[1]THE KERALA STATE HOUSING BOARD (FORMATION OF
ALLOTEES ASSOCIATIONS) REGULATIONS, 2000 In exercise of the powers conferred by Sub-section
(1) and clauses (h) and (i) of sub-section (2) of Section 162 of the Kerala
State Housing Board Act., 1971 (19 of 1971), in the Kerala State Housing Board
hereby makes the following Regulations for the formation of Allottees
Associations in various Housing Accommodation Schemes for the purpose of
maintenance of common amenities and matters incidental thereto, the same having
been approved and confirmed by the Government in G. O. (Ms) No. 7/2000/Hsg
dated 14-3-2000 as required by Sub-section (3) of the said section, namely:- (1) These Regulations may be called the Kerala State Housing Board
(Formation of Allottees Associations) Regulations, 2000. (2) They shall come into force at once. In these Regulations, unless the context otherwise
requires, (a) 'Act' means the Kerala State Housing Board Act., 1971 (19 of 1971); (b) 'Allottee' means a person to whom Board's premises is allotted and
includes his legal heirs or assignees of such allottees; (c) 'Apartment' means residential building or flat constructed by the Kerala
State Housing Board or a residential building constructed by an allottee in a
plot allotted by the Kerala State Housing Board; (d) 'Association' means the Association formed by the allottees of the
Housing Schemes and shall be named after the name of the scheme; (e) 'Board' means the Kerala State Housing Board constituted under section 4
of the Act. (f) 'Common Areas and facilities' means, (i) The land on which the Housing Accommodation Scheme is situated; (ii) For Flats all external faces of the building including foundations,
beams, columns, main walls, halls, roofs, corridors, lobbies, stairs,
stairways, fire, escapes entrances and exits of the building. (iii) Gardens, parking areas, internal roads, water lines, sewage lines, pipe
lines, playground, easements etc; (iv) Tanks, pumps, motors, ducts, fans, drains and drainages, septic tanks,
wells and in general all apparatus and installations existing or coming into
existence in future for common use; (g) 'Common expenses' means, (i) All sums lawfully assessed against the allottees by the Association; (ii) Expenses of administration, maintenance repair or replacement of the
common areas and facilities; (iii) Expenses agreed upon as common expenses by the Association. (h) 'Managing Committee' means the committee consisting of nine members duly
elected from among the members of the General Body of the Association and the
Executive Engineer who is having administrative control over the Scheme or his
representative. But the Executive Engineer of his representative shall not have
any voting right. The Committee shall elect the President Vice President,
Secretary Joint Secretary and Treasurer from among themselves; (i) 'Maintenance Charge' means the monthly charge fixed by the Managing
Committee from time to time as payable by each member towards his/ her share of
common expenses of the Association and includes all contributions to
depreciation fund, general fund and all such funds created by the Managing
Committee to safeguard the long term interest and to provide for expenditure of
large amounts; (j) 'Open space' means the common areas specified in the approved layout of
the scheme; (k) Patron' means the Chairman as well as the Secretary of the Board; (l) All other words and expressions used but not defined in this regulations
shall have the meaning respectively assigned to them in the Act. (1) There shall be an Association in every Housing Scheme/Housing
Accommodation Scheme of the Board for the effective maintenance of common
facilities and the like matters in respect of such Housing Scheme/Housing
Accommodation Schemes. (2) Membership. Management Committees and Management of the affairs of the
Association shall be in the manner hereinafter provided: (1) The allottee or his or her spouse or one major child as may be nominated
by each allottee of the Housing Scheme shall be a member of the Association and
shall constitute General Body of the Association. Only one membership shall be
given to an allottee and the membership shall be compulsory. In such case of
transfer of allotment the membership of the Association shall be deemed to have
been automatically transferred from the original allottee to the transferee.
The membership fee/maintenance deposit, if any, being non-refundable in any
event. (2) A Member shall have right to vote at the General Body meeting and shall
have the right to elect members of the Managing Committee on the principle of
one vote per member, provided however, that a member who has not cleared all
his/her dues, up to the month prior to the date of General Body meeting, with
the Association shall not be entitled to vote at the General Body meeting. The Association shall have a register of its
members and it shall contain the names and addresses and occupation if any. of
the members and also the date on which each person become a member and the date
on which any person ceased to be a member and also any other relevant data. (1) All apartments in the Housing Scheme shall be used purely for
residential purpose. (2) Each allottee may use the common areas and facilities in accordance with
the purpose for which they are intended, without hindering or encroaching upon
lawful rights of the other allottees. (3) The work of necessary maintenance, repairs and replacement of common
areas and facilities and the making of any additions or improvements thereto,
shall be carried out only as provided in these Regulations. Every member shall be liable to pay the
monthly/annual subscription/maintenance charges as may be fixed by the Managing
Committee, before 10th of every month or such other date as may be specified.
If any member makes default to pay the same for more than three months, he/she
shall be denied the common facilities to his/her apartment. Such facilities
shall not be restored until the amount of arrears with interest, as may be
decided by the Managing Committee is paid. The liability on account of
subscription/maintenance charges or dues fixed by the Managing Committee shall
at all times, be the liability of the allottee whether he/she occupies the
apartment or not. (1) A member shall not carry out any modification or extension to the
building and premises, shall not fix any advertisement or hoardings or any
other structure without the prior written consent of the Board. (2) A member shall not carry on any trade or business which may become in
any way a nuisance or danger to the residents or other allottees. (3) A member shall bear all common expenses with other members of the
apartment as lawfully assessed by the Association. (4) A member shall co-operate in keeping clean the open space and common
areas such as the front, rear and side yards, stairways, open terraces,
children's park etc. (5) A member shall use all sewage, drains, water courses in common with
other allottees and shall share the cost of repairing and maintenance of the
same. (6) No member shall be entitled to exempt himself/herself from liability for
his/her contribution towards the common expenses by waiver of the use or
enjoyment of any of the common areas and facilities or by abandonment of
his/her apartment. (7) All sums assessed by the Association, but unpaid, for share of common
expenses chargeable to any apartment shall constitute a charge on such
apartment and shall have priority over all other charges except only, charges
if any, on the apartment for payment of dues to Board, taxes due to Government
or a local authority. (1) The management of the affairs of the Association shall vest with the
Managing Committee consisting of the President, Vice President, the Secretary,
Joint Secretary, the Treasurer and the Executive Engineer having administrative
control over the Housing Scheme or his representative and four other members. (2) The term of the office of the Managing Committee shall be for a period
of 2 years. (3) The members of the Managing Committee other than the Executive Engineer
shall be elected from among members in the General Body of the Association by
Ballot Vote system in the presence of the Officers of the Board not below the
rank of Executive Engineer/Deputy Secretary. A casual vacancy arising in the
Managing Committee by resignation, death etc. of an elected member shall be
filled up by nomination by the Managing Committee for the remaining period of
the term. This nomination shall be approved by the next General Body. (4) The quorum of the Managing Committee shall be five. (5) The members of the Managing Committee shall be eligible for re-election,
but shall not hold office consecutively for more than two terms. (6) The Managing Committee shall meet as often as possible but not less than
once in every two months. (7) No member of the staff of the Board shall hold charge of any prominent
position in the Association on his personal capacity. (8) Allottees who are defaulters with the Board for more than two months
will disqualify himself/herself to hold charge of any official position of the
Association. (1) The entire rights over the common areas and facilities like playground,
park area, internal water supply arrangement etc. which impart betterment to
the allottees of the Housing Scheme shall stand vested in the Managing
Committee with effect from the date of handing over the same by the Board. The
Managing Committee after taking possession of the common amenities maintain and
utilize it to the common benefit and welfare of the allottees of the Housing
Accommodation Scheme. (2) The Managing Committee shall be responsible for the proper management of
common amenities and the Association. (3) The business affairs of the Association shall be carried out and managed
by the Committee who shall exercise all such powers and authority of the
Association even if the same is not specifically and expressly provided by the
regulation. (4) The Managing Committee may sanction expenditure according to the
provisions of the Regulation. (5) A Managing Committee Member may resign at any time by a letter of
resignation to the President, but such resignation shall take effect only from
the date on which it is accepted by the Managing Committee and ratified by the
General Body. (6) The Managing Committee shall have the power to appoint security staff
and other office staff required for carrying out the day to day affairs of
association subject to the authorization by the General Body of the association
and to fix their terms and conditions of service, to suspend or to terminate
their service etc. (7) The Managing Committee shall be responsible for collecting monthly
maintenance charges and other fees, if any, from the members on the basis of
rates/installments as decided by them from time to time. (8) Any resolution for revision in the monthly maintenance charges or other
fees decided to be recovered from the members of the Association taken by the
Managing Committee shall be placed and approved before the General Body Meeting
with suitable explanatory notes which will be circulated among the members
along with the notice convening the meeting. (9) The Managing Committee shall have the power to take action against the
members who make default in the payment of monthly maintenance charges or other
fees. The aggrieved party may file appeal to the Regional Engineer concerned
against such action taken by the Managing Committee. The Managing Committee
shall exercise the power only after giving the defaulting member fifteen days
notice in writing and if the member concerned fails to make payment of arrears
amount within the said period of 15 days, he shall not have any right to resist
Such action unless he remits the entire amounts demanded and the payment is
evidenced by official receipt. (10) The Managing Committee shall have power to raise funds for the
Association by subscriptions, donations or otherwise from among the members or
others. (11) The Managing Committee shall have the rights and powers to sue and
defend all legal proceedings on behalf of the Association, through the
President, Vice-President, Secretary and Joint Secretary. (1) It shall be the duty of the Patrons to ensure that the Association
functions for the purpose of which it is constituted. (2) To attend any meeting of the General Body and Managing Committee and
give direction for the effective functioning of the Association. (3) To call for records and details regarding various decisions taken by the
Association. (4) To verify the accounts of the Association and get the accounts audited. (5) To dissolve the Managing Committee in case of severe lapses in its
functioning and take over the administration of the Association for a maximum
period of 3 months. Fresh election shall be conducted within the period and
hand over the charges to the newly elected Managing Committee. (1) The President shall preside over the meetings of the General Body and
the Managing Committee. In the absence of the President, The Vice-President
shall preside over the meeting. In the absence of both a member shall be
elected to preside over the meeting. (2) The President shall have a general and overall control over the affairs
of the Association. (3) In case of any dispute regarding any procedure to be adopted in a
meeting, the President shall take a final decision on the same. (4) In the event of any equal number of votes on any issue put to vote in
any meeting, the President or the person presiding over the meeting shall have
a casting vote. (5) The minutes of all the meetings shall be signed by the President or the
person presiding over the meeting. In the absence of the Resident, the Vice-President
shall discharge all the duties and responsibilities of the President. (1) The Secretary shall be in charge of all the administrative matter of the
Association. (2) Convene the Managing Committee meeting at least once in two months, by giving
five days notice. For emergency meetings two days notice is sufficient. (3) Convene the General Body meeting of the Association a provided in the
Regulations. (4) Record the proceedings of each meeting in a minutes book kept for the
purpose and shall arrange send the minutes thus recorded to the Board within 7
days of the meeting and shall cause to publish the decision of the committee in
the office of the Association for information of the members. (5) Carry out the correspondence of the Association and the Managing
Committee. (6) The secretary shall be the custodian of the records of the Association. (7) Prepare annual reports for the year and present it to the General Body
Meeting. (8) Carry out the decisions taken by the General Body and the Managing
Committee. (1) The Treasurer shall keep accounts of all income and expenditure and
other financial transactions of the Association and lay them before the
Managing Committee. (2) Make all disbursements and see that all vouchers are properly prepared
and maintained. (3) All money belonging to the Association shall be deposited in a Scheduled
Bank by the Treasurer and the bank account shall be operated jointly by the
Treasurer and the President for the Secretary. (4) Prepare and place the annual budget and such other financial statement
as may be necessary before the Managing Committee and the General Body. (5) Place the duly audited Annual Accounts of the Association at the Annual
General Body Meeting. (6) The Treasurer shall be the custodian of all registers and receipt book
of the association in respect of accounts. In the absence of the Secretary, the Joint
Secretary shall discharge all the duties and responsibilities of the Secretary. (1) A General Body Meeting of the Association shall be held once in a year. (a) To consider and adopt the Annual Report and audited statement of
accounts; (b) To appoint an Auditor for the next year; (c) To consider any other matter which requires the approval of the General
Body. (2) The General Body of the Association consists of all members of the
Association, the Executive Engineer and the patrons. (3) Fifteen days notice shall be given to all the members who are entitled
to vote for the General Body Meeting. (4) The quorum for the General Body Meeting of the association shall be
1/4th of the total of members who are entitled to vote. (5) The Secretary shall convene a Special General Body Meeting of the
Association, within ten days on receipt of a requisition in writing signed by
not less than 1/3 of the members entitled to vote to consider any special
matter. The financial year of the Association shall be the
period commencing on the first year day of April & May and ending with 31st
March of the succeeding year. (1) If the patrons are satisfied that the Managing Committee persistently
makes default or is negligent in the performance of the duties imposed on it by
the Regulation or commits any act. which is prejudicial to the interests of the
Association or willfully disobeys the directions the patrons may after giving
the Managing Committee an opportunity to state its objections, if any, by order
in writing remove the Managing Committee and (a) Take over the administration of the Association including all assets or
surplus fund, if any, for a maximum period of 3 months. (b) Appoint a new Managing Committee, by conducting fresh election and hand
over the administration of the Association including all assets and surplus
fund, if any to the newly elected Managing Committee. (2) In the event of any dispute the matter may be referred to the patrons
and their decision in the matter shall be final. (3) Official records of the Association shall be made available for
verification to the Board as and when demanded. (4) Patrons, Executive Engineer or his nominee of the Board have the power
to enter and inspect all the common amenities and facilities handed over to the
Association for maintenance at any time and in the event of notice of any
misuse or violation of the conditions of the regulations, the Board shall
realize proportionately the loss if any, sustained to its properties by the
action/negligence of the Association from all the allottees in a Scheme. The Association shall be dissolved after issue of
sale deed to all the allottees in a Housing Scheme. In such an event the
allottees Association shall be converted to Owner's Association/Resident's
Association and the assets and liabilities of the Association on that date
shall be finalized/transferred to the Owner's Association/Resident's
Association on decisions taken by the General Body. All matters not specifically provided for under
these Regulations shall be decided in such manner as the managing Committee may
determine. K.J. Varughese, Secretary.THE KERALA STATE HOUSING BOARD
(FORMATION OF ALLOTEES ASSOCIATIONS) REGULATIONS, 2000
PREAMBLE