As amended and adopted in the General Body Meeting of the Society on 19-11-2017.
BYE-LAWS OF SUNSHINE VALLEY HOUSE OWNERS WELFARE SOCIETY.
Sultanpur, H/o: Mallapur, RCI Road, Saroornagar Mandal Ranga Reddy District.
Short title and application
- Title: These bye-laws shall be called the Bye-Laws of the SunShine Valley House Owners Welfare Society.
- Application: All owners of houses or plots, tenants, or occupants any other persons who might use the facilities of the houses in any manner are subject to regulations set forth in these bye-laws.
- The fact of purchase of house/plot or acquisition on rental basis will signify that these byelaws are accepted and ratified by them and shall be complied with, by them, and are binding upon them.
- “Act’ Means the Telangana State Gated Community (Promotion of construction and owners ship) Act 1987 (Act No 29 of 1987).
- “Section” means a section of the act.
- “Rules” means the rules framed under the Telangana State Housing Society act 1987.
- Words and expressions used in these bye-laws but not defined herein shall have the meaning respectively assigned to them in the act.
- “Common areas and facilities” means areas and facilities which are for the common use of the occupants/Residents, their guests and visitors.
- “Committee” means the Executive Committee to which the management of the affairs of the Society has been entrusted.
- Words importing the masculine genders will include the feminine gender and vice-versa.
- Words importing the singular number shall include where the context and so requires the plural number and vice-versa.
- Society means the Society of all the House owners constituted by such owners for the welfare of Sunshine Valley.
- Building means the building located at Sunshine Valley Mallapur and known
as Sun Shine Valley and includes the land forming part thereof.
2. Area of Operation
The area of operation of the gated community of the Sunshine Society shall be confined to the residential Houses and the Plots within the Sunshine Valley at the above address only.
The registered office of the Society is situated at Sunshine Valley Sultanpur, H/o Mallapur, RCI Road, Hyderabad – 500 005, Saroornagar Mandal.
4. Aims and Objects
- To take over, protect, maintain and manage all facilities and amenities like Road, Passages, Pumps, Electricity, Water, Drainage and Telephone lines etc. provided or to be provided in the premises called as Sunshine Valley, and the adjourning areas where common facilities like Road, Parking, Swimming Pool, Play Round, Park, Community Hall, Gym, Masjid etc are provided.
- To look after cleanliness, lighting, gardening etc.
- To take care of basic amenities like and bore well water electricity and other items as may be required for the common benefit and welfare of the members of the Society.
- To take care of the periodical planning of the exterior and common areas of the building and to undertake improvements alterations repairs placements for the Sunshine Valley and adjoining areas if necessary by raising special funds.
- To provide security and safety arrangements for the Sunshine Valley.
- To provide and maintain social, re-creation, educational and public health facilities within Sunshine Valley for the benefit of the members of the Society.
- To do all things necessary and expedient for the accomplishment and fulfilling of the aforesaid aims and objects of the Society subject to availability of funds and approval of the General Body Meeting of the Society.
- Certified that the Society is formed with no profit motive and that no commercials activity is involved in its working.
- Certified that the Society would not engage in agitation activities to ventilate grievances.
- Certified that the office bearers are not paid from the funds of the Society.
- That every house and plot owner and the occupant of the house ( i.e tenant, lessee, mortgagee, etc.) shall ipso facto be the member of the Society.
- Categories of Membership :
Members : All house and plot owners shall be the full members of
the Society, enjoying full voting rights and shall be entitled to hold
any elected position in the Society.
- Member (H) : Shall be the members who are the house owners or
those who have partially built the house and laid the ground floor slab
shall be treated as house owners or Member(H).
- Member (P) : Shall be the members who are the Plot owners.
- Associate Member : All the tenants , lessees, mortgagees and other
legal occupants of the houses shall be the Associate Members of the
Society but shall not enjoy any voting right nor shall hold any
elected position in the society . However, they may be invited to the
General Body Meetings and the Executive Body Meetings or any
other committee meetings. They shall participate in discussions in the
meetings. They may also be co-opted as non-voting members in
the Executive Committee Meetings or in any other committee
7. Membership Fee ( or ) Maintenance Charges
That unless otherwise decided by the General Body Meeting of the Society the membership fee or the rate of maintenance charges shall be payable by various categories of members to the Society, shall be as follows .
- Member (H) : shall pay Rs. 600/- per month to the Society.
- Member (P) : shall pay Rs. 150/- per month to the Society.
- Associate Member : shall pay Rs.600/- per month to the Society.
The above fee/charges shall fall due on first day of English calendar month and a grace period of seven (7) days shall be allowed for the payment. Thereafter a penalty @ One Percent (1%) per month shall be levied on the arrears, on the defaulters. That those members desirous of paying lump sum eleventh months advance charges, they will be given a concession of one month charges. In other words, by paying just 11 months charges, they shall enjoy the benefit of 12 months. That the name of the defaulting members shall be prominently displayed on the notice boards of the Society and also on the website of the Society.
8. FUND AND INVESTMENT
- Funds: The Society will ordinarily try to obtain funds from the following sources.
- From the contribution made by the generours and honourable members.
- Monthly maintenance charges shall be paid by the owners/residents as
may be fixed by the Society, form time to time.
- Donations, if received, from other sources, for any specific purposes.
- By raising loans, if necessary, subject to approval of the General Body
Meeting, by 2/3rd majority.
- Investments: The Society may invest its surplus funds in deposits with the
the nationalized banks or make deposits specified under section 20 of Indian Trustees Act 1882 or in any Bank approved for this purpose by the Society.
Should there be any federation of the House owners in the locality in which the Sunshine Valley is situated. The Society may, after approval from its General Body Meetings become a member thereof and pay the sum form time to time payable to such federations under the rules thereof.
The management of the Society shall rest in the hands of its Executive Committee, which shall consisting of.
The Executive Committee may also have powers to co-opt ( nominate ) maximum TWO
more members in the Executive Committee, if it deem fit and proper.
11. Powers and Duties of the Executive Committee.
- The Executive Committee shall have the powers and duties necessary for the
administration of the affairs of the Society and shall do all such acts and things as per
Bye-Laws of the Society.
- Other Duties: In addition to the duties imposed by these bye-laws or by resolutions of the Society, the Executive Committee shall be responsible for the following Care, up-keep and security of Sunshine Valley and the common areas and facilities. Collections of monthly maintenance charges from the House and plot/owners/residents/members. To engaging any staff for administrative functions or for vigilance, safety and security of the houses and for the maintenance and operation of common areas and facilities of Sunshine Valley.
- To maintain the accounts arrange audit of the Society. To inspect the accounts as may be kept by the Treasurer at the Society office and/or at any other place and examine the register and account books and to take steps for recovery of all sums due to the Society. To sanction working expenses and deal with other miscellaneous expenses. To scrutinize and put-up the annual budget in the General Body Meeting. To submit in General Body Meeting the annual report and the statement of accounts, duly certified by the auditors. To institute, conduct, defend compound, comprise or abandon legal proceeding by or against the Society. To authorize atleast any two office bearers to operate the bank accounts. To hear and deal all the complaints.
- In case of a vacancy, in the Executive Committee, if created, during the term, then the Executive Committee, shall fill the vacancy, by election, within itself, for the remaining period of the term.
12.SERVICE OF THE MEMBERS TO BE GRATUITOUS.
The service of the members of the Executive Committee shall be Gratuitous.
13. TERMS OF THE COMMITTEE
All the members of the Executive Committed shall be elected at one and
the same time in the General Body Meeting .
The members of the committee shall hold office for a period of TWO
years from the time of holding office.
- Any committee member may at any time resign from his post, by sending a letter
of resignation to the President of the Society. Such resignation shall take
effect from the date on which it is accepted by the Executive Committee.
- No member shall be removed from the post, on the compliant of misconduct, unless the charges are proved against him/her in the General Body Meeting.
- A member can also be removed for his absence from Executive Committee with
out prior intimation, for three consecutive meetings, or if it is proved that he has
acted against the interest of the Society, in any manner.
- At any regular or special meeting, duly called, any one or more members
of the Executive Committee may be removed by 2/3rd. majority of the
house owners/members in the meeting, having voting right.
- The vacancies arising before the expiry of the said terms of shall be filled by the
co-option not exceeding three members, by the remaining of the Executive
Committee or General Body Meeting. If more than three vacancies arise the
vacancies will be filled up by way of fresh election.
- All the members of the committee including co-opted members, if any, shall vacate
their posts on the expiry of the terms of the Executive committee, unless the period
is extended by way of resolution passed by majority of members present at the
annual General Body Meeting .
14. EXECUTE COMMITTEE MEETINGS.
- The Executive Committee shall meet at least once in two months or often.
- The quorum of the meeting of the Executive Committee shall be four,
having voting right.
- All matters before the Executive Committee shall be decided by way of the majority.
- The secretary of the Society shall call meetings form time to time of the Executive Committee, with the approval of the president. The secretary shall however call a meeting of the Executive Committee within seven days of receipt of requisition in writing form atleast half of the members of this Executive Committee.
- The Executive Committee may appoint any member of the committee to attend to some specific matter of the Society.
15. POWERS AND DUTIES OF THE OFFICE BEARERS:
- President: He presides over all the meetings of the General Body Meeting and
Executive Meetings. He can cast his vote in case of a tie.
- Vice-President: He shall assist the president in discharging his functions. In the
absence of the president he will perform the duty of the presidents as entrusted by the
- Secretary: He is the Chief Executive Officer of the Society and the
custodian of all the records relating to the Society and correspondent on
behalf of the Society .He has to take on record all minutes of the Society
to convey to the body of the Society with the permission of the president. He
guides the treasurer for annual budget and expenditure statement to put before
the General Body Meeting for its approval. He shall do the correspondence on
behalf of the Society and only on the approved of the policy matters, of the
- Joint- Secretary: He has to do the work entrusted by the Executive Committee.
He has to assist the secretary in discharging his duties. In the absence of
secretary he can perform the duties of the secretary. That there shall be proper
division of work between both the Joint Secretaries.
- Treasure: He shall be responsible for the funds of the Society and its
security and shall also be responsible for keeping full and accurate accounts of
all receipts and expenditure investments in books belonging to the Society.
He shall be responsible for the deposit of money and valuable effects in the
name and credit of the Society in such deposits as may from time to time be
decided by the Executive Committee.
16. Executive Member:
The entire day today management of the Society shall
rests at the hands of the Executive Committee and it is accountable to the
General Body Meeting of the Society.
17. GENERAL BODY MEETING
The ultimate and the supreme authority of the Society, is the General Body
The following, inter alia, shall be dealt with by the General Body Meeting
- Election and removal of the members of the committee
- Consideration of audit report, annual report and review of the financial position of the Society.
- Amendment to the byelaws.
- Approval of annual budget of income and expenditure.
- The meeting of the General Body shall be convened at least once in a year.
- The annual General Body Meeting shall be attended by Members(H), Members(P), and Associated Members. But the Associated Members shall not participate in voting. The meeting shall be convened after giving Seven(7) days clear notice of the proposed meeting to be held. The notice of the General Body Meeting shall be given by atleast any TWO medium viz : (1) WhatsApp,(2) Website of the Sunshine Valley , (3) e-mail (4) SMS (5) Newspapers like Munsif or Siasat daily.
- The annual General Body Meeting shall appoint auditors each year for the audit of accounts of the Society.
- The annual General Body Meeting shall be of the total strength of the owner members.
- The President shall give instructions to the Secretary to call a Requisition General Body Meeting within fourteen days, if receives a written requisition of at least 1/3rd of members of the Society, requesting him, to call a General Body Meeting on a Specific Agenda.
- The President can also give instructions to the Secretary to call an extra-ordinary General Body Meeting, on a given agenda, giving clear seven days notice to the members.
- There shall be agenda communicated for every meeting and the Secretary shall maintain the minutes of the meeting and also the proper attendance of the participants of the meetings.
- The Member who is not in the city or is not able to attend the General Body Meeting may be able to send his/her authorised representative, with an authority letter to attend the meeting, by duly attesting the signature of the representative, along with the copy the Sale Deed of the Plot/House, to be submitted to the Chairman of the meeting.
- There shall be a quorum of 27 members,(Twenty Seven Members) excluding the Associate Members, for the General Body Meeting. For the purpose of calculation of quorum all the proxies of the members shall also be counted as members present.
- In case of no quorum, the Chairman of the meeting may adjourn the General Body Meeting for atleast half an hour and re-convene the meeting, irrespective of the quorum, as per the agenda of the meeting.
18. APPOINTMENT OF AUDITORS
- The Society shall appoint, at its General Body Meeting, an Auditor who shall audit the accounts of the Society prepared by the Executive Committee and shall examine the annual return, verify the same and shall sign the same, if found by him to be correct.
- Powers of the Auditor: The Auditor shall be entitled to call for and examine any papers or documents belonging to the Society in relation to common areas, facilities and common expenses and shall make a special report to Society upon any matter connected with the accounts according to him, requires a notice.
19. OFFICIAL YEARS:
For the purpose of the Society, year means the year commencing from 1st
April and ending with 31st March of the following year.
20. AMENDMENTS TO BYE-LAWS:
No amendment or alteration shall be made in the bye-laws, memorandum or rules of the Society unless it is voted by 2/3rd of members present at the Special General Body Meeting convened for the purpose.
These byelaws are set forth to comply with requirements of the Telangana State House Owner (Promotion of Construction and Ownership) Act.1987. In case any of any conflict between the provisions of the said Act, and these byelaws, the provisions of the Act, in question shall prevail.
21. PUBLICATION OF ACCOUNTS AND REPORTS:
A copy of last years financial statement and of the report of the Auditor, if any, shall be kept in the office of the Society and as well as posted on the official web site of the Society, the same shall be open to members for inspection.
22. MAINTENANCE AND REPAIRS:
All the repairs and the maintenance of external and internal installations of the houses such as water, light, gas, power, sewage, telephone lines, doors, windows, lamps, TV, Internet Cabling etc. and all other accessories belongs to owner is the responsibility of the concerned owner himself.
- The members/owners shall reimburse to the Society, the expenditure incurred in repairing or replacing in any common area and facility damaged through his fault, directly or indirectly.
- USE OF FAMILY UNITS (House): All units shall be utilized for residential purpose only. No other use shall be permitted without the express permission of the Executive Committee.
- Under no circumstances, elevation of the building shall be disturbed or altered.
- Whether the house is occupied or not, every member shall pay, on or before 7th of every month the common monthly maintenance charges, for meeting the expenses of electricity, watering for trees and parks , sweepers, security, plumber, electrician, caretaker, watch and ward manager and other expenses. Any other emergency charges required for some urgent maintenance, repair, service and replacement etc. of the common amenities shall be payable within seven (7) days from the date of demand by the Society.
- Any member who is in arrears of the amounts due to the Society for more than 60 days he/she shall be liable to pay an interest of One Percent (1%) per month till full payment is made to the Society.
- Without prejudice to the right of the Society to proceed for recovery of the dues from the members, the Society shall be entitled to stop all the amenities and facilities to House owned by the defaulting member.
23. Members, Owners are prohibited and shall not be allowed to utilize the parking space and common area facilities for other purposes. In other words, no member/owner shall be allowed to modify, construct any additional structures, let out for commercial/business purposes the car parking and common areas in the Sunshine Valley. No member/ Owner shall be allowed to create any obstruction/ nuisance/ inconvenience in the common areas.
24. Members/residents shall exercise extreme care about making noise or the use of electronic and musical instruments, radios, television and amplifiers that may disturb others. Members/residents keeping domestic animals shall abide by the Municipal Sanitary byelaws and regulations and shall ensure that their animals do not cause harm, nuisance or harassment to the inhabitants and the visitors of the Sunshine Valley.
25. It is prohibited to dust rugs etc. from the windows, balconies or to cleanings etc. by beating on the exterior part of the said House.
26. It is prohibited to throw garbage or trash outside the disposal installations provided for such purposes in the service areas. If such installations are not provided all garbage or trash shall be collected in a vessel and thrown in the Municipal dustbin by the owner, resident or lessee.
27. The Members/Residents shall regularly pay the charges to the municipal van for the garbage collection.
28. No resident shall park their vehicles in the common areas other than those specified for such purpose by the Society.
Above amended bye laws were unanimously voted and approved in the General Body Meeting dated: 19-11-2017, held at the Sunshine Valley campus at RCI Road, Sultanpur, Mallapur, Hyderabad. the meeting was presided by Dr. Muzaffar Ali Khan, Advocate, who was unanimously elected to preside over the meeting, in the absence of the President of the society.