MEMORANDUM OF ASSOCIATION

AND RULES AND REGULATIONS OF

<ASSOCIATION NAME>

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Table of Contents
MEMORANDUM OF ASSOCIATION OF <ASSOCIATION NAME> ____________________ 4
1.

OBJECTIVES OF THE ASSOCIATION: __________________________________________ 4

2.

INCOME AND PROPERTY: _________________________________________________ 4

3.

EXECUTIVE COMMITTEE: __________________________________________________ 5

4.

ADDITIONS, ALTERATION OR AMENDMENTS: _________________________________ 5

RULES AND REGULATIONS OF <ASSOCIATION NAME> ___________________________ 6

5.

SHORT TITLE: ___________________________________________________________ 6

6.

PLACE AND ADDRESS: ____________________________________________________ 6

7.

MEMBERSHIP: __________________________________________________________ 6

8.

MEMBERSHIP FEES: ______________________________________________________ 6

9.

TERMINATION OF MEMBERSHIP: ___________________________________________ 7

10.

GENERAL BODY: _______________________________________________________ 7

Annual Meetings: ___________________________________________________________________ 7

Special Meetings: ___________________________________________________________________ 7
Adjourned Meetings: ________________________________________________________________ 8
Notice of the Meetings: ______________________________________________________________ 8
Place of Meeting: ___________________________________________________________________ 8
Chairman of the Meeting: ____________________________________________________________ 8
Decisions at Meetings: _______________________________________________________________ 8
Disqualification: ____________________________________________________________________ 9

11.

ELECTION OF OFFICE BEARERS: ___________________________________________ 9

12.

FINANCIAL YEAR: ______________________________________________________ 9

13.

EXECUTIVE COMMITTEE, ITS CONSTITUTION, POWER AND FUNCTION: ___________ 9

14.
POWERS AND FUNCTIONS OF THE PRESIDENT, VICE PRESIDENT, SECRETARY, JOINT
SECRETARY AND TREASURES: _________________________________________________ 10
15.

WORKING HOURS: ____________________________________________________ 10

NOMINATIONS AND ITS REVOCATIONS: ________________________________________________ 11

16.

BANK ACCOUNTS: ____________________________________________________ 12

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MEMORANDUM OF ASSOCIATION OF
<ASSOCIATION NAME>
1. This document is called Memorandum of Association.
2. The name of the association shall be <ASSOCIATION NAME>.
3. The registered office of the Association shall be at ASSOCIATION NAME and
ADDRESS OF THE COMPLEX

1. OBJECTIVES OF THE ASSOCIATION:

a. To provide, without any motive of profit, social aid especially for the residents of
COMPLEX NAME and to make services available from Govt. and other agencies
concerning Roads, Footpaths, Parks, Streetlights, Water supply, Electricity supply,
Animal nuisance, Pollution etc.
b. To approach courts of law, including High Court of <Sate name> for the redressal of
grievances, if the competent authorities fail to render justice otherwise.
c. To manage, maintain, administer and regulate the common areas and common
facilities at COMPLEX NAME and ADDRESS as the custodian, to the best advantage
and benefit of all the Members of the Association. To represent the Members in all
matters pertaining to their common problems in the premises and settle or
compromise with third parties any matter or dispute affecting the common problems
in the premises.
d. To promote close co-operation between Members, render all possible advice and
guidance to Members relating to ownership and enjoyment of apartments and to
provide such amenities and facilities to Members from time to time as the Board of
Managers may deem fit.

2. INCOME AND PROPERTY:

The Income and the property of the Association, where-so-ever derived from, shall be
applied solely for the promotion of the objects of the Association and no portion of the
income and property of the Association shall be paid, applied or transferred directly or
indirectly by way of dividends, bonus or otherwise how-so-ever by way of profit to any
member of the Association or any person claiming through any of the members provided
that nothing hereto contained shall prevent the payment in good faith of remuneration or
reward to any officer, employee or servant of the Association or any member of the
Association or other persons in return for any service actually rendered to the
Association.

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3. EXECUTIVE COMMITTEE:
The management and control of the affairs of the Association shall be carried on in
accordance with the rules and Bye-laws of the Association framed by the Executive
Committee for the said purpose. This shall form the Executive Committee or the
Executive Committee. Their names and signatures are given herein to the Memorandum
of Association

4. ADDITIONS, ALTERATION OR AMENDMENTS:

Addition, alteration or amendment shall be made to this Memorandum of Association only
by a resolution of a special general meeting, passed by a majority of 3/4th of the
members present and voting in person, of which a notice of 21 days shall have been
given to every member of the Association. This could be confirmed subsequently by a
second special general meeting convened by the Executive committee after an interval of
30 days of the first meeting. Every change in the Memorandum of Association as
approved above shall be filed with the Registrar within 30 days from the date of making
thereof. Such change shall not have effect until it has been registered by this
Registration. In case of other provisions, which are not incorporated herein, the
Association shall strictly follow the < State name and relevant act > Association
Registration Act, 1960.
The Secretary of the Association is authorized to correspond and deal with the Registrar,
<District/City/State name>.
We, the following persons associated for the purpose and objectives specified in Memorandum
desire to form ourselves into an Association under the <State name and relevant act> Societies
Reg. Act. 1960 and subscribed our signatures for the said purposes.

Sl.
No

Name

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Age

Address

Profession

Designation

Signature

RULES AND REGULATIONS OF

<ASSOCIATION NAME>
5. SHORT TITLE:
These rules shall be called rules and regulations of the ASSOCIATION NAME.

6. PLACE AND ADDRESS:

The place and address of the registered office of the association presently is
ASSOCIATION NAME, ADDRESS.

7. MEMBERSHIP:

An Owner of each flat shall be required to be a Member of the Association

subject to the approval of the Association, provided he is above the age of 18
years. In the event of an Owner being less than 18 years of age, he will be
represented in all matters relating to the Association by a legal Guardian.
The number of Members of the Association shall be limited to the number of flats
constructed in the said Layout. Where the ownership of a flat is held jointly by two
or more persons, one of the joint holders or, in the event of disagreement
between them, the first joint holder shall be permitted to exercise a vote at any
meeting of the Association. The Secretary to the Association shall maintain a
register of members. When an owner transfers the ownership of an apartment,
the right of Membership passes automatically to the new owner on payment of
the Application Fee. In case of death, membership passes automatically to the
legal heir/inheritor of the original member of the Association on payment of the
Application fee.

8. MEMBERSHIP FEES:
Every application for the membership shall be made in the prescribed application form
along with the life Membership Fee of Rs. XXX/- (Rupees XXX only). The Executive
Committee shall consider the applications for the membership and shall admit members
who are eligible under the rules and regulations of the Association. Every Member shall
be liable to pay the monthly Maintenance Charges and such other charges or
contributions as are determined by the General Body of the Association from time to time.
All owners shall obtain a No Objection Certificate (NOC) from the Association before
effecting sale of an apartment. NOC will be issued only after all dues to the Association
are settled.

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9. TERMINATION OF MEMBERSHIP:
The membership shall terminate on:
a) members acting against the objects of the Association,
b) resignation by a written communication addressed to the President of the Association
and accepted by the Executive committee.
c) being adjudicated bankruptcy on entering a scheme or arrangement under
Bankruptcy Act or being declared as of unsound mind.
d) non-payment of dues within 60 days from the due date.

10.

GENERAL BODY:

Annual Meetings:
Within six months of the closing of the annual accounting period (i.e. financial year),
an Annual General Body Meeting of the Association shall be held to consider the
accounts of the Association, to consider the budget estimates and the action plan for
the next financial year, appointment of the auditors of the Association. The Members
may also transact such other business as the Notice calling for the Meeting may
specify.

Special Meetings:
A Special General Body Meeting of the members shall be convened on the
requisition of
(i)
the President/Vice-President of the Executive Committee or
(ii)
the Secretary/Joint Secretary and Treasurer or
(iii)
not less than one-third of the number of members of the governing body, or
one tenth of the total number of members of the society, entitled to vote who
shall state in writing the business for which they wish the meeting to be
convened.
The Special Meeting shall be convened within thirty (30) days of receipt of the
requisition. No other business shall be transacted at a Special Meeting except as
stated in the Notice without the consent of three fourths of the members present.

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Adjourned Meetings:
If any Annual or Special Meeting cannot be held for want of the prescribed quorum,
the Members who are present may adjourn the Meeting to be held at the same place
and not less than two hours from the time at which the original Meeting was called. If
at such an adjourned Meeting the quorum is still not present, the Members present
including proxies being not less than five (5) shall form a quorum.

Notice of the Meetings:

The Secretary shall mail or send to each Member a Notice of each Annual or Special
Meeting to the address furnished by the Member and as recorded in the Register of
Members, stating the purpose thereof and the time and place of the Meeting, twentyone (21) days prior to the meeting. Any irregularity in sending of the notice, however,
shall not invalidate the proceedings of the General Body Meeting.

Place of Meeting:
The General Body Meeting shall be held at the registered office of the Association or
at such other place in <city/locality name> as the Executive Committee may decide.

Chairman of the Meeting:

The President, or in his absence the Vice President, shall preside at the Annual
General Body Meeting and any Special Meeting. In the absence of both, the
Members present may elect a Chairman among themselves to preside over the
Meeting.

Decisions at Meetings:

Every issue at an Annual General Body Meeting and/or a Special Meeting

shall be decided by the voting Members present and shall be decided by a
simple majority of votes cast in person or by proxy at that Meeting. In the
event of a tie, the Chairman shall have a casting vote.
Any Resolution passed and/or decision taken on any matter at an Annual
General Body Meeting/Special General Body Meeting, including at adjourned
meetings, with prescribed quorum, shall be deemed to be a Resolution
passed and/or decision taken on any matter by the majority of the members
and shall be binding on all Members/Occupants.
In all meetings of the General Body, every Member shall have one vote regardless of the area of
the Unit he/she owns, provided that any Member owning more than one Unit, and each of the
said Units is registered as a separate Unit in his/her name, shall have as many votes as the
number of Units he/she owns. Votes shall be cast in person or by proxy. The proxy shall be a
Member of the Association or an Occupant of any Unit and shall be appointed by the owner of the
Flat in writing addressed to the President and/or Secretary. Voting shall be by show of hand or by
ballot.

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Disqualification:
A member shall not be entitled to vote in any General Body meeting if the Member is
in default in respect of payment of maintenance and other charges due to the
Association for more than three months. A Power of Attorney Holder or an Occupant
appointed as a proxy by any Member of the Association to attend any meeting of the
General Body and vote for behalf of the Member shall not be entitled to contest any
election to the Executive Committee.

11.

ELECTION OF OFFICE BEARERS:

The Executive Committee shall consist of a President, a Vice-President, a Secretary, and

a Treasurer along with 5 other committee Members, totally 9 members constitute the
Governing Body. A new Executive Committee shall be elected in the General Body
Meeting once every year. The election shall be conducted by show of hands or, if
necessary, by secret ballot.

12.

FINANCIAL YEAR:

The accounting year of the Association shall be the financial year i.e. 1
March of the succeeding year.

st

st

April to 31

13.
EXECUTIVE COMMITTEE, ITS CONSTITUTION, POWER
AND FUNCTION:

An Executive Committee shall govern the affairs of the Association. Any Member
of the Association is eligible for election to the Executive Committee. The
Executive Committee shall consist of nine members, comprising of the President,
Vice-President, Secretary, Treasurer and other 4 members who shall be the life
members of the Association.
Nominations shall be invited for election to the posts of the President, VicePresident, Secretary, and Treasurer prior to the Annual General Meeting. Each
Member shall only be eligible for nomination to one post in the Executive
Committee. The General Body shall elect the President, Vice-President,
Secretary, and Treasurer to the Executive Committee.
The Executive Committee has the power to accept membership or terminate
membership, submit annual report and accounts to the General Body Meeting, to
suggest alteration, amendments, or modification of the rules and regulation of the
Association and to do any other activities in the interest of the Association as per
the rules and regulation of <State name> Societies Registration Act.
The Executive Committee shall be eligible for re-election on completion of their
respective tenures. However, the Executive Committee members can serve for a
maximum of three consecutive terms (i.e. three years). Thereafter, there shall be
a gap of one year for Executive Committee members before they can serve again
in the Executive Committee.

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Any vacancy in the Executive Committee arising out of resignations, expulsion,

death, or there being no candidate in the election or for any other reason during
the tenure of the Committee, may be filled up by the Executive Committee by cooption for the duration or the rest of the term of the Committee.
The Executive Committee can bring amendments to the memorandum of
association or rules there under in special General Body Meeting as per Section
9 and 10 of the <state name and relevant act> Societies Registration Act, 1960.

14.
POWERS AND FUNCTIONS OF THE PRESIDENT, VICE
PRESIDENT, SECRETARY, JOINT SECRETARY AND TREASURES:
President: The President shall have general control over all affairs of the Association and
shall act on behalf of the entire Association. He shall have the power to defend or pursue
all legal actions on behalf of the Association, to enter into contracts, to give advice over
policy matters, to institute legal proceedings and sign all papers and documents relating
thereto.
Vice President: In the absence of President, Vice President to preside over the
meetings and to give advice over policy matters. In the absence of the President, Vice
President has the power to defend or pursue all legal actions on behalf of the Association,
to enter into contracts, to give advice over policy matters, to institute legal proceedings
and sign all papers and documents relating thereto.
Secretary: General Administration, all works for registration of Association with Reg. of
Firms, and its periodical renewals, correspondence, enquiry into the public complaints
and its periodical renewals, correspondence, enquiry into the public complaints and to do
everything necessary by coordinating the work with the help of Govt. agencies and also to
perform other responsibilities as per the need.
Treasurer: Maintenance of accounts and other works as per the direction of the
Executive Committee. Except the miscellaneous expenses all other expenses have to be
done preferably by cheques, with the written consent of President, Secretary and any two
committee members. The Bank A/c has to be operated jointly by Treasurer and either
President/Vice President/Secretary/Joint Secretary.

15.

WORKING HOURS:

1. The office timings of the Association are between 9 am to 11 am and 4 pm to 6 pm.

2. Once in every year, the accounts of the Association shall be audited by properly
qualified Chartered Accountant appointed by the Association in their Annual General
Meeting. There shall be maintained all accounts of the Association regularly. The
accounts shall be audited by a Chartered Accountant every year. Accounts will be
closed by 31st March of the accounting year.
3. The Association shall, on or before 30th June in every year, publish an audited
annual financial statement, which will be available for the scrutiny of any member at
the registered office during its working hours and will also be provided to every
member along with the Notice for the Annual General Body Meeting. A copy of the
report will also be submitted to such authorities as may be required by law. As per
Section 13 of the <state name and relevant act> Societies Registration Act 1960
Balance Sheet will be filed with the Registrar.
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4. If the General Body takes a decision to amalgamate the association with any other
similar Association it is allowed to do so as per Section 21 of the <state name and
relevant act> Societies Registration Act 1960.
5. The dissolution of Association and distribution of profits are concerned, it will be done
as per Section 22 and 23 of the <state name and relevant act> Societies Registration
Act, 1960.

NOMINATIONS AND ITS REVOCATIONS:

o

A member of the Association may by delivering a signed declaration to the

Association, nominate a person(s) who shall be entitled to the right, title and
interest in Flat and to have his name recorded in the register of member in the
event of his death.
A member may revoke or vary his nomination at any time by making a
revised/fresh declaration as set forth above and delivering it to the Secretary of
the Association. An alternate member shall not have the power to file further
nomination as set forth above. On receipt of such nomination or the revised/ fresh
declaration as to the nomination or the letter of revocation of the earlier
nomination, the same shall be placed before the meeting of the Executive
Committee to be held next, for its consideration and approval. Every such
nomination or revocation thereof shall be enter in the register of nomination by
the Secretary of the Association within a week of the meeting of the management
committee in which it was recorded. Where a nominee happens to be a minor,
the member shall appoint a guardian or ward of such minor, without which the
nomination shall be treated as invalid.
The Association shall indemnify all the Executive Committee members from any
liability or losses that may arise while acting in good faith in the course of
discharge of their duties and responsibilities excepting for offences involving
wilful misappropriation of Association funds and/or other financial
misdemeanours and/or moral turpitude.

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16.

BANK ACCOUNTS:
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The Executive Committee shall open Bank Account/s with any Scheduled Banks
in the name of the Association as may be decided by the Executive Committee
from time to time and shall authorize the operation of such accounts jointly by
any two of: the President, the Secretary and the Treasurer.
An Auditor shall retire at the Annual General Meeting following his appointment
but shall be eligible for reappointment. The nomination of auditors shall be
submitted by the Executive Committee to the members of the Annual General
Meeting. A member of the Association will not be eligible for appointment as
auditor.
All the provisions of <state name and relevant act> Societies Registration Act,
1960 shall be followed, the members undertake herewith.

Name

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Age

Address

Profession

Designation

Signature