Constitution for the ‘Council of Management’ representing the Kompleksin Jarina.

Draft

Constitution for the ‘Council of Management’ representing the Kompleksin Jarina.

1 Purpose
1 The Constitution describes the way in which the Council of Management for the Kompleksin Jarina will operate and the responsibilities of the parties identified.
2 The Constitution will be reviewed as part of the agenda at each Annual meeting. This does not preclude changes being made during the year.

2 The Council of Management
a) The Council shall comprise no more than 3 representatives of each of the Blocks A1, A2, B and C.
b) It will be for the owners in each Block to decide the number of representatives on the Council up to the maximum of 3 nominations. The process of nomination will be agreed by each Block
c) Each Block will determine its own process of nomination of representatives to the Council of Management
d) Those nominated by each block to the Council of Management will hold that responsibility for x years. They can leave earlier than this if they wish to resign. They will be replaced in the event of their permanently moving from the Kompleksin.
e) The Council of Management will apply the principles of equality, transparency and non discrimination and seek to introduce all relevant and applicable legislation approved by the Assembly of Kosova in its management of the Kompleksin.
f) A representative of and nominated by the Dukagjini Corporation will also have a right of membership of the Council until such time as all flats held by the Corporation are sold.

3 Responsibilities of the Council of Management
The Council of Management will
a) assume overall responsibility for the management of the Kompleksin.
b) ensure that an agreed calendar of its meetings is convened and publicized.
c) ensure that an agenda is prepared for each meeting .
d) ensure that a full record of all meetings and of decisions taken is prepared
e) set up a Bank account to deal with those incomes and expenditures relating to the Kompleksin as a whole and agree the arrangements for financial management.
f) approve the statement of incomes and expenditures as considered at each Council meeting. Need to agree the process.
g) ensure that all owners are properly informed of the business of the Council and it’s decisions.
h) consider any proposals for additions, amendments or deletion to the Terms of Reference.
i) approve the Agenda for the AGM
j) review and monitor the performance of all staff appointed to work on behalf of the Kompleksin.
k) approve the programme of repairs and maintenance.
l) consider any proposals for capital improvements that are to the benefit of the Kompleksin as a whole.
m) ensure that the accounts are properly audited
n) approve any contracts for the supply of goods and services
o) ensure the overall effectiveness and efficiency of any contracts that are signed for the supply of goods and services.

4 Organisation of the Council of Management
a) The Council will elect a Chair and Vice Chair from its number at the first meeting following the Annual General Meeting. The Chair and Vice Chair cannot be representatives of the same Block.
b) The Council will appoint one of its members to act as Secretary to the Council
c) The Council will appoint one of its members to coordinate the management of accounts.
c) The quorum for a Council meeting shall be 50% of its membership plus 1
e) In the absence of the Chair the Deputy Chair will chair the meeting. If both Chair and Vice Chair are absent then the remaining members present can elect a chair for that meeting only.
f) The agenda for any meeting will be prepared by the Secretary in consultation with the Chair and Deputy Chair
g) The agenda and any supporting documents to be considered at a meeting will be sent to all members of the Council 3 days before.
h) Voting at any meeting will be by show of hands.
i) Decisions will be made by a simple majority of those present
j) the Chairman will sign the Minutes of a meeting as an agreed record at the subsequent meeting to which they refer

5 Annual General meeting
a) An Annual General Meeting shall be held on a date determined by the Council of Management.
b) Notice of the Meeting shall be issued one month in advance by the Secretary on behalf of the Council. This will indicate place and time of the meeting
c) The Notice will also indicate that individuals can raise items for discussion at the AGM that relate to the Kompleksin as a whole. Details of the item and any relevant proposal must be sent to the Secretary no later than 2 weeks before the AGM.
d) The full agenda will be prepared and published 1 week before the AGM.
e) The AGM Agenda will include;
i. Report of the management of the Kompleksin for the previous year
ii. Presentation of Audited Accounts for the previous year.
iii. Presentation of Budget for the following year to include details of any new proposals or changes to monthly contributions.
iv. Items raised by owners in accordance with Article 5c.
v. Amendments proposed to the Constitution
vi. Amendments to House Rules
vii. Any other business of urgent importance
f) The quorum for the AGM shall be 20% of the owners of the Kompleksin

6 Responsibilities of Block representatives
a) It will be the responsibility of the owners of each block to nominate their representatives to the Council of Management.
b) Block representatives are responsible for;
i. Making sure the views of the owners of their Block are brought to the attention of the Council
ii. Collection of monies due from owners
iii. Convening any Block meeting requested by the owners or on which they feel there is a matter of importance to the owners.
iv. Ensuring compliance with the Kompleksin House Rules
v. Contributing to the good management of the Kompleksin

7 Responsibilities of owners
Owners are responsible for;
i. Participating in the appointment of their Block representatives to the Council of Management
ii. Prompt payment of all agreed charges related to their Flat( utilities) and for the Management of the Kompleksin
iii. The good conduct of their visitors to the Kompleksin
iv. Compliance with the agreed House Rules
v. Meeting the cost of damage they cause to the property of others in the Kompleksin
vi. Making sure that their contact details are regularly updated in the event of any problems/ emergencies that may arise.
vii. Raising matters for discussion through their Block Representatives where these are of general relevance

8 Review
The Constitution shall be reviewed at the Annual General Meeting

NOTES
This document is only a start. It is for discussion.
The draft also raises other questions that need to be answered and actions taken.
These include
1 How we coordinate the collection of monies from the individual Blocksand who will be overall responsible
2 The choice of Bank for the account.
3 Who will audit the accounts
4 to decide who will sign contracts ( Chair and Vice Chair?)
5 who will be responsible for internal publicity..development of a website as we have so many living abroad

Rreth jarinepeje
Dipl.Eng Msc

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