Bye-Laws & Rules of LARWA

Memorandum of Association

Name of Society

LIBRA AVENUE RESIDENTS WELFARE ASSOCIATION,
Nadergul, Rangareddy District.

Location of Registered Office

Libra Avenue, Sy.No.62, Nadergul(V), Balapur(M),
Rangareddy District, Telangana – 501510.

Aims and Objectives

aTo promote the common interests, welfare, and well-being of all residents/owners of the layout/colony and to foster a sense of unity, cooperation, and mutual support among them.

bTo maintain, improve, and safeguard the common amenities, infrastructure, and facilities within the layout, including roads, drainage, street lighting, park, security arrangements, water supply systems, and any other common services for the benefit of residents.

cTo represent the residents collectively before government departments, local authorities, statutory bodies, utility agencies, and other institutions on matters concerning civic amenities, public services, development works, and welfare of the community.

dTo take necessary steps for ensuring cleanliness, sanitation, environmental protection, greenery development, waste management, and maintenance of hygienic surroundings in the residential area.

eTo promote measures relating to safety, security, and emergency preparedness within the colony, including installation and maintenance of security systems, regulation of common access points, and coordination for resident safety.

fTo frame guidelines, rules, and procedures for proper use, maintenance, and preservation of common areas, common assets, and shared facilities, and to ensure compliance by members in the collective interest.

gTo collect subscriptions, maintenance charges, donations, contributions, and other lawful receipts from members for meeting the expenses of maintenance, development, administration, and welfare activities of the Association.

hTo undertake developmental activities and improvement works for the enhancement of civic infrastructure, facilities, and overall living standards within the residential community.

iTo promote social, cultural, educational, recreational, and welfare activities for the residents and their families to strengthen community bonding and neighbourhood participation.

jTo resolve common issues affecting the residents through mutual discussion, cooperation, and lawful means, and to encourage peaceful settlement of disputes concerning common interests.

kTo acquire, hold, maintain, manage, and dispose of movable assets required for the functioning of the Association, subject to applicable laws and resolutions of the General Body.

lTo do all such lawful acts, deeds, and things as are incidental or conducive to the attainment of the above aims and objectives of the Association.

Rules and Regulations

Membership

The Membership shall be open only to lawful individual owners of residential units situated within Libra Avenue.

i. General Provisions

aMembership shall be non-transferable except along with transfer of ownership of the property.
bAny eligible owner seeking membership shall apply in writing in the prescribed form. The Executive Committee shall have authority to approve or reject the application subject to reasons recorded.

ii. Category of Members

aPrimary Member: Registered owner of property.
bAssociate Member: Co-owner or spouse duly authorized in writing by primary member.
cProxy Representative: Tenant authorized in writing by owner for voting only.

iii. Admission Fee and Subscriptions

aEvery member shall pay Admission fee, maintenance charges, corpus fund, special contributions or any other charges as may be approved by the General Body from time to time. The monthly maintenance charges shall be payable on or before 10th of the respective month.
bDelay in payment attracts penalties as decided by the General Body.
cIn case of default by any member in payment of maintenance charge for more than 2 months, such member is debarred from voting/contesting.

General Body

aThe General Body shall consist of all members of the Association and shall be the supreme governing authority. Annual General Meeting shall be held once every year in January.

bFunctions

To pass the budget for the ensuing year.
To approve the expenditure statement of previous year.
To elect Executive Committee.
To approve the major decisions of the community.
To amend rules and bye-laws.
To appoint an Auditor.

cQuorum

½ of the total members.
In case of adjourned meeting: members present shall form quorum.

Executive Committee

aThe affairs of the Association shall be managed by an Executive Committee elected by General Body.
bExecutive Committee shall consist of Nine (9) members as office bearers viz. President, Vice President, General Secretary, Joint Secretary, Treasurer and Four Executive Committee Members.
cTerm of the newly elected Executive Committee shall be 2 years from date of election.
dThe members of the Executive Committee (Governing Body) shall be duty bound to attest the signatures of all the members of newly elected Executive Committee and to see that the said signatures of the outgoing Governing Body tally with the annual list as filed with the Registrar of societies before 15 days the succeeding month in which elections were held.

Eligibility to Contest Elections

A member may contest for Executive Committee if:

aHe/she is a registered member or authorized associate member.
bAll dues are cleared — maintenance charge, corpus, penalties, and other charges should not be pending.
cNot disqualified under bylaws due to suspension/termination of membership. No serious misconduct should be recorded against the member.
dMinimum age is 18 years and legally capable to enter contracts.
eHeld membership for minimum 6 months prior to election.
fNomination filed properly and submitted within election schedule with proposer/seconder if required.
gOnly one candidate per property.

Voting Rights

aMember is eligible for one vote per residential unit.
bMultiple unit owners may cast one vote for each unit owned.
cProxy vote by tenant is permitted only with written authorization by member.

Default and Recovery

aThe Executive Committee shall review the list of members in default of payment in Executive Committee meetings and Annual General Body Meetings. The Association may display the list of outstanding dues of defaulting members on the official notice board, digital communication platforms, or official website/app for administrative purposes.
bA member who remains in default of maintenance charges for more than three consecutive months may, after written notice, be restricted from use of common amenities and participation rights as resolved by the Executive Committee.
cWhere any member defaults in payment of dues for more than six months, the Executive Committee may initiate recovery proceedings through legal notice, legal action, or any other lawful recovery mechanism as approved by the General Body or applicable law.
dDelayed payment of maintenance charges shall attract penal interest at the rate of 2% per month or part thereof, calculated from the due date until actual payment.

Member Duties

aThe owner of the unit/property shall remain primarily liable for payment of all maintenance charges, corpus contributions, special levies, and other approved dues, irrespective of occupancy. Payment made by tenant shall be deemed payment on behalf of the owner, and non-payment by tenant shall not absolve the owner from liability.
bEvery member shall be responsible for periodically verifying their account statement, payment status, and dues records. Any discrepancy shall be brought to the notice of the Treasurer within reasonable time.

Member Conduct

A member may be suspended or removed from membership by resolution of the Executive Committee or General Body, if such member acts in a manner prejudicial to the interests of the Association, causes damage to common property, obstructs the lawful functioning of the Association, creates nuisance in common areas, or engages in conduct detrimental to the aims and objects of the Association. No such action shall be taken without issuing a notice and providing reasonable opportunity to explain.

Bank Account Operations

aBank Account or Accounts shall be opened and operated in the name of the Society and operated by President, General Secretary and Treasurer. Any two signatories out of President, Secretary and Treasurer are authorized to sign cheques/applications or any other document required for regular banking needs.
bThe society shall be eligible to borrow funds from any individual, firm, company, bank or any other financial institution for the purpose of meeting its financial requirements.
cThe funds of the society shall constitute the surplus amount after expenses from the maintenance charges income, donations given by general public, subscriptions from members, and fees collected for usage of common amenities.

Communications

Any notice, communication, demand, reminder, or intimation issued by the Association through WhatsApp, email, community management application, official notice board display, or registered post shall be treated as valid service of notice for all purposes under these bye-laws.

Jurisdiction

Any dispute regarding interpretation of these bylaws shall be subject to jurisdiction of competent courts at Hyderabad only.

III

Functions of the Executive Body & Office Bearers

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President

Presides over all meetings of the General Body and Executive Committee. May cast the deciding vote in case of tie. Supervises all branches of the Society.

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Vice President

Assists the President in discharging duties. In the absence of the President, performs the duties of the President as entrusted.

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Secretary

Executive Officer of the Society and custodian of all records. Corresponds on behalf of the Society. Records all minutes and guides the Treasurer in preparing the budget and expenditure statement.

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Joint Secretary

Performs work entrusted by the Executive Committee. Assists the Secretary; may perform the duties of the Secretary in the Secretary’s absence.

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Treasurer

Responsible for all financial transactions and funds of the Society. Maintains accounts with vouchers and prepares accounts jointly with the Secretary or President.

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Office Bearers

Responsible persons to attend to such activities of the Society as the Executive Committee entrusts to them.

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Quorum

½ of total members for General Body Meeting and ¼ for Executive Committee Meeting.

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Funds

Funds shall be spent only for the objects of the Society. No portion shall be paid directly or indirectly to any member. Surplus funds shall be invested as specified under Section 11(5) of the Income Tax Act, 1961.

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Amendments

No amendment shall be made unless voted by ⅔ of members present at a special meeting and confirmed by ⅔ of members present at a second special meeting.

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Winding Up

In case of winding up, the property and funds remaining after discharging all liabilities shall be transferred to another institution with similar aims and objects.

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Annual Accounts

The Executive Committee shall maintain accounts of all in-flows and out-flows. Annual Accounts shall be drawn and audited by a Chartered Accountant before presentation to the General Body for adoption.

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Office Bearer Restrictions

No office bearer shall be allowed to use funds or assets of the Society or derive any benefit either directly or indirectly, as stipulated under Section 13(1)(c) of the Income Tax Act, 1961.