Articles of Association
Article I - General
- “Cheri Retirement Homes –The Paradise” , herein after referred to as “the facility” shall be promoted by Sqn Ldr P P Cherian (Retd) ,s/o Shri Cheria Paulose, (here in after referred to as the “the Promoter”, which Expression shall, unless it be repugnant to the context, mean and includes his heirs, successors, legal representatives, administrators and /or assignors) , presently residing at Pullamkottu House, P.O.Ezhakkaranad (N),Ernakulam – 682308 , Kerala, India, with the objective of creating an exclusive self help community of Senior Citizens .
- The facility shall be situated at Ezhakkaranad Kara , in a property comprised of 1.23 Acres in Sy.Nos. 68/3,68/3B,68/5/2 of Maneed Village, Muvattupuzha Taluk , Ernakulam District, a property solely owned by the Managing Trustee. The Address shall be : “ The Paradise, Pullamkottu Cheri Estatee, Srappilly , P.O. Ezhakkaranad (N), Ernakulam – 682308, Kerala, India“
- The facility shall consist of an Administrative Block comprising of common facilities in the Ground Floor and Residential Apartments for Families / Singles / staff in the First and Second Floors. In addition to this, there will be six Single storey , Duplex Villas with 2 Dwelling Units ( D U ) in each of the Villas. The facility shall be built and provided with specified furniture / fittings by the Promoter.
Article II – The Dwelling Units (DUs)
- Each Dwelling Unit (DU) for family shall have a Master Bed Room with attached Toilet, an additional room with attached toilet, a Living Room, a Kitchenette & a Sit out / Balcony . The Single Accommodation shall consist of a Master Bed Room with attached Toilet and a Living Room.
The following Furniture / Fixtures shall be provided in the DU:
- For Bed Room : - Built in Wardrobe , a Double Cot, a Computer Table & Chair , Split AC, Ceiling Fan, Lighting
- For additional room :- A Cot, Ceiling Fan, Lighting.
- For Living Room :- A two single Seat Sofa Chairs, a tea poy, Ceiling Fan.
- For the Balcony – Two Garden Chairs, a tea poy.
- For the Kitchenette – A built-in cupboard with Granite top.
- The accommodation provided in the facility shall be on Rental and the ownership of land, related buildings / Equipment / Furniture & Fixtures shall rest on the Promoter / his legal heirs.
Article III - Membership
- Admission to the facility shall be restricted to families of Senior citizens, Widow / Widower . The minimum age of the youngest of the member / spouses shall normally be 60 yrs.
- Each member admitted shall be designated as “Associate of the Promoter” and shall be assigned a unique “Associate No. ….”
- On confirmation of membership, a lease Agreement shall be Executed between the Promoter and the intending Member for availing the Accommodation and a separate agreement ( Memorandum of Association ) for membership of the Residents’ Association. . .
- The membership shall normally be for the rest of the life of the member.
Article IV – Registration for Membership
- The application for admission shall be made on prescribed form
- The promoter reserves the right to accept or reject the application , without assigning any reasons.
- A Registration Fee of Rs.5000/- (Five Thousand only ) shall be payable on application for Registration.
- The Registration Fee paid shall be refunded if the Application is not accepted.
Article V – Offer of Membership & Confirmation
- An offer of membership shall be sent to the applicant within 15 days of receipt of Application.
- Applicants who receive the Offer of membership shall communicate the Acceptance of the offer within 30 days of receipt of the offer letter.
- The members whose Applications are accepted shall be offered Life Membership of the Facailty upon payment of Prescribed Security Deposit.
Article VI – Confirmation of Membership & Signing of Memorandum of Association
- A letter of Confirmation of Membership shall be communicated to the Members who accept the offer.
- A membership fee Advance of Rs.1,00,000/- ( One lakh only ) shall be payable within 30 days of receipt of the letter of confirmation which shall be adjusted against the Security Deposit payable. The Registration Fees paid shall be adjusted in the Membership Fee payable. The members who make the payment of Membership fee shall also execute the Lease Agreement & Memorandum of Association ( Rule III.3 ) not later than 30 days from the date of payment of Membership fee / before occupation of the rented premise, which ever is earlier.
- Failure to execute the Lease Agreement & Association Agreement shall render the Offer , Acceptance & Confirmation of Membership Null and Void.
- A refund of the advance paid shall be made to the Applicant whose offer & Acceptance of membership becomes Null & Void. However an amount of 5 % of the Membership Fee Advance paid shall be deducted towards Administrative charges.
- Any applicant who made the advance payment , desires to withdraw his application , Rule VI (5) applies.
Article VII - Rental
- The Rental agreement shall be executed prior to the occupation of the DU.
- The duration of Rental agreement shall be for a tenure of 10 years at a stretch on payment of prescribed Rental fees.
- The rate of rental for the second tenure of 10 years shall be 50 % of the rental for the first ten year tenure and NIL for the remaining life of the member/s.
- A Security Deposit equivalent to 10 years Annual Rental shall be made by all Members to the Promoter before occupation.
- The Annual Rental shall be transferred from the Deposit Account to the Rental Account in advance on the date of joining and subsequently every year . The Security Deposit will thus stand diminished to NIL at the beginning of the 10th year of occupation.
- The Rental agreement shall be renewed six months prior to the expiry of the initial period of agreement.
- Future revision of Rental terms ,if any, shall not be applicable to existing members
Article VIII - Rendition of a WILL
- Each member, before occupation of the dwelling Unit , shall execute a WILL and submit the same at the office of the facility.
The will executed shall cover the following:
- The details of the Next of Kin / a Responsible Person for immediate contact and assistance in case of incapacitation / death of the surviving member.
- Instructions for disposal of the body upon death of the surviving member.
- Disposal of the personal effects, if any.
- Details of the beneficiary for the applicable refunds, if any, after the death of the surviving spouse.
Article IX – Formation of Management Committee
- The promoter shall cause to constitute a Managing committee of Members to manage the day to day affairs of the facility.
- The Promoter / his legal heir shall be the Chairman of the Managing Committee.( CMC )
- The other Members, not less than 2, shall be elected by the General body of the members.
- The Management Committee shall nominate / elect one of the members as a Member Secretary.
- The term of the Managing Committee members, other than the Chairman, shall be for a minimum period of 6 months.
- All members are eligible to re-election by rotation.
Article X - Withdrawal of Membership & Pro rata Refund of Security Deposit.
- Any member can opt out of the membership at any time during the currency of the agreement, by giving three months’ notice, in writing.
- Withdrawing members are eligible for refund of the outstanding Security Deposit in the credit of the Member.
- While making the refund of the Security Deposit , no refund will be made on the Rent paid for the year of occupation .
Article XI - Termination of Membership
The Promoter reserves the right of immediate termination of the membership on the following grounds :
- On grounds of Moral Turpitude.
- On Criminal Conviction by a court of Law.
- On complaint by other member/(s) , subject to an enquiry by the Managing Committee subject to the Lease Agreement.
- The rules relating to refund of pro rata Security Deposit applies.( Rule X)
Article XII - Cessation of Membership on Expiry of Spouse (s)
- On expiry of one of the spouses, surviving spouse can opt to continue to stay in the dwelling unit till death.
- In case of death of both spouses before expiry of the term of agreement, pro rata refund of the outstanding Security Deposit , is payable to the designated person as per “Will” submitted in the office.
- The rules relating to refund of pro rata Security Deposit applies.( Rule X)
Article XIII - Residents’ Association Security Deposit
- Each Member shall make a Refundable deposit of Rs. 100000 (Rupees One lakh only) TO THE Residents’ Association , prior to occupation of the DU.
- The deposit shall be refunded to the member / his nominee as per the WILL submitted in the office.
For Refund of Security Deposit , expenditure if any , on A/c of the following ,shall be deducted :
- Unpaid bills.
- Willful damage by the member to the building / furniture / fittings.
- Expenses incurred by the facility on immediate Hospitalisation / Funeral of the member upon death / other emergency expenditures,if any .
Article XIV – Use of Accommodation & Common Areas.
- The allotment of DUs shall be on First come first served basis. Members shall occupy the DU allotted , upon compliance of rules relating to Membership .
- All members shall use the common areas without obstructing the use of them by other members.
- The members shall not use the allotted DUs / common areas for any commercial activity or for any activity which may hamper the peace & tranquility of other members in the facility .
- The members shall not sub let or make any alteration / changes in the structure / aesthetics of the buildings / premises without the written consent of the promoter.
Article XV – Amenities & Services
The following Amenities / Services shall be made available at the facility by the promoter:
- 24 Hour Security.
- Emergency Buzzer in every Apartment.
- A 28/32" LCD / LED TV
- Common Kitchen & Dining Hall.
- An Ante Room (Furnished; with TV/Projector)
- A Library cum Reading Room.
- A Tread Mill Room.
- Supportive Health Care (Periodic Visit)
- Hot Water
- House Keeping & Laundry Facility.
- Car Parking.
- Driver on call.
- Jogging Track.
- Ambulance Service (Tie up with a service Provider)
- A Guest Suite for visiting Children / Kith & Kin
- Limited Accommodation for staff.
- The initial appointment of requisite staff for Services available at the facility shall be made by the promoter, prior to occupation of the DUs.
- All expenses incurred on Salary of staff shall be equally borne by the members on monthly basis.
- Additional Appointments / revision of terms of employment / disciplinary action on employees etc. shall be the Responsibility of the Managing Committee.
- The appointment / engagement of home nurses / attendants for personal service of the Member shall be with the consent of the CMC. All expenses on personal Aides appointed shall be borne by the individual.
- Security passes shall be issued to all personnel employed in the facility.
Article XVI - Periodic Maintenance of the facility
- The Management Committee shall arrange for the periodic maintenance of buildings / furniture / fittings .
- A monthly Maintenance Charge of Rs.500 (Rupees Five Hundred only ) per member shall be levied from each member on a monthly basis.
- Any revision in the monthly Maintenance Charges shall be with concurrence of the General body.
Article XVII – Monthly Messing & Associated Charges (Mess Bill)
- The daily menu for One week at a stretch shall be prepared by a designated member of the Management Committee. However, suggestions of other members shall be duly considered while preparing the menu.
- The Menu & Meals Timings shall be displayed for information of all members.
- All members shall normally be served food in the common Dining Hall. Members are to strictly adhere to the Timings.
- Incapacitated / sick Members shall make own arrangements for getting the food served in their rooms ( through personal attendants / nurses engaged by them ).
- The total expenses for food shall be divided on per head basis for the Dining numbers ( husband & wife / only husband / only wife)
- Members may avail food for their attendants / nurses also, from the facility with prior intimation. However, the members shall be charged extra for their food, as decided by the Management Committee.
- Members may, if they desire, order for Extra dishes by signing prescribed “Extra Messing Chits” , subject to availability and feasibility. Additional charges for Extra Messing, as decided by Management Committee, shall be levied from the member.
- Rebate on messing expense shall be given to a member, for consecutive absence for more than 7 days , subject to prior intimation to the office. The members not dining in from the Mess for such absence shall enter the booking out / booking in timings in the “Mess Booking out Register “ kept in the Office.
- Members desirous of hosting parties on Special occasions like Wedding Anniversary / birthdays or any such special occasions , shall make use of the Ante Room. However, members shall enter the details ( date / time / menu ) in the Party Register kept in the office. All charges for the spl. Order shall be levied from the ordering member.
Article XVIII – Monthly Levies
Each member shall be levied the following charges on a monthly basis :
- Monthly Messing expenses
- Extra Messing Charges / Party expenses, if any.
- Electricity / Water Charges
- Maintenance Charges
- Establishment Charges ( Pro rata Salary expenses ).
- Other levies, if any, as proposed by the Management Committee & approved by General body of Members.
- The Office Manager / designated staff shall prepare a statement of all dues ( Mess Bill ) from each member before the 7th of the subsequent month.
- The Mess bill ,scrutinized and signed by the Member Secretary , shall be given to all members.
- The members shall make the payment of their Mess Bills for the month before 12th of the subsequent month.
- The Management committee shall review the Non- payment of the Mess bills for more than a month without valid reasons and initiate action for recovery, including termination of Membership.
Article XIX – Supportive Medical Care
- The Promoter shall arrange for a Doctor’s Consultation room & Periodic Visit ( not exceeding 15 days ) of a Regd. Medical Practioner, at specified timings.
- Any change of the Consulting Doctor / visiting hours / remuneration etc.,shall be decided by the Managing Committee.
- A First Aid Kit Box shall be placed in the Consultation Room.
- The inmates may consult the visiting doctor ( at specified visiting hours) , who may prescribe medicines or refer the member to any specialist / hospital for investigation and treatment.
- All expenses incurred for medicine / treatment of the member / spouse shall be borne by the member.
- In case of a Medical Emergency of any member, the Member Secretary shall arrange for :
- Immediate hospitalization.
- Intimation of the Responsible Person/ NOK
- Payment of Medical Bills of immediate nature.(Till the time the NOK / Responsible person takes charge of the patient.)
- Upon receipt of intimation, the NOK / Responsible person shall take charge of the patient, as early as possible, but not later than 7 days.
- In the event of the NOK/Responsible Person not coming forward to take over the patient with in a reasonable period not exceeding 1 month, the Management Committee shall initiate action to shift the member to any Old Age Home where free care is provided.
Article XX - The Security and safe keeping of Personal effects
- Entry of personnel other than the members, into the facility shall be restricted. Such personnel shall Book in & Book Out in the Movement Register kept at the Security post , while entering and leaving.
- The Drivers of all vehicles other than the member’s vehicle shall make entries in the Vehicle Movement Register, kept at the Security post.
- The Security staff on duty at the entrance shall check all personnel / vehicles, if they deem fit, in the interest of the security of the facility.
- The security staff shall make an entry of all significant events including the movement of members’ vehicle in the Occurrence Register kept in the Security post.
- Despite the provision & placement of Security staff, it is the responsibility of the members to safeguard their personal cash, jewellery, etc. and to get their personal effects insured against theft, natural calamities, fire etc.
Article XXI – Accommodation of Guests & Guest Accommodation
- The promoter shall provide for limited no. of Guest Suites.
- The Rental for the guest Suite/s shall be as fixed by the Promoter, from time to time.
- The members shall avail the Guest Suites for short duration of stay of their Children / NOK / Responsible person / friends, subject to Availability.
- Intending Members shall enter the details (Date /No. of Members / Particulars of occupants / relation with the member etc). in the Guest Booking Register kept in the Office.
- The members shall also be permitted to accommodate their close relations in their DUs for short durations , with prior intimation at the Office. However, the details of the guests are to be entered in the Guest Booking Register.
- The members shall be charged the Rental for the duration of the occupation of the Guest Suite , at prescribed rates.
- The income arising out of the rental for the Guest Suites shall be the income of the Promoter. The Promoter shall be at liberty to utilize this income for any Charity / Welfare or any other cause/s which he deems fit .
- The Guests shall be permitted to dine from the common Dining hall..The members shall be charged for the Messing of the guests at rates prescribed by the Managing committee, from time to time.
Article XXII – Routine and Preventive Maintenance
- The Managing committee shall, once in six months, review the Preventive maintenance requirement of all infrastructure in the facility and plan required Maintenance schedule.
- The expenditure for Maintenance shall be met out of the Maintenance Fund created out of the monthly Maintenance fees collected from members.
- Members shall enter the complaints / un-serviceability in respect of buildings/ furniture / fittings / , if any, in the complaint Register kept in the Office.
- The Facility Manager shall arrange for repair / replacement, as early as feasible.
- The Member Secretary shall monitor the maintenance carried out.
Article XXIII – Minutes of Meetings
- Separate Books for recording the Minutes of General body / Managing Committee shall be maintained in the office.
- The CMC shall preside over the meetings and the Minutes of the meetings are to be recorded by the Member Secretary or a member nominated by the CMC.
- The Minutes recorded shall be signed by the Member Secretary & the CMC.
- The Minutes of the Previous meeting and action there of shall be read out in the subsequent meeting.
- The Minutes book shall be accessible to any member, on demand.
Article XXIV – Maintenance of Books of Accounts & Auditing
- The CMC shall ensure that necessary books of Accounts required for auditing are maintained in the office.
- All expense Vouchers shall be scrutinized and passed for Payment by the Member Secretary.
- The CMC shall arrange for the Auditing of the Annual Accounts.
- The expenses on Auditing shall be debited from Establishment Charges.
- The Audited statement of Annual Accounts shall be accessible to all members on demand.
- The audited Statement of Accounts shall be submitted to all Statutory Agencies as required.
Article XXV – Registration of Senior Citizen's Resident's Association
- The CMC shall initiate action to Register a Residents’ Association after all the DUs are occupied.
- The CMC shall ensure that all statutory requirements are complied with .
- The Member Secretary shall display details of the Registration for the benefit of all members
Article XXVI – Winding up
- In the event of unavoidable / unforeseen reasons, if the facility is to be wound up :
- The Promoter shall give notice, in writing, to all members, of his intension to wind up the facility , not lesser than 90 days in advance.
- The Promoter shall arrange for the refund of the amounts to the credit of the member.
- Rule relating to Pro rata refund shall apply.
- Members shall have a lien on the assets of the facility till the refund of dues to the member is effected.
- The Member shall vacate the premises upon receipt of the balances due to the member.
Article XXVII – Dispute Resolution
Disputes, if any , arising out of any of the Articles stated above, shall be resolved in appropriate court /s within the Jurisdiction of Ernakulam District of Kerala State.
Article XXVIII – Support and Co - Operation of Members
- The facility is indented to be a Self help Senior Citizens community, a close knit group of like-minded, like old people moving into a Secured Environment.
- The facility created by the Promoter is to provide a peaceful , comfortable and Secured retired lifestyle for senior citizens who opt to become Members of the Facility, for the rest of their life.
- The occupants in the facility shall endeavor to make it a home away from home for all occupants.
- The Members shall not indulge in any activities that are contrary to the interests of the “Retirement Community” and strive to make the facility worth its name – “The Paradise”.
- The Articles of Association shall be binding on all persons desirous of joining the facility / persons who have opted to become members of the facility.