RULES 01/10/2014
RULES 02/09/2015 (1st Revision)
CONSTITUTION OF THE CONDOMINIUM DEVELOPERS ASSOCIATION OF SRI LANKA
(Adopted at the Members Meeting held at Overseas Realty (Ceylon) PLC,
Level 18 East Tower, World Trade Center, Colombo 1, on 7th November 2014)
(Ratified and adopted at the Special General Meeting held at the Conference Room “A” of the Ceylon Chamber of Commerce, on 2nd September 2015)
1. Title The Association shall be styled "The Condominium Developers Association of Sri Lanka" and shall have its headquarters in Colombo.
2. Objectives The objectives of the Association shall be -
a)to promote and protect the interests of all Condominium Developers in Sri Lanka;
b)to act as a spokesman for the Condominium Development sector in its
dealings with the Government and other institutions, public or private;
c)to provide a focal point for Condominium Developers to meet, discuss and solve common problems;
d)to formulate a Code of Ethics for Condominium Developers;
e)to formulate a policy for Condominium Developersand submit it to Government;
f)to organise lecture, seminars, etc. for the benefit of members;
g)to circulate information to members;
h)to encourage quality consciousness in Condominium Development;
i)to liaise with Government on Condominium Developers’ matters;
j)to carry out such other activities as may be necessary to promote the
interests of Condominium Developers in Sri Lanka
3. ConstitutionThe Constitution of the Association may be repealed, revised and
altered and new rules added at any General Meeting by passing a resolution by a simple majority.
4. (i)
Membership
Founder
Members. The founder members of the Association shall be those engaged in any type of Condominium Development or allied industry or in the provision of services to Condominium Developerswho shall, prior to the inaugural meeting have expressed their willingness to form the Association. Membership will become effective on payment of the entrance fee and the annual subscription agreed upon at the inaugural meeting.
(ii)
Ordinary
Members Any Company, Corporation, Firm, Group Company or Proprietorship engaged in any type of Condominium Development shall be eligible for election as an Ordinary Member of the Association.
(iii)
Associate
MembersAny Company, Corporation, Firm or Proprietorship engaged in any
type of allied industry or in the provision of services to Condominium Developers shall be eligible for election as an Associate Member of the Association.
(iv)
Proposers
SecondersEvery candidate for admission as a member of the Association shall be
proposed and seconded by two members, one of who shall be a member of the Committee of the Association.
(iv)
Application
FormsEvery application for membership shall be made in the form set out in
Schedule A hereto.
- (i)
CommitteeThe Executive body of the Association shall be its Committee, which shall consist of nine Ordinary Members including a Chairman, Secretary and Treasurer. The members of the first Committee shall be elected by the Founder Members at the Inaugural Meeting. The first Office-Bearers and Committee shall hold office until 31st July 2016 Subsequent Committees shall hold office for one year.
(ii)An OrdinaryMember shall only be represented on the Committee by a Director, Partner orSenior Executive duly authorised by them.
(iii)An Associate Member shall not be eligible to be represented on the Committee
(iv)
Casting
VoteThe Chairman, at any meeting of the Committee shall have a casting
vote in case of an equality of votes.
- Sub-
CommitteesThe Committee shall appoint Sub-Committees which shall be assigned responsibility for specific areas of activity such as Membership Development, Member Development, Policy and Regulatory Affairs. Any member of the Association shall be eligible for appointment to the Sub-Committees.
- Vacancy on
Committee or
Sub-Committees(i) Any member of the Committee or Subcommittee who is absent for three consecutive meeting ipso facto cease to be a member of that Committee.
(ii) Any vacancy occurring in the Committee or any Sub-Committees may be filled by the Committee.
- Annual General
MeetingAn Annual General Meeting shall be held before the thirty first day of July, in each year for the purpose of the following business:
(i)To receive the Report of the Committee and the Audited Accounts of the Association for the previous year.
(ii)To elect a Chairman, Secretary, Treasurer and members of the Committee who shall, subject to the Constitution, hold office until the next succeeding Annual General Meeting;
(iii)To elect Auditors; and
(iv)To deal with any other business of which not less than 7 days' notice shall be given to members.
(v)
(vi)
Not less than 14 days' notice shall be given of an Annual General Meeting.
- Copies of
Report and
Accounts to be
Sent to
Members.A copy of the Report of the Committee and the Balance Sheet of the
Association for the previous financial year shall be sent to each member with the notice convening the Annual General Meeting.
- General
MeetingsThe Committee may, whenever they think fit, and shall, upon the
requisition in writing of 20% of the Ordinary Members of the Association, convene a General Meeting of the members of the Association.
Upon the receipt of such requisition, which shall specify the object of the meeting desired to be called, the Committee shall forthwith proceed to convene a General Meeting to be held within 30 days.
- General Meetings
NoticesNot less than fourteen days’ notice in writing of all General Meetings
shall be given to the members.
- General Notices
Quorum and
representation
of members
If quorum not
PresentNo General Meeting shall be valid at which less than 20% of Ordinary
Members shall be present. Any member of the Association shall only be represented at any General Meeting by a Director, Partner or responsible representative duly authorised in writing. If within half an hour from the time appointed for any General Meeting a quorum is not present, the meeting, if convened by or upon the requisition of members, shall be dissolved, but in any other case it shall stand adjourned to the same day in the next week at the same time and place, and no notice of such adjournment need be given.
The members present at such adjourned meeting whatever their
number shall be a quorum.
13. Voting Each Ordinary Member present in person or duly represented at a General Meeting shall have one vote only and the Chairman of the
meeting shall have a casting vote in case of an equality of votes.
Only members who have paid annual subscriptions which have been called for not less than two months before the date of the meeting shall be entitled to vote.
Associate Members are not entitled to a vote.
14. (i)The voting on any matter at a General Meeting shall be by a show of hands but a poll shall be taken if demanded by the Chairman or by not less than one-fourth of the members present at the meeting and entitled to vote either in person or through their representatives.
(ii)Where a poll is demanded, two poll-scrutineers shall be appointed forthwith at the meeting.
(iii)In the event of an equality of votes, the Chairman of the Association shall have a casting vote.
(iv)The Chairman shall on receipt of the report of the poll-scrutineers make a declaration as to whether the matter in respect of which the poll was demanded has been carried or not. The declaration of the Chairman shall be entered in the Minute Book and when so entered shall be final and shall be conclusive evidence of the result of the poll without proof of the number of votes recorded in favour of or against the question voted upon. Such declaration shall as soon as practicable be communicated to the members.
15. Financial
YearThe financial year of the Association shall begin on 1st April and end
on the 31st day of March of each year.
16. MinutesThe Minutes of all Committee, General and Annual General Meetings shall be recorded in a Minutes Book.
Minutes of all Committee meetings shall be circulated to Committee members and minutes of General and Annual General Meetings shall be sent to all members of the Association.
17. QuorumsQuorums for meetings shall be as follows:
General Meetings-20% of the Ordinary Membership
Committee Meetings-1/3rd of the Committee
18. Expulsion
of MembersThe Association reserves to itself the right of expelling any of its members, such explusion to be decided by the vote by simple majority of the Ordinary Members present at any General Meeting of the Association in person or by duly authorised representative convened for the consideration of such expulsion.
19. Retirement
of MembersAny member of the Association may resign from the Association on giving one month's notice in writing to the Committee of his intention to do so.
A member who resigns in the course of any year shall be liable to pay the subscription for that year.
20. Members to be
bound by
ConstitutionEvery member of the Association shall be bound by the Constitution and Code of Ethics of the Association from time to time in force and by the decisions of the Committee.
21. Insolvency of
MembersAny member of the Association shall cease to be a member in the event of his filing a petition of insolvency or being adjudicated, bankrupt or, in the case of a Company, upon an order being made or a resolution passed for the winding up thereof.
22. Entrance Fee
Annual Subscription
etc.The entrance fee and annual subscription shall be fixed from time to time by the Committee except for the initial entrance fee and annual subscription which shall be decided at a member meeting.
23. TreasuryThe Treasurer shall be appointed from amongst the Committee members with the majority votes of the Committee members at the first Committee meeting soon after the Annual General Meeting. The funds of the Association shall be handled by the Treasury of the Association.
24. SecretariatThe Secretary – General of the Ceylon Chamber of Commerce shall be the Secretariat to the Association.The Secretariat shall carry out all the operational activities of the Association.
25. The Secretary The Secretary shall be appointed from amongst the Committee members with the majority votes of the Committee members at the first Committee meeting soon after the Annual General Meeting and shall keep a register of members, minutes and be in charge of the accounts of the Association.
26. General Any matters not covered by this Constitution may be decided upon by the Committee. The Committee shall also have the power to make the rules governing its own proceedings.
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