association.

3.4 The Executive Committee members shall be collectively responsible for the management of the Association.

3.5 The elected or selected Committee members will  hold the office for a period of one  year and  all the Executive Committee members shall retire on completion of their term or on election of the new members.

3.6 The Executive Committee Members shall manage the affairs of the Association and shall be  responsible to manage the day to day affairs of the Association and to the General Body.

4.1 The objects shall  be as set out in  Article-3 of the Memorandum of Association.

4.2 The Association is not a political organisation and shall not be affiliated to any political party.

4.3 The objects shall be carried out by all the Members of the Association and adhere to the rules and regulations as stipulated in the bye-laws.

4.4 The Association shall have the responsibility of management of the Flat/Apartment and its common areas in the building.

4.5 The Association shall have the powers of  approving the Annual Budget establishing rules for collection of the assessments.

4.6 Arranging for the maintenance of the entire buildings in an efficient manner.

4.7 All the activities shall be carried out by the Executive Committee of  12 Members elected/selected as well as the nominated members of the Association as per provision of the Bye-laws.

5.1 The owner of every flat/apartment  in  BRIXTON (address) , will be entitled to membership in  VGN BRIXTON OWNERS WELFARE  and Maintenance Association,  (address) .

5.2 The total number of Membership  of  VBOWA shall not exceed the number corresponding to the total number of flats/apartments in BRIXTON (address).

5.3 All persons who have purchased apartments in BRIXTON shall automatically become the members of the VGN BRIXTON OWNERS WELFARE ASSOCIATION.

5.4 The members are required  to register their membership by filing  an  application form with VBOWA ,along with the payment of Rs.1000/- (Rupees one thousand only) as admission fee and also required to give an undertaking that they shall abide by the provisions of the Bye-laws and shall fulfil  their obligations to the Association.

5.5 The membership fee is neither transferable nor refundable.

5.6 A Member  can authorise  his/her  family member, who jointly owns the apartments with him/her , to represent on his/her  behalf , in the  Special General/Annual General Meetings and to get elected or selected for the Executive Committee.

5.7 If an apartment/flat  is leased out to a tenant by the owner of the apartment/flat , concerned ,then  the  tenant shall  NOT be entitled  to membership in the Association. However  the tenant  can represent the Member , with  prior authorisation from the Member concerned , on   issues related to the  privileges, services and maintenance of the  flat/apartment concerned.

5.8 Upon  the sale or bequest  or transfer of  an  apartment/flat, the purchaser of the apartment/flat or  the grantee or legatee or the transferee  shall automatically become the Member of the Association and shall be admitted  as  Member  on payment of  the admission fee of Rs.1000/- ( Rupees One thousand only) to   VBOWA.

5.9 The members  at the  General Body Meeting , shall elect/select   their Executive Committee Members, from among  the apartment/flat owner -members  and  such selected/elected members shall take active part in executing the policies and decisions and  achieving the objectives of the association.

5.10 The first Joint-owner of  the flat/apartment, whose name appears first in the sale deed  shall be the member of the  association, even though there may be two or more joint owners of the same flat/apartment.

5.11 If a member sells  or transfers his/her   flat/apartment then he/she  ceases to be a member of the Association and he/she cannot claim his/her admission fee back from the Association.

5.12 In the event of  the sale or transfer of a flat/apartment, the owner concerned  shall inform the Association in writing, about  the intended sale or  transfer  of the flat/apartment and shall obtain NOC  from the Executive Committee , as per the rules of the Association  in vogue.

6.1 Each member of the Association shall be governed by the bye-laws of  the  Association.

6.2 Each member shall have  ONE voting right only.

6.3 A  member who  is unable to  personally  cast his vote  and  who wishes to authorise his/her proxy to cast the vote on his/her behalf, can do so and the authenticity of such proxy will be verified  by the President/Honorary Secretary.

6.4 A member who is in default /arrears  of  payment of  subscription and other dues to the  Association, shall NOT be allowed  to attend the meetings nor allowed to cast vote  either .

6.5 The  member who defaults or  in arrears of subscriptions due to the Association shall be denied of all common facilities or amenities provided in the building. 6.6 The subscription amount shall be paid annually  and the amount of the subscription shall be decided by the Executive Committee Members from  time to time.  Such  revisions may  be  put up for  post-facto approval by the majority in the Annual General Meeting.

6.7 Members  shall  pay  in advance, their  monthly  Maintenance subscription to the Association  on or before 7th  of  each month  or  annually before 7th April of  each financial year. On  the 8th of  each month  and on the 8th April of  each year, the  list of names of defaulters will be prepared and intimated to the individual member concerned for  making the payment not later than 15th of the particular month  or  15th April of  every year.

6.8 If a  Member fails to  pay all the  dues to the Association outstanding against him/her,  even after the  extension of date  or grace period  granted to him/her ,then the Executive  committee  shall  use its discretion, based on the merit,  either to impose  penalty for the delayed payment or  disconnect the services  provided  by the Association to the Member  and his flat/apartment.

6.9 Members of  the Association  shall contact the Association before letting out their flat/apartment  on lease/rental  and shall obtain ‘no objection’ certificate from the Association.

6.10 The tenant  shall abide by  all the rules and bye-laws of the Association.

6.11 Before a  tenant/lessee vacates a flat/apartment, the owner  of  the  concerned rented /leased out  flat/apartment shall contact the Association’s  office to ascertain  the dues  to the Association from  the tenant/lessee and ensure  that  the dues are paid in full and settled before vacating the apartment/flat. The onus of obtaining  ‘no due’ certificate  from the Association for the tenant  shall  be that of the owner concerned.

6.12 In  case of  proclaimed defaulter, who continues to default in the payment of subscription and other charges due to the Association, the General Body of the Association may take such action against the proclaimed defaulter, as may be required and deemed appropriate.

6.13 The Members  shall be responsible for proper conduct, behaviour and adherence  to the  Bye-laws and Rules of  the Association  and  also by their  family members, guests, visitors, representatives, agents, servants, drivers and other personal staff.6.14 The Members are responsible for the safety, security, environment and  saving of energy inside and common areas of their buildings.
6.15 No member can alter/change the structure or colour of the painting, grills, windows frames, on the external area, which  shall affect the aesthetics/elevation  and safety of the building complex.

6.16 Members shall obtain prior approval  in writing from the Association, for making any alterations or internal changes to the structure in their flat/apartment/building  by adding construction materials or  removing  any portion  of  construction ,from the existing structure, after due inspection  and certification  by a qualified and certified  engineer or statutory  authority, for ensuring  that the super structure of the building is not damaged.

6.17 Issues  related to  seepages /leakage inside the flats/apartments  of the private owned areas  shall be  dealt by  the respective resident owners,  where necessary with the intervention of the  Association. Such  issues will be assessed by the Association based on the priority , the process, quantum of work, time, labour and material involved  and appropriate  estimate will be presented by the Association.  While the cost of the work related to common areas of  the  complex  will be borne by all the Members of the Association, and those  pertaining to the private-owned area  of owners of  flats/apartments  shall be borne by the  respective owner Members.

6.18 It shall be the responsibility of every  Member of the Association and the residents to co-operate  with the  office bearers in  the conduct of the business of the Association, in  maintaining  dignity, cordial and harmonious  atmosphere  to live in and  proper upkeep of  the premises.

6.19 This  Bye-law  is to be treated as guidelines to maintain the building complex of the Association in more effective  manner . Necessary  additions or deletions  can be made  to this bye-law,  duly proposed  and put up  by the Executive Committee  and through a resolution  passed in the   General Body Meeting and  approved by  the majority of the Members present therein.

7.1 Any Member with arrears of  payments due to the Association for more than  60 days  shall be disqualified  from the  Membership of the Association.

7.2 A disqualified member shall not be entitled to participate in the meetings  of the Association and  neither contest nor  vote in the election of  members of  the Executive Committee.

7.3 The disqualified member and his/her family and their guests, servants, and other personal relatives or staff shall not be entitled to use the common  amenities  and facilities like lift, Sports and recreational  complex  and other common privileges  available to bonafide Members  as decided  by  VBOWA.

7.4 Association can, at its discretion, disconnect water supplied from the Association’s  resources,  electricity  supplied from  Association’s captive Generator and other maintenance and logistics services rendered by  or on behalf of the Association.

8.1 There shall be only one vote per flat/apartment.  If there are more than one owner of a flat/apartment, then only one owner member, chosen by them  will cast the vote entitled for their  flat/apartment.The vote shall be cast  by secret ballot only.

8.2 Owner  of  a flat/apartment may duly authorize (by power of attorney) a tenant or other person to attend  the meeting of the Association and to cast the vote on their behalf. Person so authorised  must present appropriate credentials  to the President  and/or  Honorary Secretary of the Association prior to attending the meeting.  The Honorary Secretary or  a designated officer /Executive Member of the Association shall verify the  authenticity of the signature of the Member authorizing the proxy. Such representation of a Member  through proxy  shall be valid  only for that  specific meeting of the Association.

9.1 The  principal officers  of the Association shall be a President,  a Vice-President,  Honorary Secretary and  Honorary Treasurer all of whom shall be appointed by the members of the Association  as a Block , comprising of  all  the Members  of  all the blocks in  the complex of  BRIXTON buildings.

9.2 Only a resident  member shall be eligible  to be elected/nominated/appointed  for the post of  President, Honorary Secretary and Honorary Treasurer.

9.3 The office bearers  will retire  every year and will be eligible for re-election.

9.4 No office bearer or  Committee Member shall hold office  continuously for more 3 years from the day of  formation of the Association. There shall be a break of one year after which they will be eligible to contest  again and hold office.

9.5 All the above principal officers  and the executive committee members shall be  honorary and no remuneration shall be paid. However, they will be entitled to claim from the Association all such  expenses incurred by them on behalf of the Association.

10.1 The President shall preside over all the meeting of the Association and in the absence of the President, the Vice-President or Honorary Secretary shall preside over the meetings and there shall be a quorum of minimum Six members out of the 12 Members of the Executive committee who shall be present for conducting the meeting.

10.2 The quorum for any meeting shall be six Committee members out of eleven. In case of difference of opinion amongst the Committee members and no unanimity on any subject or issue , due to which a decision could not be taken, voting on such issues/subjects will be resorted to. Likewise, if the votes for and against the resolution are equal, then the Presiding officer shall have a casting vote and the decision taken on those lines shall be binding on all members.

10.3 The General Body Meeting , Extra-Ordinary General Body Meeting and Special General Body Meeting shall be held with the presence of, in person, 1/3rd of the total Members , which shall constitute a quorum , excepting otherwise provided in this bye-law.

11.1 The President along with all Executive Members shall be present for the meetings and take collective decisions solving and resolving the issues before them.

11.2 The Honorary secretary shall be the executive authority in the conduct of the Association for the day to day administration, and shall consult the President/Vice President whenever required. It will also be  the responsibility of the Honorary Secretary and the Honorary Treasurer to be in charge of Receipts and Payments of the Association and maintain the accounts for the same.

11.3 The Honorary Secretary shall be responsible to call for a meeting at least once in three months to brief the members of the activities of the Association. If necessary, as an alternative to calling for a meeting, the subject could be circulated among the members, through electronic media to their e-mail addresses and decisions taken there upon.

11.4 The Honorary Secretary  shall  do all that is necessary  to maintain, peace and harmony among the owners.

11.5 Apart from the standard/routine monthly/annual expenditure, the Honorary  Secretary  is authorized to spend  upto Rs.5000/- (Rupees Five thousands only) towards  essential  expenditure  for the upkeep of the premises. For expenses  up to  Rs. 10,000/- (Rupees Ten thousands only) he/she shall  obtain  prior concurrence of the President in writing .The President can authorise expenditures up to  Rs.10,000/- (Rupees ten thousands only)  beyond which, concurrence of  the  Executive Committee  shall be obtained.

11.6 The Executive  committee members along with the office  bearers of the Association   shall be empowered to appoint staff/casual workers for day-to-day administration of the Association and to pay wages /salaries from the fund of the Association.

11.7 The Executive Committee is empowered to appoint or remove Auditors, Solicitors and other office staff , for ensuring  efficient and smooth functioning of  VBOWA.

11.8 The Executive Committee Members shall  frame Rules and Regulations from time to time  to govern  the staff/workers, for managing the common property like, Children Play Area,  Parks, Swimming Pool, Club House,  theatre, clinic, other convenient services etc.

11.9 The Executive Committee of  VBOWA shall manage the maintenance of the  BRIXTON complex buildings , common areas, infrastructure and other installations therein by appointing a Maintenance Contractor  on   mutually agreed terms  and agreement  and to the satisfaction of  the Members of   VBOWA.

11.10 The Executive Committee shall appoint  number of  sub committees/task forces for completing specific and identified tasks within the prescribed time or extended time and shall appoint a committee member to the said task force/sub committee, who can co-opt any person, with the approval of  Executive Committee,  to execute  the assigned task.

11.11 The Executive Committee Members, especially , the Secretary, shall be  responsible for fixing  the date of the meeting at  least once in three months,  by giving clear notice of  7 days . However  for effective administration, the Executive  Committee  should  meet as frequently as possible.

11.12 Major or policy  decisions may  be taken  in the  Commmittee  Meetings of  the Association.  However If  lack of unanimity amongst the Committee Members  prevails  in decision making,  then the  decision shall be put to vote and a decision taken in the   Extra-Ordinary /Special  General Meetings.

11.13 An Executive Committee Member may resign during his/her tenure by  submitting a letter addressed to the President of the Association. However, the resignation shall become effective only after the acceptance in the meeting of the Executive Committee.

11.14 Interim vacancies caused in the Committee shall be filled by  nomination by the Executive Committee and such nominated members shall hold office during the currency of the tenure of  the existing Executive Committee and until the tenure of the current Executive Committee ends.

11.15 All issues , other than special resolutions or  amendment to bye-laws, put up before the  managing committee or  General Body shall be decided by  simple majority of the members present and voting. If necessary, the President/Presiding officer shall exercise his/her casting vote.

11.16 A bank account shall be opened in the name of  VBOWA and operated jointly by the President or Vice president, the Honorary Secretary and the  Honorary Treasurer.  Wherein , the Honorary Treasurer  shall sign in all the cheques along with the  President/ Secretary who shall be responsible for all the  receipts and payments made. The Honorary Treasurer shall be responsible  for maintaining the accounts of the Association. The financial  year shall start on  1st April and  shall end on 31st March of the following year.

12.1 The term by the Executive Committee Members in the office shall not be for more than one year.

12.2 The office bearers can be elected periodically for a term of one year. However if the majority of the Executive Committee Members feel the need to have a bye-election during the currency of their tenure, the same may be held in an Extra-ordinary General Body Meeting, in the physical presence of the Members of the Association.

13.1 The notice of the Annual General Body Meeting shall be given to all members , not less than 21 days before the scheduled date.

13.2 The first meeting of the Association after the end of the financial year shall be held on or before 31st July and it shall have the following presentations as approved by the managing Committee:

(a) Presentation of Annual Report by Honorary Secretary
(b) Presentation of Annual Accounts
(c) Election of new Executive Committee Members to fill up the vacancy caused
due to retirement of the last Executive Committee Members.
(d) Approval of Annual Budget
(e) Approval for the Expenditure for the period from April to March.
(f) Appointment of Auditors and fixing Remunerations
(g) Consideration of such other business of the Association as may properly come
before them
(h) Activities of the Association, Task forces and Committees’ activities etc.,

13.3 The interval between two Annual General Meetings generally, shall not be more than 12 months or as permitted in law/rules.

13.4 The General Body meeting shall meet once in a year and the interval between two consecutive meetings s shall not be more than 15 months .

13.5 The quorum for this meeting shall not be less than 30 members including the office bearers of the Executive Committee.

14.1 All  General Body Meetings other than Annual General Body meeting shall be called Extra-Ordinary  General Body Meeting or Special General Meeting.

14.2 The President shall have the power to  call  a Special meeting of the General Body as directed by the Executive Committee or upon a petition signed by at  least 7 members and having been presented  to the President/ Honorary Secretary or to Registrar of Societies or any officer duly authorized by him in this regard  or as the case may be.

14.3 The notice for the purpose of this  Extra-ordinary General Body Meeting shall be in consonance with the provisions of the Act/Rules.

14.4 The notice of any special meeting  shall state the time and place of such meeting and purpose thereof.

14.5 No other business shall be transacted at a special meeting except as stated in the notice without the consent of   3/4th of the members present in person.

14.6 The outcome of the special resolution shall be filed with the Registrar within FIFTEEN days from the date of passing such resolutions.

15.1 All notices for the Annual and Extra-ordinary General Body Meetings shall be sent to the members by giving a clear notice of 21 days.

15.2 The notice could be sent by e-mail to those whose e-mail Ids are registered with the Association and the notice shall be deemed to have been served and complied with.

15.3 The notice shall be signed by the Secretary or in his absence by any other person duly authorised to sign by the Executive committee and sent to every member and their signatures are obtained in the Notice Service Register . A copy of the notice will be displayed on the Notice Board.

15.4 It shall be treated as duly served only if the notice is circulated in all the flats/aparatments and signatures obtained from the members in the Notice Serving Register, which will contain the clearly identifiable reference to the particular notice.

15.5 The notice shall be posted under certificate of posting to such address as notified in writing if a member is not residing in the flat/apartment at that time.

15.6 The stationeries shall be printed from time to time as and when the office bearers change and shall have the prescribed forms for applications, intimations, circulars, notices, payment vouchers, receipts etc., for smooth functioning of the Association.

15.7 Every notice shall specify the day, hour and place and the object of the meeting.

15.8 Notice to member for Annual General Body meeting shall be enclosed with:
(a) Audited Balance sheet
(b) Annual Budget proposal
(c) Auditor’s Report

16.1 If a meeting of the Association cannot be held for want of quorum the members who are present, may adjourn the meeting for 30 minutes from the time the original meeting was called.

16.2 If no quorum is present in such adjourned meeting also, then the members present in person not less than SIX shall form a quorum.

17.1 CABLES, PIPES AND EXTERNAL WIRINGS:

17.1.1 All private communication cable should be routed through proper cable ducts and the same shall not be  hanging outside the building. The Association shall inform  the resident /owner concerned  on any deviation/violationof this instruction and advise them to take action for rectifying the same.  If no action is taken by the owner/resident concerned, then the Association shall have the powers to terminate the cable connection and remove the same.

17.1.2 All AC installations, drain lines should be properly routed to the drain system, and suspended/hanging  of  pipes and conduits shall not be permitted.

17.1.3 Any private communication set-up in the common area shall be installed only with the approval of the  Association.

17.2 CAR PARKING:

17.2.1 Car parking for  entitled  owners/flats  have  been allotted with clearly demarcated boundaries  and Bay numbers. The residents should strictly follow the same  and park their cars  in their respective car parking bays only. Parking in common areas and passages causing inconvenience to others  will not be permitted .

17.2.2 If a resident is having more cars than the number of  parking bays allotted  to him/her, additional cars shall be allowed to be parked in the premises only  on conditions and with the  prior  approval  of  the Executive Committee  of  the Association.

17.2.3 All the Members owning cars  shall be given  CAR PASS/VEHICLE PASS  with unique identity of  VBOWA , after registering the details of the cars  with the Association.

17.2.4 The above  bye-law  will be made provisionally applicable to two wheelers also.

17.3 IDENTITY CARDS:

17.3.1 All visitors, vendors, marketing executives and representatives shall be checked  for their identity . After verifying with their identity cards and other relevant proofs, documentary or otherwise,  such  personnel will  be issued with   Visitor’s Pass and allowed entry into the complex, after  entering their particulars in the Visitors book , maintained by the  Security gate office. The Visitor’s Pass shall be returned to  the Security in charge  at the gate on their exit from the complex.

17.3.2 However, the Association shall reserve the right to allow any vendor , based on their service and the  requirements of the residents.

17.4 LIFTS:

17.4.1 Any owner/resident,  prior to taking possession  or vacating the flats/apartments will have to inform the Association in advance at least  by a week, so that the common facilities  like lifts will be made available for use and shifting materials .

17.4.2 Cost of any consequential damages  to common areas or installations , while shifting of materials  by a tenant/owner, will have to borne by the owner/tenant  and as per the assessment by  the Association.

17.4.3 Before  vacating the flat/apartment ,  the owners/ tenants  concerned  will have to inform the  association in writing at least by a week in advance. A caution deposit of  Rs.5,000/-(Rupees Five thousands only) will be deposited  with the Association, which will be returned after deducting the cost of  damages to the common  area/property of  the Association, if any occurred during movement of materials. If  there are no damages , then the  caution deposit will be refunded in full, without any deduction , to the tenant/owner concerned.

17.4.4 Any of the office bearer of the Association or their authorised representative/staff,  will inspect , immediately  after the vacation/occupation of  the flat/apartment , will assess the extent of damages if any and the cost  and inform the Association’s office. Thereafter, the Association office, will refund  the caution deposit amount due to the tenant/owner, along with  a ‘gate pass’  detailing the  vehicle  registration number, name of the driver,  and owner, flat number etc,  authenticated by  the Honorary Secretary or the authorised office staff. The gate pass will be handed over at the security gate office, by the driver of the vehicle while exiting.

17.4.5 Non-compliance  of  bye-law 17.4.4  will result in detaining the vehicle inside the complex until  the  provisions of  the same are complied with fully.

17.5 LOBBY:

17.5.1 No shoe stands or similar articles shall be  allowed to be  dumped /positioned in the lobby area.

17.5.2 Residents shall dispose the waste , by  following  source segregation procedure , using  separate disposable carry bags  for  organic/non-organic solid wastes and shall hand over to the house keeping  staff, as per schedule. No disposable bags containing wastes  shall be left in the lobby or  in common areas.

17.6 PARK/CHILDREN PLAY AREA:

17.6.1 Park and the Children play area shall be exclusively for the residents of the BRIXTON Flats/apartments.

17.6.2 Members shall not  take  their pet animals to the play area of the Children.

17.7 PETS:

17.7.1 No pet animals will be allowed  to brought in  by a member /tenant moving into BRIXTON  flats/apartments and possession of pets will  be forbidden over a period  that will be determined  by  the Association.

17.7.2 It shall be the responsibility  of  the Member concerned  to obtain licence for their existing pets and ensure vaccination and other preventive health care of the pet animal as per the rules laid down for Possession of Pets.

17.7.3 Members will be allowed  a specific  time, to dispose or make alternative arrangements for the pet animals  and free the complex of  pet animals.

17.7.4 Damages caused  in common areas of the building by the pets, shall be compensated by the owner of  the  pet. The  member concerned will be solely responsible for all the damages or inconvenience caused  by their pets.

17.8 SMOKING AND ALCOHOL:

17.8.1 Smoking  in common areas/parks   of  the BRIXTON complex is prohibited and punishable crime.  Smoking  is restricted  only to the designated areas , if any and  approved by the Association.

17.8.2 Consumption/drinking of alcohol  in common areas are not allowed. Association reserves  its rights and discretion  to grant permission during   social  parties  and functions in Association’s community/Party Hall.

17.9 TENANTS:

17.9.1 The residents of  BRIXTON, including those living as ‘tenants’ shall  be party to all of the  bye-laws of  VBOWA.

17.9.2 The tenants shall fill the application form formatted by  VBOWA and submit the same in duplicate  in the Association’s  office , along with a photo-proof  of identity like  Election Identity card, Aadhar card, Pass Port photo copy of  the front and last pages inner covers, driving licence etc for verification. A copy of the same will be submitted to the local Police Station and acknowledgement obtained for the same.

17.9.3 The owner of  a  leased out flat, will be responsible to get the antecedents of their tenant verified  through  VBOWA and  ensure the tenant abides by the Rules and regulations of the Association.

17.9.4 It is advisable to avoid  letting out the flats/apartments to bachelors/spinsters.If not, not more than  two bachelor/spinsters  per bed room in a flat should be allowed to live in.

17.9.5 The tenant shall pay  the  Annual  maintenance charges  to the Association  in advance, on behalf of the owner member.

17.9.6 If the tenant  fails to pay the Annual Maintenance charges  in advance  by due date, then it will be the responsibility of the owner concerned  to  settle such dues to the Association with a penalty of  18 % per annum for every day of  the delay in clearing the dues to the Association.

17.9.7 The tenant shall not sublet  or lease out their flats/apartments  for any commercial purposes or activities .

17.10 TERRACE:

17.10.1 Terrace should not be used  by any resident  for their personal  requirements. Terrace will be maintained by the Service providers.

17.10.2 Terrace will not be used by the residents  for private parties, socialising or other such activity  that  may  cause inconvenience  /disturbance  to other members of the Society  or the facilties.

17.11 VISITORS:

17.11.1 Visitors  shall park their cars outside the  BRIXTON building complex  and their vehicles  shall not be allowed inside the compound.

17.11.2 Visitors shall stop at the security gate check point at the entrance, enter the details in the Visitors Register and then only will be allowed to enter the  building premises, carrying the visitors pass issued by the security gate office.

17.11.3 The visitors will return the visitors pass during exit from the  premises.

17.11.4 The resident concerned will take care of their visitors. No vendor will be allowed without proper identity proof , to enter into the premises of  BRIXTON  building complex.

17.12 WATER:

17.12.1 It shall be the duty of the residents  not to waste water as it is scarcely available.

17.12.2 It is resolved that the water supply shall be maintained throughout the day and that  will be bought from outside source , if  needed. In  the contingency  of  water being bought from outside  agencies, to augment  storage and supply in the complex,  the expenditure  incurred  for the same will be  shared proportionately  by the Association for the common areas and gardens and by the residents for their individual flat/apartment’s  consumption.  The water charges should be cleared by  all concerned immediately on receipt of intimation from the Association.

18.1 The Executive Committee shall appoint an experienced person or qualified Chartered Accountant or an Auditor’s firm who are qualified to audit the accounts of VBOWA.

18.2 As far as possible, an auditor , who is a member of the Institute of Chartered Accountants of India, will be appointed as the auditor of VBOWA.

19.1 The auditor shall be entitled to call for and examine any paper or document and accounts and the registers belonging to the Association including those related to common areas and facilities.

19.2 The auditor shall ascertain the trends of receipts and expenses and prepare a special report on the weak areas /violation of accounting norms if any and any other points related to the financial health and accounts of VBOWA, that might require the attention of the President and the Executive Committee, and bring to the notice of the Association.

19.3 Records of proper fund management will be maintained and audited by authorized/certified auditors annually and before the Annual General Meeting and the election of the New Executive Committee Members.

20.1 As set out in the Memorandum of Association  the  VBOWA  shall , in principle, engage itself    in the following activities:Maintenance of  the  entire BRIXTON complex , its buildings, infrastructures, installations, facilities, logistic supports  and services. Considering  the size and volume of the work and the expertise required for the purpose,  VBOWA  may engage a professional  agency , through competitive bid and careful evaluation of  the  bidding agency’s  ability,  for the maintenance  and  allied services to BRIXTON complex and buildings,  so that  the  work load of VBOWA  can be  minimised  to  the administration and welfare  of the residents, tenants and  registered Members of   VBOWA  and  to coordinating, controlling and  supervising the maintenance  services and activities.

(b) To promote  social, cultural, ecological and recreational activities.

(c)To promote fellowship  and camaraderie by  establishing  Ladies Club, Sports Club, Children/youth club and  organising  cultural and other events  and rendering all possible support  to  such constructive and creative activities.(d) To encourage  such  aforesaid  welfare and recreational activities and  to promote  interaction amongst all  the family members  of VBOWA,  the  Association may organise cultural activities/celebrations  on important occasions like New Year Day, Republic Day, Independence Day, Women’s Day and   Children’s Day etc.(e)  To  establish and  promote communication and interaction amongst  members, VBOWA  may bring out  periodical News Letters  under the aegis of  the Association/ Executive Committee.

21.1 The disputes amongst the past and present Members of VBOWA, persons claiming through the Members , past members and deceased members or

21.2 Between a member, past member or deceased member and the Association

21.3 Between the Association or its Committee and or past officers, past agents or past servants or the nominees, heirs or legal representatives of any deceased office-bearer, deceased agents or deceased servants of the Association or

21.4 Between the Association and any other external agency/person

21.5 Such disputes shall be referred to the General Body or the Arbitrators/conciliators/Mediators appointed by the General Body of VBOWA, who shall decide on it by a majority vote of the Members present and voting.

21.6 In case of failure to resolve any disputed issue through the above defined process, then such issues will be referred to the courts within the jurisdiction of Chennai.

The Association after consulting the competent Authority can become a Member of any Federation of Apartment/Flat owners and Associations and pay the subscription and other applicable fees towards that from VBOWA’s.

The Association shall have its letter heads and common seal which shall be in the safe custody of the Honorary Secretary and shall be used under the authority of a resolution passed by the Managing Committee. Every Deed of Instrument to which seal is affixed shall be attested for or on behalf of the Association by two Principal officers and Honorary Secretary or any other person authorized by the Association.

24.1 These Bye-laws may be amended by the Association in a duly constituted meeting of the General Body for such purpose and no amendment shall take effect unless approved by the owners representing at least 51 per cent of the members present casting their votes in favour of the proposed amendments.

24.2 Upon approval of the amendments by the General Body, the Honorary Secretary shall file the same to the Registrar within fifteen days from the date of approval of the amendment.

The Bye-laws are set forth to comply with the requirement of the Tamil Nadu Society Registration Act, 1975 (Act XXVII of 1975). In case if any of these bye laws conflict with the provisions of the said Act, it is agreed and accepted that the provisions of the Act shall apply.

The existing assets, obligation, liabilities and duties cast upon the members and or by or on the ad-hoc committee shall stand accepted , adopted and ratified and deemed as if the same has been done, imbibed or inherited by the Association.