01. PRE-AMBLE

01.1   These Rules and Regulations are framed by  Shikhar Complex Owners’ Association [SCOA], which is a registered association of owners of real estate [residential or commercial], in Shikhar Building Complex , situated near Junwani Square between the Kohka-Junwani Road  and Smriti Nagar Street-1, under Bhilai Municipal Corporation, Chhattisgarh State, originally built, developed and sold by the real estate developer firm, M/s Chouhan Housing Private Limited [CHPL] Bhilai.

01.2   The said Association has been formed as a consequent to the conditions of agreement of Purchase /Sale Deed executed between the original property vendors-M/s Chouhan Housing Pvt.Limited, Junwani, Bhilai and the respective purchaser of the piece of  real estate[residential apartment or commercial property] in the said multi-storied Shikhar Building Complex, also known as “CHPL-SHIKHAR” and to fulfill the provisions of the Madhya Pradesh Prakoshta Swamitwa Adhiniyam-1976.

01.3   These Rules and Regulations are meant for the guidelines and compliance by all flat owners, their family or relatives or their tenants or tenants’ family who are residents of the residential flats in Shikhar Building Complex or users of the Shikhar Building Complex in any manner, in those matters coming under the purview of SCOA, with regard to the general maintenance and  conservation of common facilities of the said Building Complex.

01.4    Ensuring the compliance of these Rules and Regulations shall be the responsibility of the flat owner members of SCOA.

01.5   These Rules and Regulations are to be read and understood in conjunction with the Bye-laws of the said association in Hindi language, as adopted and approved at the time of registration of the association by the statutory authorities on 20^th October 2008, and shall be a part of the said Bye-laws.

01.6   These Rules and Regulations will come to effect on the day the same is approved  by the executive committee of SCOA, subject to its subsequent confirmation in the General Body Meeting.

01.7   The SCOA is empowered to make amendments to this Rules and Regulations from time to time in accordance with the provisions of the bye-laws, in case such amendments are deemed necessary in the interests of the members or for compliance with the law of the land or for removal of any kind of ambiguity.

02.1 Any sole owner [or first named owner in the case of joint ownerships] of any residential or commercial property in Shikhar Building Complex is a deemed member of SCOA. All deemed members are required to pay the prescribed monitory contribution to the SCOA comprising of monthly membership fee to the SCOA and other amounts as may be fixed by the SCOA from time to time, towards meeting the expenses of the association in maintaining the common facilities of the building complex  such as water supply & sewerage, common area electrics and lighting, cleaning & conservancy, general security and watchman ships, electrically operated lifts, patch repairs, building upkeep, payment of taxes or tariff for common facilities or property as may be decided by statutory authorities, etc., and in connection with the administration of such services.

02.2 A deemed member shall be a member with voting eligibility in SCOA in accordance with the bye-laws once the following are fulfilled:

a)                            He/she has joined the SCOA by paying the prescribed Membership Fee together with documentary evidence in support of his/her ownership of the property and the same is duly acknowledged by the SCOA and relevant entrries are made in the books of the Association.

b)                            When there are no outstanding dues on account of prescribed monitory contributions/ membership fees payable to the association, on the day of voting/elections.

c)                            He/she is not debarred or ineligible on account of other reasons in accordance with the law, such as insanity , crime, etc.

02.3 The sole owner of a property and a member of the SCOA may nominate a person of his or her choice to attend the general body meetings of the association and such nominations are to be made in writing to the SCOA. Such nominees may exercise voting rights in the association meetings, but shall not be eligible for getting elected to the administrative or executive body of the association. In a similar way a co-owner of a property may also attend the SCOA meeting, provided the first owner is unable to attend the meetings of the SCOA. First owner of a property may, if he or she so desires, nominate a co-owner as his/her permanent representative in the SCOA activities. Such a nominated co-owner shall exercise voting rights as well as rights to get elected in the executive body of the association in place of the first owner.

02.4 In the case of jointly held property, in the unfortunate event of demise of the first named owner, the next named owner shall become the deemed member, automatically and shall become a member with voting rights subject to fulfilment of conditions under 02.2. In the same manner, in the event of demise of a sole owner, the legal heir becomes the deemed member and has a right to become a member with voting rights in the association under fulfillment of the same conditions .

02.5 In the event a property owner sells or transfers his property legally, the new owner becomes admitted into SCOA subject to the same conditions as applicable to the previous owner.

02.6 In the event the same person/group owning more than one property, with the order of ownership in the same sequence, the person/group has to pay the prescribed amounts for each property separately. However, this person/group shall be deemed as one entity for the purpose of voting / election rights in the SCOA and clearing of all dues with regard to each of the property held shall be necessary for exercising the voting rights.

03.1 Sole owner [or first named owner] of each and every residential property [flat]   in Shikhar Building Complex,  is required to pay a sum as decided by the SCOA towards meeting the maintenance related expenses of the common facilities, every financial year in the following manner:

-         Membership Fee [MF] @ Rs.500/- per month per flat

-         Lump Sum Contribution towards major building works involving addition/replacement/ capital repairs of common facilities such as lifts/pumps/piping/ /sewerage/electrics, external painting, etc as per need and as approved in the General Body Meeting of the SCOA as Special Fee [SF], whenever the management of SCOA feels and rightfully assess a monetory shortfall to execute such works, or the routine maintenance costs exceeds the inflow of funds through MF contribution from the members.

-         Property Tax [PT], or other statutory payments that may arise to be genuinely paid to Bhilai Municipal Corporation or such statutory authorities, by SCOA collectively on behalf of the individual property owners.

03.2 Membership payment shall normally be paid in advance for 12 months @ Rs.6000/-[six thousand rupees] per flat together with any annual special fee as applicable. The association, may however, permit a few owner members to pay the said fee in a few installments, at its sole discretion, in the event of financial difficulty by the owner concerned.

03.3 Payment of membership fee to SCOA with respect to an individual flat purchased on or before October 2008 [ ie month of registration of the SCOA] shall be due from October 2008 and for those flats purchased later from the developers shall be due from the month of actual purchase deed registration.

03.4 For all flats purchased from an existing flat owner other than the original developers, the dues shall be payable from October 2008 or actual month of registration of sale deed by the last owner, whichever is later. It shall be the responsibility of the last owner to ensure that the dues to the SCOA are paid by the previous owner up to the month of the last sale registration. The last owner shall settle all previous dues, in case such dues exist.

03.5 For shop owners, the SCOA may allow a rebate in the membership and special fee payable in case requested by the individual shop owner in writing, subject to the decisions of the Executive Committee of the Association. 

03.6 Membership fee and special fee are payable to the association for those residential property unsold and held by the developers in their custody from the month of registration of SCOA till such time such properties are sold off. However, the Executive Committee of SCOA shall have powers to negotiate and evolve amicable understandings with the Developers of CHPL-SHIKHAR in this regard.

03.7 For re-sale of property in CHPL-SHIKHAR by respective owners, after October 2008, obtaining No-Dues Certificate [NDC] by the concerned seller-owner from SCOA shall be mandatory.

03.8 The SCOA holds the right to take appropriate actions as permitted by law and taking up such matters with concerned authorities for realization of any dues for any property in Shikhar Complex from defaulting owners with regard to the payment of monetory contributions payable as elaborated under 03.1.

03.9 The Association may also take temporary punitive actions against payment defaulters incase such unfortunate exisgencies arise. The punitive actions may include publicising the defaulters details, withholding of certain facilities to the property concerned, such as stoppage of waste removal services, cleaning, etc to the residents of the concerned flat owned by the defaulter.

04.1 Owners of property in Shikhar Building Complex shall be responsible for paying all fees and charges as due to the Shikhar Complex Owners’ Association in time and as per demand of the latter for enabling the latter to discharge the collective responsibilities vested with the association on behalf of the individual owners.

04.2 Keeping of all records of money payment receipts /acknowledgements to SCOA concerning the individual owner member shall vests with the latter.

04.3 The following shall be the responsibility of each member / deemed member of SCOA:

a.      Upholding of general conduct of decency , mannerism and discipline by residents /users of his/her flat/apartment including his/her tenants/guest-visitors to his/her apartment/flat.

b.      Ensuring proper and justifiable use of the common facilities and services of the Shikhar Building Complex.

c.       Notifying the office bearers of SCOA about any matters of general concern to the members for appropriate actions, in time.

d.      Taking appropriate actions for the prevention of illegal or unsafe actions by any one in the said building complex to the extent noted and feasible for the interest of all concerned.

e.       Taking active participation SCOA activities and providing voluntary services of managing the SCOA whenever found necessary.

f.        Co-operating with the SCOA decisions and supporting the office bearers of SCOA to discharge their functions effectively for the collective good of all members.

g.       Maintaining good citizenship and civic responsibilities as applicable to all Indians.

h.       Ensuring that they themselves and other residents of the flats owned by him/her in Shikhar are aware of the DOs and DON’Ts as stipulated by SCOA as given in Annexure-1 and abide by those guidelines to ensure comfortable and safe living to all residents in Shikhar.

05.1 Shikhar Building Complex being a prime property located in a residential-cum-commercial environment, the use of residential space in the apartments for commercial purposes is a likely eventuality. The following kinds of home-based commercial activities may be permissible to be carried out by the owners or their tenants in their apartments/flats subject to the condition that such activities are not illegal and are approved by the statutory authorities and the SCOA:

a.       Professional home based consultancy services by doctors, lawyers, chartered engineers, chartered accountants and computer software professionals.

b.      Services by marketing service professionals, dieticians and beauticians.

However, no such businesses that causes or likely to cause a heavy and undue usage of the common facilities of the Shikhar apartment buiding, namely, the parking space, common corridors, lobbies,  the lifts, water supply, etc due to generally disturbing customer visits shall be permissible. Similarly, commercial activities involving visit of unlawful visitors to the premises or that causes a disturbance in peace and harmony of the premises shall not be permissble.

05.2 Small business activities shall be permissible only when the said activity is not objectionable to the immediate neighbors and at least 5 other members, including at least two members of the Executive Committee of SCOA recommending it for issue of a No-Objection Certification [NOC] by the SCOA and the Association issuing the said NOC after proper evaluation of the case. The Executive Committee of the SCOA may, if they find it necessary, charge an additional ‘ Home-Business Fee’ on a monthly basis in addition to the usual monthly contributions in such cases.

06.1 Owners of property in Shikhar Building Complex shall have the right to sub-let their property to any one of their choice, subject to the following conditions:

a.       They shall not sublet the property to any one having insanity.

b.      They shall not sublet the property for non-permitted commercial activities.

c.       They shall not sublet the property to strangers or non-citizens of India.

d.      They shall not sublet the property to people with criminal antecedents.

e.       They shall not sublet to any one who could cause nuisance or disorder

f.        They shall not sublet the flat to bachelors or students who are likely to cause a nuisance, without personally ensuring the enforcement of discipline and good conduct by such tenant occupants; incase of any complaints by any members or other residents, the owner member shall be prepared to enforce discipline on such tenant residents or their immediate eviction as the case may be.  

g.       The number of adult occupants shall not exceed 5 in 2 Bed Room apartments ( 10 in the case of duplex Pent House type flats)  when the subletting is done to a group other than a family.

h.       The lease agreement/ sub-letting agreement between the flat owner (land-lord or lessor) and the tenants (lessee) shall acknowledge the existence of the owner’s association and the lessee agreeing to the Do’s and Don’ts of SCOA while staying in the let out flat.

06.2 Owners intending to sublet their property, in their own interest, shall provide details of their tenants to the SCOA or instruct their tenants to do the same.

06.3 It shall be in the interest of the owners to follow all statutory guidelines while subletting their property.

06.4 The SCOA reserves the right to notify the concerned property owner regarding any nefarious activities indulged by the concerned tenant and to request both owner and the tenant to stop such practices / behavior/ activities. In the event of non-compliance, the SCOA reserves the right to take such actions that it deemed fit including stoppage of services or legal actions.

07.1 No one including owners, tenants or those related to them in any way, has the right to cause any damage to the common facilities of the Shikhar Building Complex, such as external water supply and sewerage system, external electrical system, lifts, fire extinguishers, common area light fittings, external walls, parking area structures, columns, railings of roof, etc in any manner and to cause damage to them by improper or inappropriate use.

07.2 The SCOA reserves the right to reprimand such individuals indulging in such activities causing damages to the building or its services or facilities, including imposition of monitory fines to the concerned owner/individuals as they deem appropriate in such cases.

07.3 Residents may be permitted by the SCOA to use common areas for conduct of small get-together functions. However, the same shall be communicated to the office bearers of SCOA in advance and a prescribed fee as decided by the association for use of the facilities shall be payable. However, permission to such functions shall be subject to the assessment by the SCOA on its desirability and other relevant matters.

07.4 Parking of vehicles in the stilt parking area shall be on a ‘first-cum-first-serve’ basis and there shall be no parking charges for the owner members who are residents of their respective flats. However, the management of SCOA reserves the right to frame rules for parking from time to time depending upon the actual requirements and also to impose fines or removal of irresponsibly parked vehicles violating the general parking sense or blockage of movements. The management of SCOA may also reserves the powers to restrict the parking of vehicles by those found violating the parking rules. The management of SCOA shall also have powers to restrict the entry of vehicles owned by visitors and their parking in the stilt parking area of Shikhar. Tenants residing in Shikhar flats shall not be entitled to park more than one car or two two wheelers at a time in the parking area. In the event of non-availability of space in the stilt parking area, residents are required to park their vehicles outside the gates till a parking slot becomes available.

08.1 Owners desiring to undertake minor modifications inside their own apartments/shops for genuine reasons may do so without causing disturbances to others and without causing structural damages or external aesthetics of the building.

08.2 Where structural modifications or disturbance to building aesthetics are likely to be involved, the same shall only be done with due approvals from the SCOA.

08.3 The SCOA may approve such proposals provided, the proposal is non objectionable to them and M/s Chouhan Housing Pvt Limited.  

09.1 The management of SCOA activities shall vest with the Executive Committee comprising of the following

            a. The President

            b. The Vice President

            c. The Secretary

            d. The Treasurer

            e. The Joint Secretary

            f.  Committee Members.

The individual functionaries in the Executive Committee shall be discharging their duties and responsibilties voluntarily, without any monitory remuneration, gains or profits, for the common good and on behalf of the other owners of Shikhar Complex, during their tenure as per the Bye-laws. The tenure of the Executive Committee after normal take over of charge shall not exceed three years under normal circumstances. The elections to the succeding Executive Committee shall be held in the Annual General Body (AGM) meeting of the members during the last year of the tenure of the outgoing committee under normal circumstances. However, under special circumstances, for example, resignation or long term absence of key functionaries of the Executive Committee, extra-ordinary general body meeting may be held for deciding on such matters.

09.2 The key-functionaries at (a) to (e) at 09.1 above shall not be eligible for re-electon to the same post for a tenure immediately succeeding. Thus these posts shall not be held by any one continuously for more than one term under normal circumstances. However, in the event of unusual circumstances when no suitable member is available to take up the concerned responsibility, extension of the term beyond the tenure may be allowed by the General Body.

09.3 The decisions taken by the individuals of the Executive Committee in accordance with the principles of corporate governance shall be deemed as the decisions of the SCOA and the individuals shall not be personally liable for the same. The individual functionaries shall be answerable to their actions only for the term and time they are lawfully holding that post.

09.4 The President may assign management duties to self and other functionaries of the Executive Committee for discharge of managing the maintenance related activities of Shikhar complex, including staff and labour management arising thereof.

09.5 All major issues shall be decided / ratified by the Executive Committee in its Committee meetings duly minuted. The income-expense accounts, annual budget proposals and other major notifications, informations, reports shall be presented to the members every year for their concurrance at the Annual General Meeting [AGM].

09.6 The Executive Committee may decide to co-opt a few other individuals normally residents of Shikhar apartments and not necessarily members of the SCOA as Co-opted members of the Executive Committee for special functions. Such co-opted members under invitation shall attend the committee meetings. However, they shall not have any voting rights in the Committee.

09.7 The Executive Committee shall have all the powers for discharging the general management of SCOA as far as routine expenses and management are concerned. However, for major decisions such as enhancement of Membership Fee, Special Fee collection, decisions for major expenses exceeding Rs 30000/- at a time for non-statutory payments, etc shall be taken only after ratification by a general meeting (GM) of the members.