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SAHADIPATHYA Paper

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Management Corporation

 

1.  In the application of this Schedule to any particular management Corporation: -

        “  Corporation “ means the Management Corporation in question;

        “  Council ” means the council of the corporation;

        “  General Meeting ” means a general meeting of the corporation;

        “  Owner ” means the owner of a unit who is a member of the corporation;

 

2.  The corporate name of the corporation shall be "The Management Corporation Condominium plan  no " the number  to be specified being the  serial number of the relevant condominium plan.

 

3. 

1. The Law, the council shall consist of not less than three and not more than fourteen owners, who shall be elected at each annual general   meeting and shall cease to hold office at the next annual general meeting.

 

2.  Where -

            (a)      The first annual general meeting has not yet been held ; or

            (b)      There are not more than three owners, council shall consist of all the owners.

 

 3.  Except where the council consists of all owners, the corporation may at any time by resolution at an  extraordinary general meeting remove any member of the council from office and appoint  another owner in his place to hold office until the next annual general meeting.

 

4. A member of the council may resign his office at any time by writing under his hand addressed to the  corporation.

 

5. Where a vacancy in the membership of the council occurs, the remaining members may appoint   another owner to be a member until the next annual general meeting.

 

6.  Members of the council shall be eligible for re-election or reappointment.

 

4. The council shall meet at such times and places and at such intervals as it things fit.  Provided that any members of the council may convene a meeting by appointing a date for the meeting  and giving the other members not less than seven days notice of the date appointed.

 

5. 

1.  Except where there is only one owner, quorum at meetings of the council shall be

                              a.   Two , where there are not more than four members.

b.  Three , where there are five or six members;

c.   Fore where there are seven or eight members;

d.   Five where there are nine or ten members

e.   Six, where there are  eleven or twelve members; and

f.    Seven, where there are thirteen or fourteen members

 

2  Questions arising at meetings shall be decided by simple majority vote

 

3 .Every meeting of the council shall be presided over by a chairman, who shall be elected from among them  self’s by the  members of the council present at the meeting and who shall have a casting as well as an original vote.

 

4. Subject to this paragraph  the council may regulate its own procedure at meeting.

 

5. Subject to any restriction imposed or direction given by the corporation at a general meeting ,the council may- 

(a) Delegate to any one or more of its members the exercise of any of its  it powers or the performance  of   any of its  duties ;  and

(b) Revoke the delegation at any time

 

 6.  The council may employ  for and on behalf of the corporation such agents and servant as it thing fit in connection with the        exercise of  the  powers and the performance of the duties of the corporation

 

7. 

1. The council shall  keep minutes of its proceedings and shall cause  minutes to be kept of general   meetings

 

2. Cause proper books of accounts to be kept in respect of all sums of money received and expended by  it  and on the application of an owner or mortgage of a unit (for any person authorized in written  by him make the books  of account available for inspection at all reasonable times.

 

3. The council shall prepare for each annual general meeting proper accounts

 

4. The accounts of the corporation shall be audited annually by auditors appointed by the council.

 

5. The council shall after its general meeting file with the Common Amenities Board (C.M.A.) certified true    

                        copies if –

                                     The audited accounts of the corporation

                                     The resolution past at the general meeting ; and

                                     The minutes of the general meeting

 

6. The council shall permit the Common Amenities Board (C.M.A.) or any person authorized by him to act on his behalf at all reasonable times full and free access to accounting and other records of the corporation and the permit the Common Amenities Boards (C.M.A.) or such person to make copies of a make extracts from any such accounting or other records.

 

7   The Common Amenities Board (C.M.A.) or any person authorise by the Board to act on its behalf’s may require any member to furnished the  board with such information which such member possesses or has access to as the board or any such duly authorized person considers  necessary  for the purposes of discharging the functions of the Board under this Law.

 

8.  The Corporation shall hold annual general meeting for the consideration of accounts , the election of the council and the transaction of such other business as may arise.

 i.    The first annual general Meetings shall be held within six months after registration of the  Condominium Plan and subsequent  annual general meeting shall be held once in each year.

 ii.    Provided that  not more than fifteen month shall elapse between the date of one annual general  meeting and the next.

 

10.  The general meeting other than the annual general meeting shall be known as an extraordinary general meeting .

 

11.  Seven day’s notice of any general meeting, specifying the place date and hour of the meeting and the general nature of the business to be transacted shall be given to every owner and every first mortgages of a unit in the subdivided building .

 

12.  One – half of the persons entitled to vote shall constitute a quorum at a general meeting. If within half an hour after the time appointed for a general meeting a quorum is not present, the meeting shall stand at adjoined  to the same day in the next week at the same place and time; and , if at the a joined meeting a quorum is not present within half  an hour after the time appointed for the meeting , those persons entitle to vote who are present shall constitute a quorum.

 

13.  Every general meeting shall be   presided over by a chairman , who shall be elected from among themselves by those persons presents who are entitled to vote.

 

14.  A resolution  at a general meeting shall be determined on a show of hands unless a poll is demanded by a person entitled to vote

 

15  

1.  On a show of hands or a poll votes may be cast either personally or by proxy. 

2.  An instrument appointing  a proxy(who need not be an owner) shall be in writing under the hand  of the person making  the  appointment or his attorney, and may be either for a  generator a particular meeting.

 

16. 

1.   Each owner who is not a co-owner shall have one vote on a show of hands and on a poll shall have such number of votes  as corresponds with  the number   of  the share units attaching to his units

 2. Provided that except where an unanimous resolution is required , no owner shall be  entitled to vote at a general meeting unless  all contributions  to the management fund of the corporation in respect of his unit have been duly paid.

 

17.

1. Co- owners may vote by means of a jointly  appointed proxy

2. In the absence of a proxy , co-owners shall not be entitled to vote on a show of  hands except where an unanimous  resolution is required  Provided that any one  co- owner may demand a poll

 3. On a poll each co- owner shall be entitled to such number of the votes attaching to his unit as is proportionate to his  interest in the unit (fractions been disregarded)

 

18.   The common seal of the corporation shall not be used except on the  authority of the council previously given in the presence  of the at least two  members of the council.

 
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