13. Management of the Affairs of the Association

1. The management of the affairs of the Association shall rest with a Management Committee consisting of the President, Vice President, Secretary, Treasurer and minimum of four and a maximum of eight other members. Members of the Management Committee shall be elected by the General Body at its annual meeting and their services shall be on honorary basis. Any vacancy in the office of the President, Vice President, Secretary and Treasurer, by resignation or otherwise, shall be filled up by the Management Committee authorizing any one of the members to discharge the duty of the office. The term of office of the members of the Committee shall be two years. They shall continue till the next Annual General Meeting even if the period of 2 years is over. However, in the first election after the Byelaws come into force, one half of the members shall be elected for a period of one year. They shall continue till the next AGM even if a period of one year is completed. From the next election, members shall be elected for a term of 2 years subject to the proviso that one half of the members shall retire at the end of one year. Members of the Management Committee may also elect the Vice President and Treasurer, from among the members of the Management Committee elected by the General Body, in case the General Body has not been able to elect them for want of specific nominations to these posts. The Management Committee may allot portfolios and responsibilities to members of the Committee for studying issues in depth and reporting to the Committee. The decision on all matters shall be taken only by the Management Committee or a subcommittee of the Management Committee, consisting of not less than three members, constituted by the Management Committee.
2. Any vacancy in the post of an ordinary member of the Management Committee, by resignation or otherwise, may be filled up by the President by co-opting a member for the period up to the date of the next Annual General Meeting.
3. Members may be elected to the MC for a maximum of two terms consecutively. They shall be eligible for election after a lapse of one year for another two terms consecutively. If, however, there are no nominations to a post/posts and the existing member of the MC opts to continue in the MC and expresses his wish in the AGM, he shall be eligible for election.
4. Members of the MC may be removed from their post, even before their term is completed, on the basis of a complaint made, in writing, to the MC by at least twenty five members and by a simple majority of members present and voting in a General Body Meeting on its being convened for the above purpose.
5. Office bearers of the Managing Committee.
   1. President : The President shall preside over all meetings of the Managing Committee, Annual General Meeting, and Extraordinary/Special General Meeting and have general control of the management of the Association, its property and finances.
      If any matter directly affecting the President is on the agenda of the meeting of the Managing Committee or the General Body, Vice President or any other member of the Managing Committee shall preside over that meeting.
      Any temporary vacancy in the Managing Committee shall be filled up by the President till the election of a new committee at the Annual General meeting.
   2. Vice President: In the absence of the President the Vice President shall preside over all the meetings and discharge all the functions of the President.
   3. Secretary: The Secretary shall be the Executive officer and shall be responsible for the convening of the meetings of the Managing Committee. He shall keep proper minutes of the meetings of the Managing Committee, shall carry out the decisions of the Managing Committee and the General Body and shall conduct all correspondence on behalf of the Association with statutory and other outside bodies.
   4. Treasurer: The treasurer shall be in charge of the finances of the Association, shall have proper accounts maintained and shall operate the bank accounts of the Association along with either the Secretary or the President.
6. Powers and responsibilities of the Managing Committee
   1. Appointment and renewal of Facility Manager (i.e. an organization which shall have responsibilities for managing the infrastructure and facilities of the complex) and the terms thereof, with the approval of the General Body; Appointment and renewal of other persons employed by the Association;
   2. Maintenance, repair and replacement of the common areas and facilities and for the purpose enter into Annual Contracts with various vendors;
   3. Collection of maintenance and other dues from members and taking such measures as may be necessary for the purpose;
   4. Review of work of the Facility Manager and other vendors employed for maintenance of the complex and provide reports on their performance to the General Body periodically;
   5. Maintenance of accounts of the Association and matters incidental thereto;
   6. Conduct of the meetings of the General Body;
   7. Laying down regulations in the use of the common areas and facilities in the interest of the generality of the members: MC shall give due publicity for the draft regulations framed by exhibiting them in the Notice Boards of the Association in the Complex, invite suggestions from members by giving them a reasonable time to offer them and finalise the regulations taking into account the suggestions from members;
   8. Respond in writing to any feedback, grievance, suggestion received from a member;
   9. Incurring of revenue expenditure for maintenance work; incurring of capital expenditure which has been approved by the General Body or other individual capital expenditures up to Rs.50,000 subject to report to the General Body at the next Annual General Meeting. The President and Secretary shall have the power jointly to incur expenditure up to Rs.10000/- subject to ratification in the Management Committee meeting.
   10. Arbitrate in relation to complaint, relating to maintenance and building related issues, by one resident against another; Management Committee shall, after hearing both the parties, give a decision which shall be binding on the parties.
7. Meetings of the Management Committee
   1. The quorum for the meeting of the Management Committee shall be three personally present;
   2. In respect of meetings of the Management Committee, three days’ notice shall be given to the members;
   3. Secretary shall draw up the agenda for the meeting in consultation with the President or in his absence the Vice President.
   4. President, or the Vice President in the former’s absence, shall preside over meetings of the Management Committee;
   5. Meetings of the Managing Committee shall be held once a month;
8. Annual General Meeting (AGM)
   1. The annual general meeting shall be held once a year on a date within six months from the closure of the accounts of the previous financial year, and at a suitable place within the premises convenient to the members as may be decided by the Association.
   2. Notice for the AGM shall be issued with 21 clear calendar days before the date of the meeting. The Notice shall specify the venue, date, time and the agenda of the meeting.
   3. The resolution to be moved at the AGM shall require notice of 15 clear calendar days in writing to the Secretary. Wherever necessary, the resolution to be moved should be supported by an explanatory note.
   4. The agenda for the AGM shall be the following:
      • Annual report and accounts of the Association during the preceding year;
      • Auditor’s report for the previous year;
      • Review of the performance of the Facility Manager;
      • Status in regard to the dues of members to the Association and measures taken for their prompt collection;
      • Performance vis-à-vis the budgeted amount for the previous year (with explaix) nation for wide variations, if any) and Annual Expenditure Budget for the current year;
      • Election of the members of the Managing Committee;
      • Any other matter with the permission of the Chair.
9. Extraordinary/Special General Meeting (EGM/SGM)
   Extraordinary/Special General Meeting can be called for by the Management Committee or requisitioned by a member. Ordinarily, 21 calendar days clear notice shall be given for the meeting. Depending on the exigencies of the situation, the Management Committee shall decide a shorter notice period but it shall not be less than seven days. The notice shall specify the venue, date, time and the agenda of the meeting. If the meeting is requisitioned by a member (members with arrears of dues cannot requisition a meeting) , the requisition shall be in writing, supported by suitable explanatory notes, and shall be signed by at least one-third of the total members. On receipt of such a requisition, the Management Committee shall convene the EGM/SGM. Minimum of seven days’ notice shall be given for the convening of the meeting. The agenda for the meeting shall be restricted to the purpose/s for which the meeting has been requisitioned by a member.
10. Rules relating to conduct of the Annual General and Extra ordinary / Special General Meeting.
    1. The attendance at the meeting shall be restricted to the members. The quorum for the meeting shall be one-third of the total members. In the event of the requisite quorum not being available, the meeting shall be adjourned by the President and convened by him on another date within a week and the reconvened meeting shall be competent to carry on the business of the earlier adjourned meeting with the number present. If amendment to the byelaws is part of the business, it can be carried out only with the requisite quorum of one-third of the total members.
    2. Every member shall be entitled to a single vote.
    3. Vote shall be cast in person or through a proxy. A member can nominate the owner/tenant of another apartment in the building to vote on his behalf. The nomination has to be in the format prescribed by the Association and has to be signed by the member.
    4. Voting shall ordinarily be by show of hands except in special cases where the General Body desires a secret ballot.
    5. The decision of the General Body shall be by a simple majority of members present and voting in the meeting. Any amendment to the Byelaws/ Memorandum of Association shall need the support of three-fourths of the members present and voting in the meeting.