By-Laws (BYE-Laws)

OF
THE BLUE LOTUS PARK APARTMENT
OWNERS ASSOCIATION
CHAPTER1: PRELIMINARY
1. The name of the Association shall be THE BLUE LOTUS PARK
OWNERS ASSOCIATION.
2. The registered address of THE BLUE LOTUS PARK OWNERS
ASSOCIATION. Shall be as under:
THE BLUE LOTUS PARK APARTMENT OWNERS SSOCIATION
Jinketamanahalli,Varanasi Mamin Road, T C Palya Post, Ramamurthy
Nagar,Bangalore 36.
Any change in the address of the association shall be
communicated to the jurisdictional Registrar of Firms and
Societies within 14 days from the date of such change.
3. Definitions
In this bye laws, the following words and expressions shall, unless
repugnant to the context or meaning thereof, having the meaning
hereinafter respectively ascribed to them:
a. Accounting Year means the financial year commencing
st st
from the 1 April of any calendar year and ending on the 31
March of the next calendar year.
b. Applicable Laws means all laws in force and effect as of
the date hereof and which may be promulgated or brought
into force and effect hereinafter in India, including
 judgments, decrees, injunctions, writs or orders of any court
of record, as maybe in force and effect during the
subsistence of the byelaws.
c. Apartment means a part of the property THE BLUE
LOTUS PARK intended for independent use, including one
or more rooms or enclosed space located on one or more
floors of the property, intended to be used for residential
purposes and with a direct exit to the public street, road or
highway or to common area leading to such street, road or
highway.
d. Apartment owner means the person/s owning an
apartment along with an undivided interest in the common
areas and facilities.
e. Apartment number means the number, letter or
combination thereof designating the apartment in the deed
of conveyance.
f. Arbitration Act means the Arbitration and Conciliation Act,
1996 and shall include any amendment to or any re
enactment thereto as in force from time to time.
g. Act means the Karnataka Apartment Ownership Act, 1972.
h. Block means each of the blocks Block A , Block B, Block C
and Block D referred to individually.
i. Property means all that piece and parcel of land and
buildings existing and constructed on Corporation
 Khata Nos(to be filled).,amalgamated Corporation No.(to be
filled) measuring(to be filled)Sft the entire property is
bounded by:
East: Main Road
West: Property Kalkere Village Boundary
North: Vacant Sites in Sy.No 11/1
South: Remaining portion in Sy.No 11/2 and 11/4
Along with surrounding open spaces, roads, parks,
playgrounds, parking spaces, civic amenities.
j. Building means the building complex THE BLUE LOTUS
PARK comprising of individual blocks as referred to in the
previous point along with the surrounding open spaces,
roads, play areas, parking places and civic amenities
constructed/erected on the Property.
k. By-Laws means the bye laws of the Association.
l. Committee means the managing committee of the
Association formed in accordance with Chapter of this By-
Laws.
m. Common Areas and Facilities shall mean:
i. The foundations, columns, girders, beams, supporting
main walls, roofs, corridors, lobbies, stairs, stairways,
fire escapes, entrances and exits of the building.
ii. The gardens, general parking areas, driveways, the
premises for lodging of person employed for
maintenance and management of the property.
 iii. Installations of central services such as power, light,
power generators and sewage treatment plant.
iv. The elevators, tanks, pumps, motors, Power backup
generators, fans, ducts and in general all apparatus
and installation existing for common use.
v. Fire alarm and sprinkler system
vi. Gymnasium with all the equipment
vii. Underground water and sewage lines, cable TV and
telephone lines, common electricity meters and fiber
optic conduits, intercom and any other facilities that
may be added from time to time as common areas and
facilities.
viii. Sitting area and praying area
ix. Such community and commercial facilities as maybe
provided as common areas and facilities.
x. All other parts of the property necessary or
convenient to its existence, maintenance and safety or
normally in common use.
n. Common expenses means:
i. All sums lawfully assessed against the apartment
owners by the association
ii. Expenses of administration, maintenance, repair or
the replacement of common areas and facilities.
 iii. Expenses agreed upon as common expenses by the
Association
o. Member means any person/s entered as such in the
Register of Members maintained by the Association.
p. Resident shall mean any person/s in occupation of an
apartment
q. Parking space means the areas earmarked/reserved for
parking as per the sanctioned plans.
r. Person means (unless otherwise specified or required by
the context), any individual, company, corporation,
partnership, joint venture, trust, unincorporated
organization, government or Government agency or any
other legal entity.
s. Net Surplus/Deficit means the balance of all income, rents,
receipts and revenues from the common areas and facilities
remaining after the deduction of the common expenses.
t. Registrar means the Registrar appointed by the
Government under the provisions of the Karnataka Societies
Registration Act, 1960.
u. Association means the THE BLUE LOTUS PARK
Apartment Owners Association.
4. Interpretation: In this bye law, unless the context otherwise
requires:
a. Any reference to a statutory provision shall include such
provision such as is from time to time modified or re
enactment or consolidation so far as such modification or
reenactment or consolidation applies or is capable of
applying to any transaction entered into hereunder.
b. References to the Applicable Law shall include the laws, acts,
ordinances, rules, regulations, guidelines or bye laws which
are in force in the State of Karnataka.
c. The words importing singular shall include plural and vice
versa, and the words denoting the natural persons shall
include partnerships, firms, companies, partnership, joint
venture, trust, societies, organizations or other entities
(whether or not having a separate legal entity)
d. The headings are for convenience of reference only and shall
not be used in, and shall not affect, the construction or
interpretation of this ByeLaws.
e. The words include and including are to be construed
without limitations;
f. Any reference to any period of time shall mean a reference to
that according to the Indian Standard Time.
g. Any reference at any time to any agreement, deed,
instrument, license or document of any description shall be
construed as reference to that agreement, deed,
instrument, license or other document as amended, varied,
supplemented, modified or suspended at the time of such
reference;
 h. Any agreement, consent, approval, authorization, notice,
communication, information or report required under or
pursuant to this Bye Laws from or by any party shall be valid
and effectual only if it is in writing under the hands of duly
authorized representative of such Party, as the case may be,
in this behalf and not otherwise;
i. Unless otherwise stated, any reference to any period
commencing from a specified day or date and till or
until a specified day or date shall include both such days
and dates.
5. Ambiguities and Discrepancies: In case of ambiguities or
discrepancies within this Agreement, the following shall apply:
a. Between two Chapters of these By-Laws, the provisions of
specific Chapters relevant to the issue under consideration
shall prevail over those in other chapters.
b. Between Chapters and the Schedules and Annexures, the
Chapters shall prevail.
c. Between any value written in numerals and that in words,
the latter shall prevail.
6. Applicability
These Byelaws shall be adhered to and followed, in its true spirits
by all the Members of the Association, their tenants, employees,
servants and/or any other person who may use the facilities
within the apartment in any manner.
 Mere act of acquisition or rental or taking on lease and/or license
of any apartment in THE BLUE LOTUS PARK or mere
occupancy of any apartment shall mean that these bye laws have
been read and understood, accepted, ratified and will be
complied with at all times.

CHAPTER2: OBJECTS OF ASSOCIATION

The Objects of the Association shall be:
1. To be and to act as the Association of Apartment owners of the
building THE BLUE LOTUS PARK located at No Sy.No
11/2,11/3,11/4,11/6,11/7 (hereinafter called THE BLUE
LOTUS PARK Apartment ] who have filed his/her/their
respective Declaration/s submitting his/her/their respective
Apartment/s to the provisions of the Act.
2. To invest or deposit moneys belonging to the association.
3. To establish and carry on its own account or jointly with
individual/s or institutions/s, educational, physical, social and
recreational activities for the benefit of the apartment owner/s
with the approval of the General Body.
4. To frame the rules, with the approval of the General Meeting of
the Association for establishing a Provident Fund, Gratuity Fund,
and such other statutory fund/s, if necessary, for the benefit of
the employee/s of the Association.
5. To do all things necessary and/or otherwise provide for their
welfare expedient for the attainment of the objects specified in
these ByLaws.
6. To manage, maintain, administer and regulate the common area/s
and/or facilities such as water supply to the apartment/s and the
common area/s as custodian, to the best advantage and benefit
Of all the Apartment Owner/s and bonafide resident/s authorized
by the Owner/s by contribution/s, payment of the maintenance
charges from the apartment owners.
7. To promote common interests, wellbeing and welfare of the
Apartment owners, encourage mutual help and comradeship
amongst them in accordance with cooperative principles.
8. To hire or enter into contract/s and/or agreement/s for or in
connection with all allied matters or purposes that may be
required for running and maintaining the building, common areas
and facilities.
9. To initiate or defend any legal proceedings, only in so far as it is
related to connected with the common areas and facilities or
encroachment of the Rules and the Byelaws, regulations, duties
and responsibilities herein appended and any other related
affair/s and to protect the common interests of the association.
10. To build up reserves for the Association by judicious and
economical expenditure every month, not exceeding the
collections of the maintenance charges and invest the resultant
reserves of the Association, not immediately required, in any
deposits, investments in Nationalized Banks and approved
Securities under the Trust Act.
11. To collect the maintenance charges from owners, create and
maintain additional funds that may be created by additional levy
of charges (e.g. Corpus Fund) and / or charges as penalties for non
payment of maintenance charges and/or damages caused by the
 Members, etc., in the common interest of all the members of the
association
12. To constitute Inquiry Committees of Members to go into,
investigate, inquire and advise the general body or the Managing
committee about any problems, dispute, and differences, either
among the members or between the association and one or more
Members and other related matters of the Association.
13. To generate additional revenue for the association by allowing
certain private functions of the owners, tenants and/or lessees on
the common premises.
The Managing Committee shall not act beyond the scope of its
objects without duly amending the provisions of these by-laws for
this purpose.

CHAPTER3: MEMBERSHIP
1. Signatories All persons who have signed the application for
registration of the Association shall be deemed to be the original
members.
2. It shall be mandatory for all owners to become a member of the
Association. Membership to the association will be subject to the
provisions of the Act, Rules and these By-Laws.
3. All persons who have purchased apartment/s in the Property and
executed respective Declarations under Section 5 of the
Karnataka Apartment Ownership Act, 1972, submitting their
apartments to the provisions of the Act shall be deemed to be
members but they shall acquire formal membership of the
Association by applying in writing in a format published to the
President/Secretary of the Association for the membership
together with the membership fee.
4. Each Apartment Owner on becoming a member shall receive a
copy of the By-Laws of the Association.
5. The said membership shall be co terminus with the ownership of
the apartment/s and shall be automatically terminated upon the
sale of the apartment/s and the new owner shall become the
member by paying the membership fee that might be prescribed
from time to time by the Association at the Annual General body
Meeting.
6. The amounts received as the membership fee is non-refundable
and shall be retained by the Association and shall form the corpus
towards the reserve fund to be used for overall maintenance,
repairs of urgent nature and towards any other exigencies and/or
emergencies that may arise.
7. If the Apartment owner is a firm, company or HUF, the
membership of the association shall stand in the name of the firm,
company or HUF and the person authorized by such firm,
company or HUF shall be entitled to vote.
8. Where an apartment has been purchased by two or more persons
jointly, the membership of the association shall stand in their joint
names, but the person whose name stands first in the sale deed
shall alone be entitled to vote. Notwithstanding the above, the
first person named in the sale deed may authorize in writing any
of the other joint owners and/or any other family member to act
as a member on his behalf.
9. Upon any Apartment owner selling or absolutely conveying the
apartment in favor of any third party, by way of gift or release or
otherwise, the subsequent Purchaser, Donee or release shall be
admitted as a member of the association on fulfillment of the
aforementioned condition. The membership fee is not
transferable (Points to be discussed).
10. On the death of an apartment owner, the membership of his
apartment shall be transferred to the person/s to who he
bequeaths the same by his will or to the legal representative of
his estate, in case he has died intestate. The names of the legatee
or the names of the legal representatives shall be entered in the
Register of members. Where any legatee is a minor, the name of
his natural/legal guardian shall be entered in the Register of
Members. However, only one legatee or legal representative shall
be entitled to vote or be elected to the Managing Committee.
11. No apartment owner/s shall be entitled to vote at the election of
members of the Managing Committee or any other office bearers
of the association or be entitled to contest for election to such
office if they are in arrears for a period of more than 60 (sixty)
days on the date of the meeting notice in respect of their
contribution for maintenance or other charges of the association.
CHAPTER4: MANAGEMENT OF THE ASSOCIATION
Day to Day Management
a) The day to day affairs of the Association shall be conducted and
shall vest in the Managing Committee.
b) The Management Committee shall be constituted as per the rules
decided and approved by association and the members of the
Managing Committee shall comprise of Apartment Owners or
their authorized representatives only who shall be the present
residents of THE BLUE LOTUS PARK .
c) The Management Committee may employ a Manager at a
compensation determined by the Committee to perform such
duties and services as the committee shall authorize from time to
time.
d) This appointment and continuation of the Manager shall always
be governed by the Managing Committee.
e) The Secretary and the Manager shall be responsible for
identifying and assessing the requirements of Association, making
proposals for the budgets. Manager shall always be required to
undertake all acts and deeds necessary to achieve the objectives
of the Association in a smooth manner and to provide for general
administration support to the Executive Committee. All
actions/proposals of the Manager shall be subject to the approval
of the Committee as per guidelines laid down by the General Body
from time to time.
f) The Manager may be required to attend all the Meetings of the
General Body but shall have no voting rights.
g) The members or their proxies shall be eligible to attend all
Meetings of the General body.
h) The Committee may appoint officers, advisers, accountants, lift
operators, or any other staff that may be required to achieve the
objects of Association. The Manager shall report to the committee
and the rest of the Officers/employees of the Management shall
report to the Manager. The salaries and emoluments of the
Manager and all other Officers shall be paid by the Association.
i) If any of the committee members wishes to move out their posts,
he/she shall give a prior notice of 15 days, relinquish the post and
such vacancy shall be duly filled by the managing Committee by
coopting any other Member.
The Management of the Association
a) The management of the affairs of the association shall vest in the
Managing Committee constituted under the provisions of the Act,
rules and bylaws of the Association.
b) The managing Committee shall comprise of Office bearers
mentioned hereunder from (i) to (vii) :
i. A President
ii. A Vice President
iii. A Secretary
iv. A Treasurer
v. Executive Committee Members 4 members
c) It shall be mandatory that each block is represented at least by 2
members in the overall committee.
d) The election and demarcation of duties of the Office bearers will
be decided by the elected Managing committee.
e) Only the Members or their nominated proxy shall be entitled to
elect the representatives to the Managing Committee.
f) The General Body shall be at liberty to increase the Management
Committee members only through an amendment through a
General Body Meeting.
g) The elections of the Managing Committee members shall be held
under the supervision and direction of the Returning Office
appointed and all the questions relating to the election or arising
in connection therewith shall be decided by the returning Officer.
h) Members proposed for the election of the committee at the
general meeting should have been members of the association for
a continuous period of 12 months before the date of the meeting
at the general body, should have paid their dues to the
association up to date. This shall, however, not be applicable to
the First managing Committee.
i) The election, term of office, their duties and removal/expulsion of
Managing Committee shall be as set out in these By-Laws.
Powers & Responsibilities of the Committee
a) To admit new Apartment owners as members;
b) To do all activities for meeting the objects of Association;
c) To control and manage all funds, properties of the Association;
d) To take care and upkeep the common areas and facilities and
supervise, direct and control the day to day administration of the
association;
e) The committee shall also have powers to consider and decide any
emergent and temporary restrictions on the operations and use
of the common areas and facilities and advise the owners
accordingly for the compliance of the same;
f) To appoint, suspend, punish and dismiss the employees and the
staff and to fix their duties, conditions of service, conduct and
their remunerations;
g) To appoint or constitute sub committees to assist the Managing
Committee in any activity of the association;
h) To keep proper accounts of the Association and make a provision
for the audit of the same and appoint outside accountants, if
necessary;
i) To inspect and check the accounts kept by the secretary and/or the
treasurer of the Association and examine the registers and
accounts, books, etc. and to take steps for timely recovery of all
dues owed to the Association either by members or outsiders;
j) To sanction work expenses, check cash balances, check bank
balances of the Association for their correctness and to see that
the cash book is written properly and promptly.
k) To enter into any contract or agreements with any person/s,
company, firm/s or corporate body for the purpose of carrying out
any of the objects of the Association and to renew the same;
l) To execute any documents to be executed by or in favor of the
Association;
m) To represent the association in all matters;
n) To authorize institution of and defend legal proceedings;
o) To prepare periodical reports including yearly report, statement of
expenses and receipts, balance sheets with assets and liabilities,
estimate of revenue and expenses;
p) To redress the complaints of the Members;
q) To decide on any expenditure required to discharge its duties and
accordingly decide the contributions to be made by each member
for the purpose;
r) To incur all the expenses, with the approval of the General Body,
that may be required for major replacement of equipment,
fittings, fixtures, etc. of the common services and repair and
reconstruction of any or part of the building from funds that may
be collected under the heading of Corpus Fund. The Managing
Committee should exercise due prudence in ensuring that
ordinary repairs generally of revenue expense nature should not
be met from the Corpus Fund.
s) If an apartment owner defaults in payment of his share of expense
and contributions and is in arrears for a period of one month or
more, the Managing Committee will have powers, by
 Giving not more than one weeks notice in writing and / or
displayed in the notice board, to take necessary administrative
actions by levying fines and interest, simple or compound for such
defaults, in addition to discontinuance of common services such
as water, electricity, etc. The Association may also take legal
action as deemed fit and seek necessary charge on property for
expenses not paid by owner and such other actions as per
provisions of the Act.
t) To seek legal redressal against any defaulting agencies and/or
Members.
u) To deal with infringements and/or default of any of the rules,
regulations and By-laws of the Association as and when it arises.
v) To collect any other fee for any other specific service/facility
rendered by the Association
Election and Terms of Office of the Managing Committee
a) At the first General Meeting of the Members, the Managing
Committee will be elected, whose terms of office will be fixed for
a period of two years. The term of office will commence from the
Annual General Meeting date till the next Management
Committee takes charge.
b) At the expiry of the initial term of office of respective Managing
Committee members, his/her successor shall be elected to serve a
term of two years. Such outgoing/Managing Committee members
shall hold office until their successors have been elected and
taken charge of office.
Vacancies in the Committee
a) Any member of the Managing Committee who absents himself for
four consecutive committee meetings shall relinquish his/her
post.
b) All the vacancies in the Managing Committee caused by physical
incapacity, death, resignation or cessation of membership of the
Association or for any reason/s may be filled by the members of
the Committee by coopting any other member. Any person co
opted shall cease to be a member of the committee at the time of
the next annual general meeting when the vacancy shall be filled
by election for the balance period of the two year term.

Removal of One or More Member of the Committee

a) In a special general body meeting duly called for as per the by-
laws, any or more members of the Committee may be removed,
rd
by a no confidence motion and approved by a 2/3 majority of
votes by the members present and eligible to vote.
b) The notice for the Special General Body meeting shall clearly state
the time, date and place of such meeting, the purpose thereof.
The members of the Committee who are caused to be removed
shall be given a reasonable opportunity to be heard at such
meetings.

Regular Meetings of the Managing Committee

a) The Managing Committee shall meet at least once in 30 days at
the Office of the Association. If for any reasons the committee is
unable to meet on the appointed day, notice for the proposed
 Committee meeting shall be given to each member of the
committee personally or through email or fax/telegram/postal
mail at least five days prior to the meeting.

Special Meeting of the Committee

a) The special meeting of the committee may be summoned by the
President, to consider any urgent and important matters and on
one days notice to each committee member in the manner as
said above for the regular meetings. Special Meetings of the
Managing Committee shall be also called on the written request
of at least 50% of the members of the Committee stating clearly
the purpose of the meeting.

Conflict of Interest
a) A member of the Committee shall not participate in any matter
under consideration by the Committee regarding the provision of
any services or entering into any contract by the Association with
any Member of the Committee or any entity being a partnership
firm, company, trust, organization or association whom the
Member of the Committee or his relative is associated and has a
direct or indirect financial interest and the interested member of
the Committee shall not be entitled to vote in such meetings in
such interested agenda.
b) Any Interested member of the committee must disclose the fact,
in writing to the President as soon as the potential conflict is
discovered and to the extent possible, before the agenda for the
meeting involving the matter at issue is prepared. If conflict of
interest is discovered during the meeting, the committee member
 must verbally declare such conflict of interest immediately. Such
declaration must be clearly noted in the minutes of meeting and
the Member shall abstain from voting.

Waiver of Notice
a) Notice for the regular meeting need not be given. The committee
before the closing of each of the meeting shall decide the time
and place of meetings and regarding the dispensation of notice.
But a special mention shall be made in the next meeting of the
committee, the minutes of the previous meeting read out and
confirmed by the members present.

Quorum
a) At all the meetings of the Committee, 50% of the members shall
constitute a quorum for the transaction of business. If at any
meeting, there is no quorum as above, it may be adjourned to
another time, date and place. No formal notice is required for
adjourned meeting.
b) All questions before the Managing Committee shall be decided by
a majority of the votes of the members present and the President
shall have a right to a second vote in the case of a tie.
c) Any urgent business of the Managing Committee may be
transacted by circulation of papers. Any decision obtained by
circulation of papers shall be placed at the next meeting of the
managing committee and a formal approval sought from the
members.
 d) The Managing Committee shall have the power to appoint one or
more subcommittees amongst its own members and/or amongst
other members of the association for the purpose of facilitating
business and to assign all or some of its duties and powers to such
subcommittees.

Sub Committees / Task Teams

a) All subcommittee shall function under the Managing Committee
and collection of funds and expenditure thereof should only be
with the Managing Committees approval. The Managing
Committee shall ensure that at least one Managing Committee
member is a part of the subcommittee who shall be responsible
for the management of all the funds of the subcommittee with
the appropriate submission of accounts to the committee

Duties and Responsibilities of the Office Bearers

The President
The President shall be the Chief Executive Officer of the Association and
of the Committee and shall have all the general powers and duties
which usually vests in the office of the president of the Association. The
President will preside over the General and Special Meetings of the
Association and also of the Committee Meetings. The President shall
from time to time be entitled to check the books, files, maintained by
the Treasurer and Secretary.
The Vice President
If the President is absent or unable to preside over any meeting, the
Vice President as stated in the ByLaws will take the chair and conduct
the meetings. In case of Committee meetings in the absence or inability
of the President to take the chair, the Vice President shall preside and
conduct the meetings.
The Secretary
The function and duties of the secretary shall be as follows:
a) Shall be the executive officer of the committee and the
association
b) Will be responsible for convening all the meetings of the
Association and Committee
c) Shall record the proceedings and minutes of the meetings of the
association and the committee, in the minute books kept for the
purpose.
d) Shall be responsible for maintaining the books, registers and other
records unless otherwise decided by the Committee.
e) All documents, registers and such other important assets of the
Association shall be in the custody of the Secretary
f) To sign all documents for/ on behalf of the association of the
Association and represent the Association in any legal matters.
g) To supervise and administer the day to day running and
functioning of the Association by having an overall check and
control of all the employees of the Association
The Treasurer
a) The treasurer shall be responsible for funds and finances of the
Association. He shall also be responsible for the keeping full and
accurate account of all receipts and disbursements of the
Association, for deposit of all monies and other valuable effects in
the name and to the credit of the Association.
 b) He/She shall maintain and be in custody of all the financial
documents, book of accounts, and be responsible for maintaining
promptly and accurately, all the financial transactions in a proper
ledgers and books.
CHAPTER 5: MANAGEMENT OF FUNDS
All income of the Association shall be utilized only for the promotion of
the aims and objectives of the Association.
Sources of Income
The sources of income of the association shall be as under:
a) Admission Fees paid by Permanent members
b) Corpus funds collected by the Association
c) Contribution by members for the upkeep, maintenance and
management of Common areas and facilities.
d) Interest, dividends, etc from bank accounts or investments made
by the Association
e) Donations, gifts, etc received by the Association
f) Any other funds collected by the Association

Accounting
The funds derived as above shall be accounted for fewer than three
heads, each earmarked for a specific purpose as under.
1. General Fund
a) Income
The Annual Maintenance charges, late fees, penalties on Not
following rules, charges for change of tenancy/ownership
collected from owners.
 Interest accrued from the Savings and Fixed Deposit from
Association Accounts
b) Expenditure
All normal maintenance of common areas, assets and
appurtenances including staff salaries shall be charged to this
fund.
Any capital expenditure of less than Rs.5000/ shall be charged
under this fund
A predetermined amount collected every year may be
transferred to Sinking Fund every Financial year as per rule
below
Surpluses, if any, shall be transferred to the Reserve Fund at the
end of the year.
c) Holding Amount not required for normal monthly expenses
shall be held in a savings account in any scheduled bank or
invested suitably as decided by the Management Committee
2. Reserve Fund
a) Income
Admission Fees Paid by Members
Surpluses, if any, from contributions from the owners for
installation of any capital equipment or for major maintenance
Amounts transferred from the General Fund
Interest accrued in this Fund from Term Deposit/Savings
Account of this Fund kept in any scheduled bank.
 Any other fee collected from owners selling his/her apartment
b) Expenditure The Committee only with the prior approval of
the General Body shall incur expenditure from Reserve Fund.
Specific provision in the annual budget/revised budget shall be
deemed as approval for such expenditure from this fund
Special nonannual maintenance such as painting of common
areas and exterior of the buildings
Any capital expenditure of exceeding Rs.5000/ other than
replacing plant, machinery and equipment
c) Holding The amount accrued in this Fund shall be held as Term
Deposit/Savings Account in any nationalized bank
3. Sinking Fund
a) Income
Periodic transfer of the amounts specifically collected from the
owners
Any scrap value realized from the disposal of unserviceable
Plant and Machinery, furniture, etc.
Interest accrued in this Fund from Term Deposit/Savings
Account of this Fund kept in any scheduled bank or institution
b) Expenditure The fund shall be utilized exclusively for
replacing Plant, machinery or equipment as and when such
items become unserviceable. The Committee only with prior
approval of the General Body shall incur the expenditure from
this fund and encashing of Term deposits/investments shall be
 done only under such circumstances. Specific provision in the
annual budget/revised budget shall be deemed as approval for
such expenditure from this fund
c) Holding The amount accrued in this Fund shall be held as Term
Deposit/Savings Account in any nationalized bank or in any
liquid instrument in scheduled institution

Deposit of Funds
The funds of the association shall be kept in any
Nationalized/Scheduled bank(s) and /or deposited with any post
office(s), Government Financial Institutions and /or any securities
specified under the Income Tax Act and/or where the Committee
(subject to the approval of the General Body) may decide from time to
time. Bank Accounts shall be operated by joint signatures of any two
office bearers out of the President, the Secretary and/or the treasurer.
Investment of Funds and Guidelines for Investment
The committee while investing the Funds of the association shall follow
the following principles:
a) Of the three primary attributes of Safety, Liquidity and Returns
associated with the investment decisions; safety of principal
shall be accorded the highest priority
b) Investments shall be planned so as to fulfill the liquidity needs of
the association and therefor part of the corpus shall be placed in
investments that are liquid. Money cannot be placed with private
cooperative or unscheduled banks.
 c) The committee is entitled to frame further guidelines from time to
time for investment.

Mode of collection
The committee may decide from time to time the mode of collections
of the dues from the apartment owners so that the association is not
bereft of funds at any point of time. To ensure uninterrupted service,
the Committee shall collect the annual maintenance in advance. The
Managing Committee has the right to change the periodicity of
collection of maintenance form time to time.

CHAPTER 6: ACCOUNTS AND AUDIT

st
The Financial year of the Association shall be from the 1 Day of April
st
each year to the 31 March of the next year. The first financial year of
the Association shall be from the date of incorporation of the
st
Association till the 31 of March 2017 (yet to be decided)
Financial Statements and Reports
a) The treasurer shall be responsible for the maintenance of
accounts of the association as soon as possible after the close of
the year, make out
a. Receipts and Payments Account
b. Income and Expenditure Account
c. Summary of Property, Assets and Liabilities of the
Association giving such particulars as will disclose the
general nature of these liabilities and assets and how the
value of the fixed assets have been arrived at.
 b) The treasurer shall place the accounts before the Managing
Committee for their approval and thereafter submit the same to
the Auditor for audit and his report thereon.
Audit
a) The Accounts of the Association shall be audited by a qualified
auditor (chartered accountant) within the meaning of the
Chartered Accountants Act, 1949.
b) At every Annual General Body Meeting, the members shall
appoint an auditor who shall hold office till the conclusion of the
next Annual General Body Meeting and shall intimate the same to
him in writing with seven days of such appointment.
c) Every auditor so appointed shall confirm in writing to the
Association, his acceptance of such appointment within seven
days from the receipt of such intimation.
d) The Auditor shall be entitled to call for such documents and
explanations as may be required for the purpose of carrying out
the audit.
e) The Auditor appointed at any Annual General Body Meeting may
be removed by the Members at a General Body Meeting and the
members may appoint in his place any other auditor nominated
for the said post.
f) Any casual vacancy arising out of resignation, death,
incapacitation, etc. of an auditor may be filled up by the Managing
Committee and the Auditor so appointed to fill the casual vacancy
shall hold office till the conclusion of the ensuing General Body
Meeting.
g) Any auditor retiring at an annual general body meeting shall be
eligible for reappointment if a nomination to the effect has been
 received from any member or members and ratified by the
general body.
h) The remuneration payable to an auditor shall be fixed at the
Annual General Body Meeting unless the same is delegated to the
Managing Committee by the members at the annual general body
meeting.

Timeframe for Preparation, Audit and Approval of Accounts

a) The treasurer shall ensure that the accounts of the Association are
prepared, got approved by the Managing Committee and audited
th
on or before 30 of June every year in respect of the immediately
st
preceding year ending on the March 31 .
b) The audited accounts and the accompanying documents shall be
placed before the members at the Annual General Body Meeting
st
to be held every year on or before the 31 of July.
c) The audited financial statement along with the auditors report
thereon and accompanied by other documents such as the list of
members with their addresses, etc of the Managing Committee
and such other documents as stipulated, shall be submitted to the
competent authority under the Karnataka Societies Registration
Act, on or before the fourteenth day succeeding the day on which
the Annual General Body Meeting is held. A summary of the
property and assets and liabilities of the Association giving such
particulars as will disclose the general nature of these as liabilities
and assets and how the value of fixed assets has been arrived at.
Inspection
A copy of the last audited financial statement and the report of the
auditor shall be kept at a conspicuous place in the Office of the
Association and the same shall be open to inspection by any member
during the Office Hours of the Association.
CHAPTER 7: GENERAL BODY MEETING
First Meeting
The First meeting of the Association shall be called by the Adhoc
Committee President within 30 days from the date of
registration/incorporation of the Association or within such
extended time not exceeding more than 60 days in total.
Subsequent Meetings
All subsequent annual general meetings shall be held within 5
months from the date of close of the financial year.
Business at Annual General Body meeting
The following business shall be transacted at the General Meetings:
a) Adoption of minutes of the proceedings of the previous meetings.
b) Adoption of the report of the managing committee for the
preceding year.
c) Consideration and adoption of the statement of audited account
for the preceding year.
d) The election of the managing committee, if required, in
accordance to the ByLaws
e) The calendar of events and budgets for the succeeding year.

f) Any other business specific agenda of the meeting of which notice

has been received from any member not later than seven days
before the date of the meeting.
Decisions
All decisions of the Meeting shall be obtained by the simple majority
vote of members present at the meeting.
Votes
Every member shall have one vote irrespective of the number of
apartments owned by him and the person who is the President shall
have a casting vote only in case of a tie.
Presiding Officer
Generally all meetings, Annual general as well as Special General Body
meetings shall be presided over by the President of the Managing
Committee and in his absence by the Vice President of the Managing
Committee.
Notice
Not less than 21 days notice shall be given in writing by the Secretary
to the members before holding the Annual General Meeting. Such
notice shall be accompanied by an agenda of business to be transacted.
Non receipt of notice by any member shall not invalidate a meeting so
long as notice is served by the Association on the member either
personally, email or post at the address registered with the association.
It is the responsibility of the owners to keep the association records up
to date.
Special General Body Meetings
A special meeting of the general body shall be convened by the
Secretary:
a) On a resolution to that effect by the Managing Committee with at
least simple majority; or
b) On a requisition signed by at least 25% of the total number of
members and delivered to the Secretary, whereupon such
 meeting shall be held within 40 days from the date of receipt of
the requisition
The notice convening every annual or special general meeting shall
state the date, time, place and agenda. In case of a special meeting, the
agenda shall specify the items set out in the requisition by the
requisitioner.
Quorum
rd
The quorum for the annual or special general meeting shall be 1/3 of
the members of the Association. If within 15 minutes of the time
specified for any ordinary general body meeting, no quorum is formed
the business of the meeting shall be transacted at the adjourned
meeting which may be held at the same place and on the same day
after half an hour. Any adjourned meeting can transact business for
which it was called without necessary quorum.
Election of Committee and Office Bearers
a) The Managing Committee shall conduct the Annual General
Meetings every year but the election to the Managing Committee
shall be conducted every two years. The decision of the Managing
Committee to conduct elections shall be intimated to the
members at least two months prior to the proposed election. The
elections whenever required shall be conducted at the time of the
Annual General Meeting.
b) The notice for the election shall be dispatched to each of the
Members of the Association either by post, personal delivery or
email message to address registered by the member with the
Association. The Association has no liability towards members
who have failed to keep their records up to date.
c) The secretary shall ensure that the notice of the election is also
displayed on the notice boards.
d) Duly filled proxy forms shall reach the office of the Returning
Officer at least 48 hours prior to the meeting. The forms can be
collected from the Association Office.
e) The Secretary will invite nominations to the Managing Committee
from the list of members or their representatives, at least two
weeks before the date of the proposed election.
f) The members of each block shall nominate representatives from
their respective blocks out of which (x) shall be elected to the
Managing Committee as the executive committee members.
g) Only members eligible to vote can stand in the elections.
h) If a member is in arrears of maintenance or contribution to any
common expenses, sinking fund, etc, he /she shall not be eligible
to contest the election and/or vote in any election.
i) Nominations shall be submitted in the prescribed format to the
Secretary within the time stipulated in the election notification
sent to the members or put up in the notice boards of the
Association. Members shall be given time of not less than 7 days
from the date of intimation of the said notification, for filing the
nominations. Nomination format will be made available by the
Secretary. Every nomination should be complete in all respects
and signed by the member signifying his willingness to get elected
to the managing committee. The nomination shall be proposed by
one Member and seconded by another. A member shall be
entitled to propose only one member for the Managing
Committee. However, a member can second more than one
member for elections.
j) All such nominations received shall after scrutiny be placed in a
sealed envelope and be handed over to the Returning Office
appointed for conduct of election by the Secretary.
k) The Management Committee shall in a separate meeting appoint
a Returning Officer to conduct and oversee the elections.
l) The Returning Officer may choose to conduct the election by
secret ballot or by show of hands.
m) When there is no decision in the choice of committee members, a
reelection shall be conducted within 3 days in respect of only
that particular post where there is no decision.
n) The Returning Officer will be sole competent authority to conduct
this election and observer normal procedure and announce the
results of the election through a written and signed statement
and displayed on the notice board.
o) The Returning Officer appointed shall have no conflict of interest
in conduct of the election.
p) On the announcement of the result of the election of the office
bearers, the previous office bearers shall be deemed to have
demitted their office and the newly elected office bearers shall
take charge immediately thereafter.
CHAPTE R 8: OBLIGATIONS, RESPONSIBILITIES AND
CONDUCT OF MEMBERS
1) No apartment owner shall exempt himself from the liability of
his/her contributions towards the common expenses by the
2) All Owners and Residents of the THE BLUE LOTUS PARK
apartment complex are obliged to pay the association all the
common expenses relating to the apartment which will include
mainly the following:
3) The common expenses towards the care, maintenance,
replacement, improvement and additions, to the common
facilities and services of the Association and all other expenses
incurred in the administration and the Management of the affairs
 of the Association to meet the objects of the Association and
others as mentioned under the definition of common expenses in
Chapter 5 of the Act, shall be collected.
4) All members of the Association have a very important duty and
obligation to pay the maintenance and any other agreed charges
promptly and in full since the efficient functioning of the
Association and its management depends on the availability of
the finances of the Association.
5) 3. All expenses that may be required for the major replacement of
equipment, fittings and fixtures, etc. of the common services and
repair and reconstruction of any part of the building shall be
collected under heading of Sinking Fund.
6) No apartment owner shall exempt himself from the liability of
his/her contributions towards the common expenses by the
a. Waiver of the use or enjoyment of the common areas and
facilities by abandonment of his / her apartment
7) Maintenance charge/s unpaid by any owner/s, shall constitute a
charge on such Owners /s apartment/s prior to all other charges,
except the charge on the apartment for payment of Government
or municipal taxes or both.
8) The insurance premium for a policy to cover, repair, replacement
and reconstruction etc in case of hurricane, fire, explosion, and
earthquake and such other hazards and calamities, if decided by a
majority of the members at any Annual General Meeting or
Special General Meetings of the association, shall be collected as
a part of the common expense.
9) All the repairs of internal installation of the units such as water,
light, gas, power, sewerage, telephone, air conditioners, sanitary
fixtures, doors, locks, windows, lamps and all other accessories
belonging to the unit shall be at the expense of the owner
concerned.
10)Every owner shall perform promptly and satisfactorily all
maintenance and repair/replacement work within his/her own
unit, which if omitted, delayed or unsatisfactorily executed, would
affect the Association entirely or in a part/s belonging to other
owners. It is clearly to be understood that the owner concerned
shall be expressly responsible for the damages and liabilities that
his/her failure to do so may hinder the functioning of the
Association.
11) All maintenance, repair and replacement of equipment,
fixtures and fittings of common areas and facilities and services
restricted or not will be carried out by the
technicians/tradesman/engineers and such other persons
employed or authorized by the Managing committee. No owner
will interfere or carry out such work other directly by himself or
through his privately employed personnel. An owner, in such
cases, shall reimburse the association for any expenditure in
redoing, repairing or replacing any common area and facilities for
damage caused through his/her own fault, direct or indirect.
12) No owner shall make any additional construction or
modification to his unit or installation therein involving demolition
of existing structures.
13) All apartments shall be utilized for residential purposes only.
The owners of the respective apartments shall have the absolute
right to lease such apartment or give it on license or caretaker
basis; subject to the covenants and restrictions contained in these
byelaws. The apartment owner shall not allow his apartment to
be used as a Service Apartment, Guest House or hotel purposes.
14) The building name shall always be known as THE BLUE
LOTUS PARK and under no circumstances shall be changed or
altered.
15) The owners shall not use the apartments in any way which
would diminish the value or utility of the property.
 a. The basement car park area and the open car park area shall
be used for parking vehicles only by the owner. The owners
or their tenants should strictly park their vehicles within the
area of parking slots allotted to the respective owners. The
parking should be done in such a way that movement of
other vehicles/s are not in any way hampered or restricted
for entry or exit and also not in front of common areas,
setbacks and areas like switch board, generator area, etc.
16) The parking areas, terrace and the basement are not to be
used by the servants and employees of the owners for living,
sleeping and other such activities like drying and airing
their/owners clothes , etc.
17) The terrace/basement/electrical room/club house and other
such areas should not be used for storing
combustible/inflammable and other dangerous articles or
belongings.
18) The units and the basements of the owners and the
common areas and facilities in the building shall be strictly used
for residential purposes. No commercial business activities of any
sort shall be conducted in these premises and neither shall any
owner in any way lay claims on the common areas except those
allotted exclusively for the use of the owners.
19) It is prohibited to throw garbage or trash outside the
apartment through the windows, balconies of their respective
units. All garbage and trash shall be collected in a container or a
bag and deposited near the doors from where it will be cleared by
the House Keeping staff. If there is any foul odor emanating from
it, please deposit the same in the designated area behind the
apartment
20) It is the responsibility of the owners to clear up all the debris
collected whenever their premises are being taken up for
renovation or modification, whether lying inside or outside the
apartment building. In the event of failure to clear the debris as
 aforesaid, the Association shall comply with this regulation at the
cost of the owner.
21) No owner shall post any advertisement or posters or sign
boards of any kind in or on the building except as authorized by
the Managing Committee in writing.
22) Owners shall exercise extreme consideration and care about
making noise or the use of musical instruments, radios, televisions
and amplifiers that may disturb the others.
23) The Association shall not permit the owners to decorate or
alter the exterior of the building under any circumstances.
24) An owner shall grant the right of entry to any of the
Managing Committee member/officer or to any person
authorized by the Committee in case of any emergency
originating in or threatening his unit, whether the owner is
present at the time or not.
25)An owner shall permit other Owners or their representatives,
when so required, to enter his unit for the purpose of installing,
altering or carrying out repairs to the mechanical, electrical,
water, sewerage services provided that the request for entry is
made in advance and that such entry is at a time convenient to
the owner. In case of an emergency, such right of entry shall be
immediately permitted.
26) All the terms and conditions in particular the schedules
mentioned in the Agreements to Purchase/Build and Registered
Sale Deed shall be binding on each member.
27) It is prohibited to store any explosive or inflammable
materials except cooking gas in the kitchen.
28) It is prohibited to burn fire crackers, play with color and do
such other acts during festivals or otherwise, within the flats or in
the common areas, which cause nuisance to other residents or
damage the walls, stairs, swimming pool, lifts or endanger the
safety or wellbeing of the residents.
29) During festivals, residents can use the common open areas
as decided by the management committee to celebrate the
festivities and enjoy community living.
30) It is prohibited to store anything that exceeds the
allowable/specified Uniformly Distributed Load (UDL) on the
floors. The Management Committee shall notify the maximum
allowable load as suggested by experts.
31) Members/Residents of the building owning/renting parking
space in the basement/open should park their vehicles within
their respective markings only and not outside.
Members/Residents who do not own or have on rent, parking
space, should not park their vehicles in the apartment complex.
No member/resident shall rent out his parking area to anyone
who is not a resident of the apartment complex.
32) All owners should cooperate to follow the rules of conduct
detailed herein and those that may be introduced hereafter by
the Committee of Management and/or the General Body to
ensure better services as a welfare measure.
33) No member shall hang garments and rugs or dust rugs or
other linen from windows and/or balconies.
34) The owner of an apartment shall be responsible for payment
of taxes, duties or other levies assessed by the municipal
authority or other govt. agencies having jurisdiction over the area
in which the apartment is situated and for the fulfillment of other
obligations cast on such owners by Authority/Agencies.
35) It shall be the primary responsibility of the respective
Members/Apartment Owners to ensure that their respective
tenants, lessee, servants and /or employee adhere to the
Rules/By-laws of the THE BLUE LOTUS PARK ASSOCIATION.
36) The Management Committee shall be entitled to enforce
any or the necessary restrictions on such defaulting tenants,
employees, servants or residents of the Apartment Complex.
37) No pets shall be allowed in the Apartments.
38) The Manager of the Association shall be informed in writing
before any interior work is started in the flat at least three days
prior to such commencement of works. In case of any damages to
the property of the apartment arising out of such works, the
managing committee is authorized to collect penalty at a rate
decided by the committee.
39) Interior/other works shall be undertaken only during 09:00
hours to 18:00 hours on working days i.e. Monday to Saturday. No
Interior works shall be undertaken on Sundays and National
Holidays.
40) Managing Committee will be authorized to collect any
penalties towards damage of property by tenants during their
stay, moving in and moving out from the owners.
41) Workers engaged for interior or civil work shall submit their
names to the Security Office and obtain necessary passes for
entry into the apartment. The workers so engaged shall not be
permitted to stay in the premises beyond working hours.
42) Residents should get security photo identity cards issued for
all BLP residents
43) Clothing and other items should not be hung on balcony
railings for drying. Rods cannot be constructed outside railings to
hang clothes.
44) Flower pots or similar artifacts should not be kept at railing
side walls.
45) Debris generated during private works and private functions
shall be disposed at beyond the premises in the right place under
own arrangements. Debris should not be thrown outside the
windows/balcony or onto any other adjacent property.
46) Drinking, smoking and spitting in common areas including
lobbies, basements, garden, etc is prohibited. Spoiling lifts, walls
and other common areas by scratching, scribbling, pasting posters
etc is also prohibited. Residents shall report any such incident to
 the Association for appropriate action against those engaging in
such vandalism.
a. Common Toilets and Bath rooms for workers and servants
should not be placed near to the residential areas/flats.
47) For any private function inside the complex (except the first
house warming ceremony for the apartment), a refundable
deposit as may be decided by the committee from time to time
shall be furnished. This is to ensure compensation against physical
damage or lack of cleaning after the function. There will also be a
nominal charge associated for the usage of common amenities
which will be deposited into the maintenance fund.
48) Pathways alone should be used while walking in premises.
49) Sound while partying, playing music, TV, etc should always
be within permissible limits and should not be an inconvenience
to your neighbors.
50) Misuse of fire alarm system is strictly prohibited.
51) Keeping the safety of children in mind, the children are
restricted and should not be allowed to play on the terrace, roads,
near swimming pool, gym, etc. Playing to be restricted to
designated playing areas only.
52) Vehicles should not be driven fast in the lobby and common
areas.
53) Cooking is not permitted in the common areas.
54) Terrace cannot be used for putting personal items like
satellite dishes, hanging clothes, solar panels, etc.
No unauthorized modification to the structure is permitted. This is
especially relevant for beams as this will affect the structural stability
of the buildings. Permission has to be sought from the association
for any interior modification and the same shall be duly certified by a
qualified engineer or architect confirming that it shall not endanger
the structure. The Management Committee is authorized to prevent
modifications which have not been approved physically.

Visitors cars are not to be parked inside the complex and their entry
is prohibited at all times. Hired cars can enter inside the premises for
pick and drop with prior information to security.

Stickers shall be provided to all residents for the vehicles. If original

sticker is lost, there will be a penalty for the duplicate. If the sticker
is misused by somebody, the owner of the sticker is liable for any
damages/penalties arising out of the violation.

Any vendors who want to market/sell their products can do so by

taking permission from the Management Committee in advance.
There will be a refundable deposit as decided by the committee from
time to time to compensate any damage happening during the
process. Also a nominal fee will be charged which will be deposited
into the maintenance fund.
CHAPTER 9: GENERAL
1. At the point of inception of the Association and thereon, the
Association does not carry over any liabilities arising out of the
sale agreement of the apartment. This needs to be sorted out
between the buyer and seller
2. The Association shall not be liable nor can any claim be raised
against the Association for any service provided by the Members
in terms of these By-Laws. The Member shall be solely responsible
for his/her acts or omissions and shall keep the Association
indemnified against all claims against the Association provided
that such claims emanate from the arrangement between the
Association and the Member.
3. When the ownership of the apartment changes, no deposit or
advances paid by the owner shall be refunded.
4. The Office of the Association shall have fixed working hours as
may be decided by the Managing Committee from time to time.
5. The Association shall have a common seal which shall be in the
custody of the Treasurer and shall be used only under the
authority of resolution of the managing committee and every
deed of instrument to which the seal is affixed shall be attested
for or on behalf of the association by two members of the
management committee or any other person authorized by the
Association in that behalf.
6. These by-laws may be amended by the association in a duly
constituted meeting for such purpose and no amendment shall
take effect unless approved by the members representing at least
rd
2/3 of Members from each Block. All matters pertaining to such
dissolution shall be as per Section 22 of the Societies Registration
Act.
7. In the event of any dispute between any of the Members of the
Association or between the Association and any third party, the
same shall be referred to Arbitration, The Arbitration proceedings
shall be in accordance with the provisions of the Arbitration and
Conciliation Act, 1996 and the parties shall submit to the exclusive
jurisdiction of the Bangalore Courts.