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RA Constitution - English version
The English version of the RA constitution is attached for your reference.
CONSTITUTION OF PERSATUAN PENDUDUK KONDOMINIUM STERLING KELANA JAYA,SELANGOR .(2012)
1.1. Persatuan Penduduk Kondominium Sterling Kelana Jaya,Selangor. (2012) (Sterling Condominium Resident Association,Kelana Jaya Selangor.(2012), hereinafter referred to as “the Association”.
2. REGISTERED OFFICE AND POSTAL ADDRESS FOR CORRESPONDENCE
2.1. The address of the Association’s registered office shall be:-
A-3A-01, Block A Kondominium Sterling
No. 3, Jalan SS 7/19,
47301 Petaling Jaya
Selangor Darul Ehsan
Or at such other place or places as may from time to time be decided by the Committee.
2.2. The Association’s postal address for correspondence shall be as above.
2.3. Subject to the prior approval of the Registrar of Societies, the address of the Association’s registered office and/or the Association’s postal address may be changed from time to time by a resolution of the Committee.
The Committee may at its discretion invite distinguished personage to be patron of the Association. The person appointed must give his/her consent in writing.
4.1. The objectives of the Association shall be as follows:
a) To promote and foster better communication between residents and the developer of Sterling Condominium and/or the appointed managing agent (“the Management”) in the management of Sterling Condominium (“the Condominium”);
b) To act as an intermediary between the residents of the units of the Condominium and the Management by liaising and cooperating with the Management in matters pertaining to maintenance, security and common facilities provided in the Condominium;
c) To protect the interest of the residents in matters relating to finance, in particular the utilisation of maintenance/service charges and sinking fund collected from residents with the view of eventually running the management corporation to ensure that the Condominium is run in the best interest of the residents;
d) To promote community spirit amongst the residents and foster neighbourliness through social and sports activities so that residents can live in a secure, healthy and friendly social community. and
e) To liaise and deal with all relevant authorities on behalf of the residents of Sterling Condominium.
4.2. In furtherance of the objectives set out in Article 4.1 above, the Association shall have power to carry out the following activities for the benefit of Sterling Condominium residents
a) Conduct social and sporting activities.
b) Support and make donations for purposes including but not limited to patriotic, cultural, social, educational, scientific, medical or charitable; with the approval of the Registrar of Societies and the relevant authorities.
c) purchase, take on lease or in exchange or otherwise occupy or acquire any land or buildings which may be necessary for achieving the objectives of the Association, and to lease, sell, charge, dispose of or otherwise deal with the same or any part thereof, to any third party; Subject to the condition that prior approval be obtained from the relevant authorities where applicable.
d) employ and hire secretaries or managers, clerks, independent auditors, servants or labourers and to pay to them and to other persons in return for services rendered to the Association, salaries, wages and gratuities.
e) Engage or enter into any contractual relationship with any contractor and/or other classes of persons for the purpose of procuring their services, goods, or equipment needed by the Association and pay to them and to other persons, fees or charges in return for services, goods or equipment rendered to the Association.
f) Liaise with the Management and/or its staff, employees, contractors and agents.
i) liaise with Majlis Bandaraya Petaling Jaya and relevant authorities and
ii) Appoint consultants, accountants, lawyers, other professionals and agents to assist the Association including taking legal and other action against the Management or other parties if necessary.
5.1 Membership of the Association is open to Sterling Condominium residents who are owners or tenants aged 18 years or older and are of good character. However, only one member is allowed for each unit.
5.2 Subject to the payment of membership subscription as shall be determined by the Committee from time to time, the member shall have the right to participate in the activities of the Association.
5.3 Each Member shall be entitled to one vote at meetings and shall be eligible for election to the Committee.
5.4 Subject to the provisions of these Articles, the powers of admitting and electing Members shall be vested in the Committee, which shall be empowered to restrict at its discretion the admission of Members and to vary or revoke such restriction upon such terms and conditions as the Committee may deem fit.
5.5 APPLICATION FOR MEMBERSHIP
a) Every application for Membership shall be made in such form as shall be prescribed by the Committee from time to time and shall be accompanied by the annual subscription as may from time to time be stipulated by the Committee.
b) The duly completed application form together with the requisite annual subscription and such other information or documents as may be stipulated by the Committee, shall be forwarded to the Secretary, who shall submit the completed application to the Committee for its consideration.
c) In considering an application, the Committee may require a candidate to attend an interview which shall be conducted along such procedures as the Committee deems fit.
d) The Committee may at its absolute discretion reject any application without assigning any reason therefore. In such event all monies payable by the applicant hereunder shall be refunded forthwith.
e) An application which receives the affirmative vote of at least two-thirds (2/3) of the Committee is deemed approved.
f) Upon approval of his / her application as set out in Article 5.5(e) the candidate shall be duly notified in writing and shall be furnished a copy of the Constitution and current by-laws (if any) the Association. Thereafter, the candidate shall be entitled to be registered as a Member and to participate in Association events as provided hereunder.
Any Member may resign from the Association by giving written notice to the Secretary, PROVIDED ALWAYS THAT such resignation shall not extinguish any liabilities of the Member which arose during the period of Membership.
6.1 A Member shall pay to the Association entry fee in the sum of Ringgit Malaysia Thirty (RM30.00) and the annual fee subscription in the sum of Ringgit Malaysia Thirty (RM30.00) in cash such other form of payment acceptable to the Committee or such other sum as the Committee may stipulate from time to time upon obtaining the approval of the Registrar of Societies.
6.2 Subscription shall be payable in advance by 7st January of each calendar year in cash or such other form of payment acceptable to the Committee. For avoidance of doubt, all prospective Members shall upon application as set out in Article 5.5 herein, be liable to pay the annual subscription of the current year in full unless otherwise determined by the Committee. Subject to the prior approval of the Registrar of Societies, the Committee may from time to time at its discretion, vary the annual subscription.
6.3 Membership shall be terminated when the subscription is in arrears by 30th April of the year and such Member fails to give a satisfactory explanation for his/her non-payment after the Committee has given him fourteen (14) days notice in writing to pay the outstanding sums.
6.4 If after the termination of the Membership for the reason set out in Article 6.3, a Member shall have paid in full all monies due to the Association, the Committee may, at its absolute discretion at the request of the Member, reinstate the Member SUBJECT ALWAYS THAT the Committee shall be entitled to reserve the right to refuse such reinstatement without giving any reason whatsoever.
7 TERMINATION OF MEMBERSHIP
7.1 A Member shall automatically cease to be a Member and his/her name shall be removed from the list of Members upon the occurrence of any of the following events: -
a) If the Member ceases to be a resident and/or Owner of the Condominium;
b) If the Member is convicted of any offence involving violence, or dishonesty or shall suffer imprisonment for any reason whatsoever;
c) If the Member leaves the country to escape criminal proceedings; and,
d) In the event of the Member’s death.
7.2 CONTINUING LIABILITY
Notwithstanding the termination of Membership under Article 6.3 or Article 7.1 hereof or the suspension or expulsion of the Member under Article 18, the Member shall continue to be liable for all outstanding dues owing to the Association and any liabilities or obligations undertaken or incurred during his term of Membership.
8.1 The supreme authority of the Association shall be vested in a meeting of Members. The quorum for a meeting shall be at least one half of the total membership of the Association or twice the total number of the Committee members, whichever is lesser. No business shall be transacted at any meeting unless the requisite quorum is present at the commencement of business.
8.2 If half an hour after the time appointed for the meeting a quorum is not present, the meeting shall be postponed to a date [not exceeding thirty (30) days] to be decided by the Committee; and if a quorum is not present half an hour after the time appointed for the postponed meeting, the Members present shall have power to proceed with the business of the day but shall not have the power to alter the Constitution of the Association or make decisions affecting the whole membership.
8.3 The Annual Meeting of Members shall be held each year on a date, at such time and place as the Committee shall determine as soon as the financial year ends but not later than 30th of June. Not less than fourteen (14) clear days’ notice shall be given of any such meeting and such notice shall specify the nature of the business to be transacted, setting out the date, time and place and calling for motions for discussion or amendment of the constitution and nominations for the election of the Committee, The business to be transacted at the Annual Meeting shall include: -
a) tabling of the report of the Committee on the affairs of the Association for the preceding year;
b) tabling of the audited financial statement for the preceding financial year;
c) consideration of an estimate of revenue and expenditure for the current year;
d) discharge of the Committee and election of new office bearers;
e) amendments or additions to the Constitution;
f) appointment of auditors; and
g) Any other business duly brought up before the meeting.
8.4 The Secretary shall at least fourteen (14) days before the date of the Annual Meeting send to all Members the agenda including copies of minutes, reports, the duly audited statement of accounts and balance sheet of the preceding year and motions and nominations for the election of office bearers. Copies of these documents shall also be made available at the registered address of the Association for perusal by Members.
8.5 Any Member intending to put before the Annual Meeting any other business may notify the Secretary in writing within seven (7) days of the notice referred to in Article 8.3 of such intention and setting out the particulars thereof.
8.6 Extraordinary Meeting
a) an Extraordinary Meeting may be convened by the Committee, or
b) On the written requisition of at least one-quarter (1/4) of the Members stating the objectives and reasons for such meeting. Such requisition should be submitted to the secretary.
8.7 An Extraordinary Meeting shall be convened by the members not later than thirty (30) days from the date of such requisition.
8.8 The dissemination of the notice and the Agenda must be provided at least fourteen (14) clear days’ before the proposed meeting.
8.9 Article 8.1 and 8.2 pertain to quorum and postponing of the Annual Meeting can be used for the Extraordinary Meeting with the condition that if the quorum is insufficient, after half an hour from the time set for the Extraordinary Meeting, at the request of the members, the meeting shall be cancelled and no Extraordinary Meeting may be convened within a period of six (6) months from the date hereof to discuss the same issues.
8.10 The minutes of every Annual or Extraordinary meeting shall be dispatched to every member as soon as possible.
8.11 Every question raised at any meeting shall be decided by a majority of votes. Every Member who is present in person shall have one vote, and in the event of a tie, the Chairman/President shall have a second or casting vote.
9 THE COMMITTEE
9.1 The overall control and management of the affairs of the Association shall be vested in the Committee consisting the following:
i) President ii) Vice-President
iii) Secretary iv) Assistant Secretary
v) Treasurer vi) Assistant Treasurer
vii) Five Committee Members
The Committee Members shall be elected at each Annual Meeting and at the first committee meeting, elect among themselves the President, Vice President, Secretary, Assistant Secretary, Treasurer and Assistant Treasurer.
9.2 The pro-tem committee consisting of the same number of Members appointed at the inaugural meeting of the Association shall form the First Committee until the first Annual Meeting of the Association, whereupon a duly elected Committee shall take office. The pro- tem committee shall have the same powers and duties as set out herein in regard to the Committee.
9.3 Nomination for the position of committee member shall be in writing signed by a proposer and a seconder, and shall be forwarded to the Secretary at least fourteen (14) days before the date of the Annual Meeting. The nomination has to be accompanied by a written consent of the nominee.
9.4 Each committee member upon election shall hold office for one (1) year until the next Annual Meeting, where he/she shall be eligible for re-election.
9.5 Any vacancy in the Committee may be filled by any Member co-opted by the Committee, and shall hold office until the next Annual Meeting.
9.6 Any committee member who fails to attend three (3) consecutive meetings of the Committee without an acceptable explanation shall be deemed to have resigned from the Committee and the President or Vice President shall thereafter send a notice to the said member informing him/her of the same. A committee member may resign by written notice to the Secretary or the President.
9.7 A meeting of the Committee shall be held not less than once every two (2) months. At least fourteen (14) days prior notice shall be given and at any meeting of the Committee, six (6) members shall form a the quorum.
9.8 The President or in his absence the Vice President, shall preside at all meetings of the Committee. If neither the President nor the Vice President is present, the Committee may elect one (1) of their members to preside at the meeting.
9.9 Questions arising at any meeting of the Committee shall be decided by a majority of votes. In the event of a tie, the Chairman shall have a second or casting vote.
9.10 A resolution posted to all committee members and agreed to in writing by a majority of the Committee shall have the same effect as a resolution duly passed at a duly convened meeting of the Committee.
9.11 The Committee shall be entitled to invite any person to attend any meetings of the Committee as an advisor or observer.
10 DUTIES OF COMMITTEE MEMBERS
The President shall preside at all meetings of the Committee and all meetings of Members, and shall be responsible for the proper conduct of all such meetings. In all its dealings with third parties, the Association shall be represented by the President, who shall have overall responsibility for all activities properly conducted by the Association and shall ensure that the Association is run in the best interest of the Members.
10.2 Vice President
a) In the President’s absence, the responsibilities of the President shall be assumed by the Vice President; and,
b) If the need arises, the President will delegate certain responsibilities from time to time on an ad hoc basis to the Vice President.
The Secretary shall be responsible for the overall active management of the Association in accordance with the directions set down by the Committee, including:
a) maintaining a register of Members, which shall contain such particulars as the Committee may require;
b) handling all correspondence of the Association;
c) looking after all material relevant to the Association’s activities including letterhead, rubber stamps, brochures, copies of the Constitution and etc;
d) issuing subscription notices, reminder notices, circulars and other notices;
e) arranging meetings, preparing minutes of all meetings and maintaining the official minute books;
f) submission of annual returns of the Association to the Registrar of Societies within twenty-eight (28) days of the Annual Meeting in accordance with the provisions of the Societies Act 1966 and any statutory amendments thereof;
g) the purchase of supplies and equipment;
h) maintenance of an accurate inventory of Association equipment; and
i) Any other duties as may be required by a resolution of the Committee.
10.4 Assistant Secretary
Assist the Secretary in carrying out the duties set out in Article 10.3 and in the Secretary’s absence, the responsibilities of the Secretary shall be assumed by the Assistant Secretary.
Subject to the directions of the Committee, the duties of the Treasurer shall include:
a) the maintenance of books showing the complete account of receipts, disbursements and amounts owing to or by the Association;
b) collecting, holding or banking and disbursement of all monies of the Association and issuing receipts;
c) preparing and submitting regular reports to the Committee and/or the meeting concerning the financial condition of the Association;
d) seeking authorization for disbursement and drawing of cheques accordingly;
e) controlling the bank account of the Association;
f) producing an annual financial report;
g) where an audit is required, making the necessary arrangements for such audit to be carried out;
h) monitoring the payment of subscription and other amounts owing to the Association, as well as the prompt payment of bills rendered to the Association; and
i) Any other duties as may be required by a resolution of the Committee.
10.6 Assistant Treasurer
Assist the Treasurer in carrying out the duties set out in Article 10.5 and in the Treasurer’s absence, the responsibilities of the Treasurer shall be assumed by the Assistant Treasurer.
10.7 Committee Members
The Committee Members shall carry out such duties as may be required by a resolution of the Committee.
11 FUNDS OF THE ASSOCIATION
11.1 The funds of the Association shall be sourced from any or all of the following: -
b) Proceeds from social and sporting activities and events conducted by the Association in pursuance of its objectives.
11.2 The property and income of the Association shall be applied exclusively to the promotion of the objectives of the Association and no portion thereof shall be paid or transferred directly or indirectly to any Member or any person who has been a Member of the Association or any person claiming through him save and except by way of bona fide remuneration for services actually rendered to the Association or by way of reimbursement for authorised expenses incurred on its behalf.
11.3 All monies of the Association shall be deposited within seven (7) days of receipt in an account opened and maintained in the name of the Association with a banking institution duly approved by the Committee and upon such terms as the Committee may determine.
11.4 The Treasurer may hold a petty cash advance which shall not exceed Ringgit Malaysia Two Hundred (RM200-00) at any one time. The Treasurer may properly incur at any one time expenditures up to Ringgit Malaysia Two Hundred (RM200-00) only. Any expenditure in excess thereof shall be subject to the prior approval of the Committee.
11.5 All cheques and withdrawal requests shall be prepared by the Treasurer or Assistant Treasurer, and signed by at least two of the following three officials – President, Secretary and Treasurer.
11.6 The Committee shall cause proper accounts to be kept of the Association’s receipts and expenditure, and the preparation of a balance sheet as soon as practicable after the end of each financial year at 31st December.
12.1 Two (2) individuals, who shall not be committee members of the Association, shall be appointed by the meeting on an annual basis as the Association’s auditors who shall be responsible for auditing the accounts of the Association. In this respect the auditors shall have access to all records and documents of the Association and the office bearers shall upon a request being made by the auditors supply such other information as may be reasonably necessary for the audit.
12.2 The auditor shall audit the accounts of the Association and prepare a report to be tabled before the Annual Meeting, and may also be required by the Committee to audit the accounts of the Association for any period within their term of office and to submit a report accordingly.
13 INTERPRETATION OF THE CONSTITUTION
Any dispute or difference which may arise as to the meaning or interpretation of the Constitution and/or by-laws made hereunder or as to the powers of any committee or election proceedings of any committee, shall be determined by the Committee, which decision shall be final and binding upon all Members.
(a) Any illegal activities within the premises as laid out by Malaysian laws are strictly prohibited;
(b) None of the following games shall be played in the premises of the Association: Roulette, Lotto, Fan Tan, Poh Peh Bin, Belangkai, video games, Pai Kau, Tau Ngau, Tien IKow, Chap Ji Kee, Sam Cheong, Twenty-One, Thirty-One, Ten and a half, all games of dice, bankers’ games and all games of mere chance;
(c) Neither the Association nor its Members shall attempt to restrict or in any manner interfere with the trade or prices or engage in any Trade Union activities as defined in the Trade Union Ordinance 1959;
(d) The Association shall not hold any lottery, whether confined to its Members or not, in the name of the Association or its office bearers, Committee or Member;
(e) Premises Management Regulations
(i) The original certificate of registration shall be clearly displayed in the Association premises; and
(ii) The name and registration number of the Association shall be inscribed on a signboard which shall be displayed at the premises of the Association.
15 AMENDMENTS TO THE CONSTITUTION
15.1 Any amendments to the Constitution shall be unanimously recommended by the Committee and subsequently approved by at least two-third (2/3) majority at a meeting of Members. An application shall be made to the Registrar of Societies within sixty (60) days of such amendment having been approved.
16.1 The Association maybe dissolved by a resolution at a Meeting of Members convened for that purpose, subject to the following terms:
(a) At least thirty (30) days’ notice of the proposed resolution shall have been given to all Members;
(b) The quorum for such meeting shall be at least one half (1/2) of the registered Members present in person; and
(c) The resolution in support of dissolution shall be carried by an affirmative vote of not less than two-third (2/3) of the Members present and voting in person.
16.2 A competent person shall be appointed the liquidator of the Association; who shall discharge all existing debts arid liabilities properly incurred by or on behalf of the Association and dispose of remaining funds in such manner as shall be determined by the meeting.
16.3 Notice of dissolution shall be given to the Registrar of Societies within fourteen (14) days of the date of dissolution.
17 POWERS OF THE COMMITTEE
17.1 The Committee in the exercise of its functions shall have all such powers and do all things as may be exercised or done by the Association hereunder save and except those powers or matters which are reserved to the meeting of the Members; and shall, subject to the provisions herein and any directions of a meeting of the Members, regulate its own affairs as it sees fit.
17.2 The Committee may appoint sub-committees for various events, social and other activities of the Association and delegate thereto such powers as it shall deem fit and revoke or vary such delegation of powers as it may from time to time deem fit.
17.3 Membership of such sub-committees need not be confined to Members of the Association but shall nonetheless, in the exercise of the powers so delegated, conform to such terms of reference as shall be imposed on it by the Committee from time to time.
18 SUSPENSION AND DISCIPLINARY ACTION
18.1 Any Member who acts in any way prejudicial to the interest of the Association or other Members; or shall breach any Article hereunder or any by-law of the Association may be subject to disciplinary proceedings conducted by the Committee in the following manner:-
(a) The Committee shall determine whether there is sufficient evidence to justify calling on the delinquent Member to answer any allegations or charges made against him. If such evidence is sufficient, the Committee shall notify the Member in writing of the allegations and charges made against him and require him to attend a meeting of the Committee for the purpose of answering those allegations and charges.
(b) At such meeting, the Member concerned shall have the right to be heard; and
(c) At the conclusion of such meeting, the Committee may:
(i) Suspend the Member; or
(ii) Impose any other lesser penalty; or
(iii) Upon the affirmative vote of at least two-third (2/3) of the Committee, expel the Member.
For the avoidance of doubt, any amendments to the Constitution shall only take effect on the date of approval by the Registrar of Societies.
19.1 The Committee, the members of any sub-committee and officers appointed by the Committee in relation to the affairs of the Association shall, in addition to any indemnity given them by law, be indemnified out of the assets of the Association for all liabilities incurred by them in the bona fide execution of their respective duties hereunder. It is further agreed that the maximum liability for each Member shall not exceed the sum of Ringgit Malaysia Thirty (30) only.