FORM OF DECLARATION BY THE SOLE OWNER OR
OWNERS OF THE LAND FOR SUBMITTING THE LAND AND BUILDINGS UNDER
MAHARASHTRA APARTMENT OWNERSHIP ACT, 1970
In the???..(here enter name of city, town, village, taluka and
district). ???.. on this???..day of
20???....................................................... (here
enter name of sole owner or all the owners) hereinafter referred to as
Grantor who is fully empowered and qualified to execute this deed does
hereby state:
FIRST: That the Grantor owns the following land situated in the ???..
(here enter city town. village. Taluka. district) which is described as
follows. namely:?
???..???..???..???..???..???..???..???..???..???..???..???..???..
Insert metes?and?bounds description of land upon which the building
is constructed and add the City Survey or cadastral Survey Number or
Survey Number. Also state the date and registration details of the last
document of title under which the grantor claims the land.
SECOND: That the Grantor has constructed on the parcel of land
described above a building known as ???.. (here enter name of
building),according to the plans attached hereto as Exhibit A which were
approved by the ???.. (here insert name of local authority) on the
???..day of.....................20???..and which are made a part
thereof. The Municipal or Ward No., Street No. and House No. are as
follows ???..The postal address of the building is
........................................................................
THIRD: That the said building consists of a basement, a ground floor
and, ..............upper floors. The ground floor will be used for
commercial facilities, or other common purposes. The ground and upper
floors consist of individual apartments all for residential purposes.
The upper floors are all capable of individual utilisation on account of
having their own exit to a common area and facility of the building, and
the apartments will be sold to one or more owners each owner obtaining
a
particular and exclusive property right thereto and each apartment
constituting a heritable and transferable, immovable property within the
meaning of any law for the time being in force in the State (hereinafter
referred to as "family unit'), and also an undivided interest in the
general and/or restricted common areas and facilities of the building,
as listed hereinafter in this Deed, necessary for their adequate use and
enjoyment and hereinafter referred to as a "general and/or restricted
common areas and facilities", all of the above in accordance with the
Maharashtra Apartment Ownership Act, 1970.
FOURTH: That the aforesaid building has a total building area
of.....................square metres of which, ???..square metres will
constitute family units, and square metres will constitute general
and/or restricted common areas and facilities.
FIFTH: That this condominium shall be known as "The Condominium" and
that the family units and common areas and facilities of the building
will be as follows:?
Family Unit?Upper Floors (1) In each of the
???..Upper floors, there are ???..family units. The said family units
will be numbered consecutively from one to ???..on each floor. These
numbers will be preceded by the tenth which corresponds to each floor,
for example: Those of the first floor will bear the numbers '101",
"102", etc., those of the second floor will bear the number "201",
"202", etc., and those of the higher floors will be numbered similarly
according to the corresponding tenth of each floor. Hereinafter such
family units will be referred to as Family Unit Type Number one, Family
Unit Type Number Two, etc. respectively. Each family unit is equipped
with:
The family units are described here in below. The measures of a
family unit include all the outside walls and one?half of the block
partitions but exclude bearing walls.
(a) Family Unit ? Type Number One.?It is a rectangular shaped
apartment measuring ???..metres long and ???..metres wide, making a
total area of???..square metres as specifically shown in Exhibit A of
this Deed. Its boundaries are as follows:
Its main door has access to the corridor of the respective floor.
'The family units consist of the following rooms:
A hall of ???..square metres, a living room of ???..square metres, a
dining room of ???..square metres, a kitchen of ???..square metres,
which includes the sinks, or washing area, a ???..gas or electric range,
model ???..colour bedrooms of ???..square ???..metres, bathroom of
???..square metres. In addition, the family unit has a balcony
(balconies) facing???..Street of???..Square metres [A description of
each type of family unit should follow as Items (b), (c), (d),
etc.].
Common areas and facilities (2) (a) The parcel of
land described in paragraph First of this Deed.
(b) A basement as shown in Exhibit A attached hereto and consisting
of...........................square metres.
(c) The following facilities located in the basement.
(d) Parking facilities as shown in Exhibit A attached hereto and
consisting of................... square metres.
(e) The ground floor as shown in Exhibit A attached and
consisting of a garden lawn, children playing area, swimming pool,
tennis or badminton court, etc.
admeasuring..........................square metres respectively.
(f)The following facilities located in the ground floor:
(1) Commercial areas and facilities as shown in Exhibit A attached
hereto, consisting of ???..square metres and described as follows:
(2) A lobby and facilities as shown in Exhibit A attached hereto,
consisting of.........................square metres and described as
follows:?
(g) The following facilities located throughout the building and as
shown in Exhibit A, attached hereto:
(1) elevator(s).
(2) An elevator shaft to ??.square metres for the elevator(s)
extending from the ground floor up to the ???floor.
(3) A stairway, referred to in this Deed as Stairway A of ???..square
metres, which leads from the ground floor to the roof of the
building.
(4) A stairway, referred to in this deed as Stairway B, of
???..square metres, which leads from the open court to the ???..upper
floor.
(5) A flue extending from the incinerator in the basement to the roof
of the building. The said flue will have a hopper door in each one of
the ................upper floors for the disposal of garbage and
rubbish, and will be fed from the janitor's room of each of the
???..upper floors.
(6) Water tank located on the roof of the building.
(7) Elevator penthouse with corresponding elevator equipment located
on the roof of the building.
(8) Plumbing net?work throughout the building.
(9) Electric wiring net?work throughout the building.
(10) Necessary light, telephone and public water connections.
(11) The foundations and main walls, columns, girders, beams and
roofs of the building as described in the plans which form part of this
Deed as Exhibit A hereof.
(12) Tanks, pumps, motors, fans, fire?fighting equipment, compressor,
ducts, central air?conditioning and heating equipment and in general all
apparatus and installation existing for common use.
(h) The following facilities located in each one of the
???..upper floors and as shown in Exhibit A, attached hereto, are
restricted common areas and facilities restricted to the family units of
each respective floor:?
(1) A lobby which gives access to the ???..elevators, to the family
unit, to the janitor's room, to ???..to the corridor and to Stairway
A.
(2) A room for the use of the janitor.
(3) A corridor extending from the lobby to Stairway B.
SIXTH: (a) That the right, title and interest of each owner of a
family unit in the general common area and facilities listed under
letter (a) to (g) of sub?paragraph 2 of Paragraph Fifty and their
proportionate share in the profits and common expenses in the said
general common areas and facilities, as well as the proportionate
representation for voting purposes in the meeting of the Association of
Apartment owners of the ......................Condominium is based on
the proportionate value of each family unit to the total value of all
family units as follows:?
Family Unit ? Type Number One ???..per
cent, based on a value of Rs ???..for this apartment and a
total value of for all family units (here follow the proportionate value
of Family Unit ? Type Number Two to Family Unit Type Number
???..???..).
(b) That the right, title and interest of each owner of a family unit
located on each of the ???..upper floors in the restricted common areas
and facilities located in the respective floor and listed under letter
(h) of said sub?paragraph 2 of Paragraph Fifty, and their
proportionate share in the profits and common expenses in the said
restricted common areas and facilities, as well as the proportionate
representation for voting purposes with respect to the said restricted
common areas and facilities in the meeting of the Association of
Apartment Owners of the ???..Condominium is based on the
proportionate value of each family unit to the total value of all
family units located on its respective floors, as follows:?
Family Unit ? Type Number Two ???..per cent
(here follow the right, title and interest of the family unit owners of
Family Unit ? Type Number Two to Family Unit ? Type Number in the
restricted common areas and facilities located
in their respective floors).
(c) The proportionate representation for voting purposes provided in
(a) and (b) hereof may be limited in accordance with the provisions of
the bye?laws attached hereto as Exhibit B.
(d) Apartment/apartments and the percentage of undivided interest in
the common areas and facilities appertaining to the apartment, (each
apartment) are not encumbered in any manner whatsoever on the date of
this Declaration.
SEVENTH: That the Administration of condominium consisting as
aforesaid of the building and parcel of land described in Paragraphs
First and Fifth of this Deed shall be in accordance with the provisions
of this Deed and with the provisions of the bye?laws which are made a
part of this Deed and are attached hereto as Exhibit B.
EIGHTH: That as appears above a plan of apartment ownership is hereby
constituted under and subject to the provisions of the Maharashtra
Apartment Ownership Act, 1970 so that the family units of the ???..upper
floors may be conveyed and registered as individual properties capable
of independent use, on account of each having its own exit to a common
area and facility of the building, each family unit owner having an
exclusive and particular right, title and interest over his respective
family unit and in addition the specified undivided interest in the
common areas and facilities and/or
restricted common areas and facilities.
NINTH : That for the purposes of stamp duty and registration fees to
be imposed on the registration of this Deed in the Register of
Declaration and Deeds of Apartment under section 13(5) the value of the
???..Condominium is distributed as follows:?
(a) Parcel of land described in paragraph First hereof is valued at
Rupees .........................
(b) The building described in Paragraphs Second and Third hereof is
valued at.......................Rupees
TENTH: That so long as the Grantor owns one or more of the family
units, the Grantor shall be subject to the provisions of this Deed and
of the Exhibits A and B attached hereto and the Grantor covenants to
take no action which will adversely affect the rights of the Association
of Apartment Owners with respect to assurances against latent defects in
the building or other rights assigned to the Association by reason of
the establishment of the???..Condominium.
ELEVENTH: That the general and/or restricted common areas and
facilities shall remain undivided and no owner shall bring any action
for partition or division thereof.
TWELFTH: That the percentage of the undivided interest in the general
and/or restricted common areas and facilities established herein shall
not be changed except with the unanimous consent of all the apartment
owners expressed in amendment to this Deed duly registered.
THIRTEENTH: That the undivided interest in the general and/or
restricted common areas and facilities shall not be separated from the
family unit to which it appertains and shall be deemed conveyed or
encumbered with the unit even though such interest is not expressly
mentioned or described in the conveyance or other instrument.
FOURTEENTH: That each apartment owner shall comply with the
provisions of this Deed, the Bye?laws, decisions and resolutions of the
Association of Apartment Owners and failure to comply with any such
provisions, decision or resolutions, shall be grounds for an action to
recover sums due, for damages, or for injunctive relief.
FIFTEENTH: That the dedication of the property to the Plan of
Apartment Ownership herein shall not be revoked, or the property removed
from the Plan of Apartment Ownership, or any of the provisions herein
amended unless all of the apartment owners and the mortgagees of all the
mortgages covering the units unanimously agree to such revocation, or
amendment, or removal of the property from the Plan by duly registered
instruments.
SIXTEENTH: That no apartment owner of a family unit may exempt
himself from liability for his contribution towards the common expenses
by waiver of the use or enjoyment of any of the general and/or
restricted common areas and facilities or by the abandonment of his
family unit.
SEVENTEENTH: All sums assessed by the Association but unpaid for the
share of the common expenses chargeable to any family unit shall
constitute a charge on such family unit prior to all other charges
except only (1) charge, if any, on the family unit for payment of
Government or municipal taxes or both, and (2) all sums unpaid on a
first mortgage of the apartment.
EIGHTEENTH: That all present or future owners, tenants, future
tenants or any other person that might use the facilities of the
building in any manner, are subject to the provisions of this Deed and
that the mere acquisition or rental of any of the family units of the
building or the mere act of occupancy of any of the said units shall
signify that the provisions of this Deed are accepted and ratified. The
respective family unit shall not be rented or given on leave and licence
or caretaker basis by the apartment owners thereof for transient or
hotel purposes, which shall be defined as (a) rental compensation or
compensation for any period less than thirty days, or (b) any rental or
if the occupants of the family unit are provided customary hotel or
boarding or lodging or paying guest services other than the foregoing
obligations, the apartment owners of the respective family units shall
have the absolute right to lease such unit or give it on leave and
licence or caretaker basis provided that said lease or leave and licence
or caretaker basis is made subject the covenants and restrictions
contained in this Declaration and further subject to the Bye?laws in
Exhibit B attached hereto.
NINETEENTH: That if the property, subject to the plan of Apartment
Ownership is totally or substantially damaged or destroyed, the repair,
reconstruction, or disposition of the property shall be as provided by
the Maharashtra Apartment Ownership Act, 1970.
TWENTIETH: That, where a family unit is sold by a mortgagee in
exercise of his powers of sale under an English mortgage or by a court
In execution of a decree in a suit brought by a mortgagee against the
owner of such family unit, then neither the mortgagee nor the purchaser
who derives title to the family unit at such sale, or his successors or
assigns shall be liable, for assessments by the association which became
due prior to the acquisition of title by such an acquirer, it being
understood, however, that the above shall not be construed to prevent
the Association of Apartment Owners from filing and claiming charge for
such assessments and enforcing same as provided by law, and that such
charge shall be subordinate to such mortgage.
TWENTY?FIRST: That in a voluntary conveyance of a family unit the
grantee of the unit shall be jointly and severally liable with the
Grantor for all unpaid assessments by the Association of Apartment
Owners, against the latter for his share of the common expenses up to
the time of the grant or conveyance without prejudice to the grantee's
right to recover from the Grantor the amounts paid by the grantee
therefor. However, any such grantee shall be entitled to a statement
from the Manager or Board of Managers of the Association, as the case
may be, setting forth the amount of the unpaid assessments against the
Grantor due to the Association and such grantee shall not be liable for
nor shall the family unit conveyed be subject to a charge for, any
unpaid assessments made by the Association of Apartment Owners against
the Grantor in excess of the amount therein, set forth.
TWENTY?SECOND: That the Manager or Board of Managers of the
Association shall obtain and continue in effect blanket property
insurance in form and amounts satisfactory to mortgagees holding first
mortgages covering family units, but without prejudice to the right of
the owner of a family unit to obtain individual family unit
insurance.
TWENTY?THIRD: That, insurance premium for any blanket insurances
coverage shall be a common expense to be paid by monthly assessment
levied by the Association of Apartment Owners; and that such payment
shall be held in a separate account of the Association and used solely
for the payment of the blanket property insurance premiums as such
premiums become due.
IN WITNESS WHERE OF Shri ???..has hereto set his hand
this...................day of 20 ???..Signed and Delivered By Shri
???..
1.
2.
Exhibit A
(Here specify Plans)
??????????????????????????
Exhibit B
Bye?laws of ???..condominium
CHAPTERI
1. Short title and application.?(l) These bye?laws
may be called the bye?laws of the???..Condominium.
(2) The provisions of these bye?laws apply to the
???..Condominium.
All mere acquisition or rental or taking or licence of any of the
family units (hereinafter referred to as "units") of the building or
mere act of occupancy of any of the said units will signify that these
bye?laws are accepted, ratified, and will be complied with.
2. Definitions.?(l) In these
bye?laws, unless the context required otherwise,
(a) "Act" means the Maharashtra Apartment Ownership Act, 1970;
(b) "Association" means the Association of all the Apartment Owners
constituted by such owners for the purpose of the ???..condominium;
(c) "Board" means a Board of Managers consisting of ???..persons, all
of whom shall be owners of apartment in the ???..Condominium;
(d) "Building" means the building located at and known as the
Condominium and includes the land forming part thereof;
(e) "Declaration" means the Declaration which the sole owner of the
building or all the owners of the building have executed and registered
as provided in section 2;
(f) "Majority of owners" means those owners holding 51 per cent of
the votes in accordance with the percentages assigned in the
Declaration;
(g) "Owner" or "apartment owner" means the person owning an apartment
in the???.. Condominium.
(h) "Section" means a section of the Act;
(i) "Unit" means a family unit in the???..Condominium;
(j) "Registrar" means the Registrar of Co?operative Societies.
(2) Words and expressions used in these bye?laws but not defined
therein shall have the meaning respectively assigned to them in the
Act.
3. Apartment ownership.?The building located at
???..street, City/town/village of ???..in the ???..District ???..known
as???..Condominium is submitted to the provisions of the Act.
4. Objects of Association.?(l) The
objects of the Association shall be
(a) to be and to act as the Association of Apartment Owners of the
building called ....................at ???.. (herein called "the said
building") who have filed their respective Declarations submitting their
apartments to the provisions of theAct;
(b) to invest or deposit moneys;
(c) to provide for the maintenance, repair and replacement of the
common areas and facilities by contributions from the apartment owners,
and if necessary, by raising loans for that purpose;
(d) to retain any rent or licence if possible, suitable portions of
the common areas to outsiders for commercial purposes, and to distribute
the common profits left after deducting the common expenses amongst the
apartment owners as common profits or accumulate the same for building
up a reserve fund;
(e) to provide for and do all and any of the matters provided in
sub?section (2) of section 16; to advance, with the consent of the
apartment owners, any short?term loans to any apartment owners in case
of any emergent necessity, and to provide for the repayment thereof in
lump sum or in instalments;
(g) to establish and carry on, on its own account or jointly with
individuals or institutions, educational, physical, social and
recreative activities for the benefit of the apartment owners;
(h) to frame rules, with the approval of the general meeting of the
Association and after consulting the competent authority and may
establish a provident fund and gratuity fund, if necessary, for the
benefit of the employees of the Association;
(i) to do all things necessary or and otherwise provide for their
welfare expedient for the attainment of the objects specified in these
bye?laws.
(2) The Association shall not act beyond the scope of its objects
without duly amending the provisions of these bye?laws for the
purpose.
5. Members of Association.?(1) All persons who have
purchased apartments in the ....................condominium and executed
respective Declarations under section 5 submitting their apartment to
provisions of the Act shall automatically be the members of the
Association, and shall pay the sum of one rupee as entrance fee and may
purchase at least one share of the face value of Rs. 100 each. Each
apartment owner shall receive a copy of the bye?laws on payment of one
rupee.
(2) Upon any apartment owner selling ?his apartment or absolutely
conveying the same by way of gift under his will or otherwise, the
purchaser or donee shall automatically become a member of the
Association, and shall be admitted as member on payment of the entrance
fee of one rupee. The shares held by an apartment owner shall be
transferred to the name of such purchaser or donee on payment of one
rupee to the Association.
(3) On the death of an apartment owner, his apartment shall be
transferred to the person or persons to whom he bequeaths the same by
his will, or to the legal representatives of his estate, in case he has
not made any specific bequest of the apartment. The name of the legatee
or the names of the legal representatives jointly shall be entered in
the register of apartment owners maintained by the Secretary for the
purposes of administration of the ???..Condominium as apartment owner or
joint apartment owners. Where any legatee is minor, the apartment owner
shall be entitled to appoint a guardian of such minor.
6. Joint apartment owners.?Where an
apartment has been purchased by two or more persons jointly, they shall
be jointly entitled to the apartment and the shares of the Association
shall be issued in their joint names, but the person whose name stands
first in the share certificate shall alone have the right to vote.
7. Holding of one share compulsory.?Every
apartment owner must hold at least one share of the Association
(joint apartment owners holding the shares jointly).
8. Disqualifications.?No apartment
owner shall be entitled to vote on the questions of the election of
members of the Board or the President, Secretary, Treasurer or any other
office bearer or be entitled to stand for election to such office if he
is in arrears of any sum due from him in respect of his contributions
for common expenses, for more than sixty days on the last day of the
year preceding the year in which the elections to the Board would take
place.
CHAPTER II
Voting, Quorum and Proxies
9. Voting.?Voting shall be on a percentage basis,
and the percentage of the vote of which the owner is entitled is the
percentage assigned to the family unit or units in the Declaration.
10. Quorum.?Except as otherwise provided in these
bye?laws, the presence in person of a majority of owners shall
constitute a quorum.
11. Votes to be cast In person.?Votes shall be cast
in person.
CHAPTER III
Administration
12. Powers and duties of
Association.?The Association will have the responsibility of
administering the Condominium, approving the annual budget, establishing
and collecting monthly assessments and arranging for the management of
the condominium in an efficient manner. Except as otherwise provided,
resolutions of the Association shall require approval by a majority of
owners, casting votes in persons.
13. Place of meetings.?Meetings of
the Association shall be held at suitable place convenient to the owners
as may from time to time be designated by the Association.
14. Annual meetings.?The
first annual meeting of the Association shall be held
on......................(date). Thereafter, the annual meetings of the
Association shall be held on the ???.. (1st, 2nd, 3rd, 4th) ???..
(Monday, Tuesday, Wednesday, etc.) of .................(month) each
succeeding year. At such meetings there shall be elected by ballot of
the apartment owners a Board in accordance with the requirements of
bye?law 23. The owners may also transact such other business of the
Association as may properly come before them.
15. Special meetings.?It shall be
the duty of the President to call a special meeting of the apartment
owners as directed by a resolution of the Board or upon a petition
signed by a majority of the owners and having been presented to the
Secretary, or at the request of the Housing Commissioner, or as the case
may be, the Registrar or any officer duly authorised by him in this
behalf. The notice of any special meeting shall state the time and place
of such meeting and the purpose thereof. No other business shall be
transacted at a special meeting except as stated in the notice without
the consent of four fifths of the owners present in person.
16. Notice of meetings.?It shall be the duty of the
Secretary to mail or send a notice of each annual or special meeting,
stating the purpose thereof as well as the time and place where it is to
be held, to each apartment owner, at least 2 but not more than 7 days
prior to such meeting. The mailing or sending of a notice in the manner
provided in this bye?law shall be considered notice served. Notices of
all meetings shall be mailed or sent to the Housing Commissioner, or as
the case may be, the Registrar.
17. Adjourned meetings.?If any meeting of owners
cannot be organised because a quorum has not attended, the owners who
are present may adjourn the meeting to a time not less than forty?eight
hours from the time the original meeting was called. If at such
adjourned meeting also, no quorum is present the owners present in
person being not less than two shall form a quorum.
18. Order of business.?The order of
business at all meetings of the owners of units shall be as follows:
(a) Roll call.
(b) Proof of notice of meeting or waiver of notice.
(c) Reading of minutes of preceding meeting.
(d) Reports of officers.
(e) Report of the Housing Commissioner, or the Registrar or of the
Officer duly authorised by them, if present.
(f) Report of Committees.
(g) Election of Board.
(h) Unfinished business, if any.
(J) New business.
CHAPTER IV
Board of Managers
19. Management of
Association.?The affairs of the Association
shall be governed by a Board.
20. Powers and duties of
Board.?The Board shall have the powers and
duties necessary for the administration of the affairs of the
Association, and may do all such acts and things as are not by law or by
these bye?laws directed to be exercised and done by the owners.
21. Other duties.?In addition to
duties imposed by these bye?laws or by resolutions of the Association,
the Board shall be responsible for the following, that is to say:
(a) care, upkeep and surveillance of the Condominium and the common
areas and facilities and the restricted common areas and facilities;
(b) collection of monthly assessment from the owners;
(c) designation, employment, remuneration and dismissal of the
personnel necessary for the maintenance and operation of the
Condominium, the common areas and facilities and the restricted common
areas and facilities;
(d) to provide for the manner in which the audit and accounts of the
Association shall be carried out;
(e) to inspect the accounts kept by the Secretary and/or the
Treasurer, and examine the registers and account books and to take steps
for the recovery of all sums due to the Association to sanction working
expenses, count cash balance and deal with other miscellaneous
business;
(g) to see that cash book is written up promptly and is signed duly
by one of the members of the Board authorised in this behalf;
(h) to hear and deal with complaints.
22. Manager.?The
Board may employ for the Association a manager at a
compensation determined by the Board to perform such duties and services
as the Board shall authorise including but not limited to the duties
listed in bye?law 21.
23. Election and term of off
Ice.?At the first annual meeting of the Association, the term
of office of two Managers shall be fixed for three years. The term of
office of two Managers shall be fixed at two years and the term of
office of one Manager shall be fixed at one year. At the expiration of
the initial term of office of each respective Manager, his successor
shall be elected to serve a term of three years. The Managers shall hold
office until their successors have been elected and hold their first
meeting. (if a larger Board is contemplated, the terms of office should
be established in a similar manner so that they will expire in different
years).
24. Vacancies.?Vacancies in the Board caused by any
reason other than the removal of a Manager by a vote of the Association
shall be filled by vote of the majority of the remaining Managers, even
though they may constitute less than quorum; and each person so elected
shall be a Manager until a successor is elected at the next annual
meeting of the Association.
25. Removal of Managers.?At
any regular or special meeting duly called, any one or more of
the Managers may be removed with or without cause by a majority of the
apartment owners and a successor may then and there be elected to fill
the vacancy thus created. Any Manager whose removal has been proposed by
the owners shall be given an opportunity to be heard at the meeting.
26. Organisation meeting.?The first
meeting of a newly elected Board shall be held, within ten days of
election at such place as shall be fixed by the Managers at the meeting
at which such Managers were elected and no notice shall be necessary to
the newly elected Managers in order to legally constitute such meeting,
provided a majority of the whole Board shall be present.
27. Regular meetings.?Regular
meetings of the Board may be held at such time and place as
shall be determined, from time to time, by a majority of Managers, but
at least two such meetings shall be held during each year. Notice of
regular meetings of the Board shall be given to each Manager, personally
or by mail, or telegraph, at least three days prior to the day named for
such meetings.
28. Special meetings.?Special
meetings of the Board may be called by the President on three days'
notice to each Manager, given personally or by mail, or telegraph, which
notice shall state the time, place (as hereinabove provided) and purpose
of the meeting. Special meetings of the Board shall be called by the
President or Secretary in like manner and on like notice on the written
request of at least three Managers.
29. Waiver of notice.?Before or at
any meeting of the Board any Manager, may, in writing, waive notice of
such meeting, and such waiver shall be deemed equivalent to the giving
of such notice. Attendance by a Manager at any meeting of the Board
shall be a waiver of notice by him of the time and place thereof. If all
the Managers are present at any meeting of the Board, no notice shall be
required and any business may be transacted at such meeting.
30. Quorum.?At all meetings of the
Board, one?third of the total strength of the Managers shall constitute
a quorum for the transaction of business, and the acts of the Managers
present at a meeting at which a quorum is present shall be the acts of
the Board. If, at any meeting of the Board, there be less than a quorum
present, the majority of those present may adjourn the meeting from time
to time. At any such adjourned meeting, any business which might have
been transacted at the meeting as originally called may be transacted
without further notice, provided there is a quorum present.
31. Fidelity bonds.?The
Board may require that all officers and employees of the
Association handling or responsible for Association funds shall furnish
adequate fidelity bonds. The premiums on such bonds shall be paid by the
Association.
CHAPTER V
Officers
32. Designation.?The principal
offices of the Association shall be a President, a Vice?President, a
Secretary, and a Treasurer, all of whom shall be elected by and from the
Board. The Board may appoint an Assistant Treasurer, and an Assistant
Secretary and such other Officers as in their judgment may be necessary.
(In the case of an Association of one hundred owners or less the offices
of Treasurer and Secretary may be filled by the same person).
33. Election of Officers.?The
Officers of the Association shall be elected annually by the Board at
the organisation meeting of each new Board and shall hold offices at the
pleasure of the Board.
34. Removal of
Officers.?Upon an affirmative vote of a
majority of the members of the Board, any officer may be removed, either
with or without cause, and his successor elected at any regular meeting
of the Board or at any special meeting of the Board called for such
purpose.
35. President.?The
President shall be Chief Executive Officer of the Association.
He shall preside at all meetings of the Association and of the Board. He
shall have all of the general powers and duties which are usually vested
in the office of President of an Association, including, 6ut not limited
to, the power to appoint committees from among the owners from time to
time as he may in his discretion decide to be appropriate to assist in
the conduct of the affairs of the Association.
36. Vice?President.?The
Vice?President shall take the place of the President and
perform his duties whenever the President shall be absent or unable to
act. If neither the President nor the Vice?President is able to act, the
Board shall appoint some other member of the Board so to act on an
interim basis. The Vice?President, shall also perform such other duties
as shall from time to time be imposed upon him by the Board.
37. Secretary.?The
Secretary shall keep the minutes of all meetings of the Board
and the minutes of all meetings of the Association; he shall have charge
of such books and papers as the Board may direct; and he shall, in
general, perform all the duties incidental to the office of
Secretary.
38. Treasurer.?The
Treasurer shall be responsible for Association funds and
securities and shall also be responsible for keeping full and accurate
accounts of all receipts and disbursements in books belonging to the
Association. He shall be responsible for the deposit of all moneys and
other valuable effects in the name and to the credit, of the Association
in such depositories as may from time to time be designated by the
Board.
CHAPTER VI
Obligation of the apartment owners
39. Assessments.?AII owners arc obliged to pay
monthly assessments imposed by the Association to meet all expenses
relating to the ???..Condominium, which may include an insurance premium
for a policy to cover repair and reconstruction work in case of
hurricane, fire, earthquake or other hazard or calamity. The assessments
shall be made pro?rata according to the value of the unit owned as
stipulated in the declaration. Such assessments shall include monthly
payments to a General Operating Reserve and a Reserve Fund for
Replacements.
40. Maintenance and
repair.?(1) Every owner must perform promptly,
all maintenance and repair work within his own unit, which if omitted
would affect the............................Condominium in entirety or
in a part belonging to other owners,
being expressly responsible for the damages and liabilities that his
failure to do so may endanger.
(2) All the repairs of internal installations of the unit such as
water, light, gas, power, sewerage, telephones, air?conditioner,
sanitary installations, doors, windows, lamps and all other accessories
belonging to the unit area shall be at the expense of the apartment
owner concerned.
(3) An owner shall reimburse the Association for any expenditures
incurred in repairing or replacing any common area and facility damaged
through his fault.
41. Use of family units?internal
changes.?(1) All units (except units on
the???..???.. ) shall be utilised for residential purposes only.
(2) An owner shall not make any structural modifications or
alterations in his unit or installations located therein without
previously notifying the Association in writing, through the President
of the Board if no Manager is employed. The Association shall have the
obligation to answer within thirty days and failure to do so within the
stipulated time shall mean that there is no objection to the proposed
modification, alteration or installation.
42. Use of common areas and facilities and
restricted common areas and facilities.?(l) An owner shall not
place or cause to be placed in the lobbies, vestibules, stairways,
elevators and other areas of Condominium and facilities of a similar
nature both common and restricted, any furniture, packages or objects of
any kind. Such areas shall be used for no other purpose than for normal
transit through them.
(2) The ???..Condominium shall have
???..elevators...........................devoted to the transportation
of the owners and their guess and.......................for freight
service, or auxiliary purposes. Owners and tradesmen are Impressly
required to utilise exclusively a freight or service elevator for
transporting packages, merchandise or any other object that may affect
the comfort or well?being of the passengers of the elevators dedicated
to the transportation of owners, residents and guests.,
43. Right of entry.?(1) An owner
shall grant the right of entry to the Manager or to any other person
authorised by the Board or the Association in case of any emergency
originating in or threatening his unit, whether the owner is present at
the time or not.
(2) An owner shall permit other owners, or their representatives when
so required to enter his unit for the purpose of performing
installations, alterations or repairs to the mechanical or electrical
services provided that requests for entry are made in advance and that
such entry is at a time convenient to the owner. In case of an
emergency, such right of entry shall be immediate.
44. Rules of Conduct.?(1)
No resident of the ???..Condominium shall post any
advertisement, or posters of any kind in or on the building except as
authorised by the Association.
(2) Residents shall exercise extreme care about making noises or the
use of musical instruments, radio, television and amplifiers that may
disturb others. Residents keeping domestic animals shall abide by the
municipal sanitary bye?laws or regulations.
(3) It is prohibited to hang garments, rugs, etc. from the windows,
balconies, or from any of the facades of the Condominium.
(4) It is prohibited to dust rugs, etc., from the windows, or to
clean rugs, etc., by beating on the exterior part of the said
condominium.
(5) It is prohibited to throw garbage or trash outside the disposal
installations provided for such purposes in the service areas. If such
installation is not provided, all garbage or trash shall be collected in
a vessel and thrown in the municipal dust?bin.
(6) No owner, resident or lessee shall install wiring for electrical
or telephone installation, television antennae, machines or
air?conditioning units, etc., on the exterior of the ???..Condominium or
that protrude through the wall or the roof of the Condominium except as
authorised by the Association.
CHAPTER VII
Funds and their Investments
45. Funds.?Funds may be raised by the Association in
all or any of the following ways, namely:
(a) by shares;
(b) by contributions and donations from the apartment owners;
(c) from common profits which shall form the nucleus of the Reserve
Fund;
(d) by raising loans, if necessary, subject to such terms and
conditions as the Association, with the approval of the Competent
Authority, may determine in this behalf.
46. Investment.?The Association may
invest or deposit its funds in one or more of the following:
(a) in the Central Co?operative Bank or in the State Co?operative
Bank; or
(b) in any of the securities specified in section 20 of the Indian
Trusts Act, 1882; or
(c) in any co?operative Bank other than those referred to in clause
(a) of this byelaw; or in any banking company approved for this purpose
by the Association.
47. Affiliation.?Should
there be any Federation of apartment owners in the locality in
which the???.. Condominium is situate, the Association may, after
consulting the competent authority, become a member thereof, and pay
the sums from time to time payable to such Federation
under the rules thereof.
48. Accounts.?(1) A banking account
shall be opened by the Association into which all moneys received on
behalf of the Association shall be paid, provided that the Secretary may
retain in his personal custody an amount not exceeding Rs. 100 for petty
expenses. All payment above Rs. 20 shall be made by cheques signed by
the Secretary, and one member of the Board.
(2) Each apartment owner shall have a pass book in which the
Secretary shall enter amounts paid to or received for his share in
receipts of profits from common areas and contributions towards common
expenses, and his share of assessment and other dues, if any, in respect
of his apartment.
(3) The Association shall on or before 31st July in each year publish
an audited annual financial statement in respect of the common areas and
facilities containing:
(a) the profit and loss account;
(b) the receipts and expenditure of the previous financial years;
and
(c) a summary of the property and assets and liabilities of the
common areas and facilities of the Association, giving such particulars
as will disclose the general nature of these liabilities and assets and
how the value of fixed assets has been arrived at.
(4) The audited financial statement shall be open to the inspection
of any member of the Association during office hours and in the office
of the Association and a copy thereof; shall be submitted to, the
competent authority not later than 15 August, every year.
(5) Every financial statement shall be accompanied by a complete list
of the apartment owners. There shall also accompany the financial
statement, a similar list of loanees. The financial statement shall
state up to what date profits and expenses of common areas are
included.
49. Publication of accounts and
reports.?A copy of the last financial
statement and of the report of the auditor, if any, shall be kept in a
conspicuous place in the office of the Association.
50. Appointment of
Auditor.?The Association shall appoint at its
general meeting, an auditor who shall audit the accounts of the
Association to be prepared by the Board as hereinbefore provided and
shall examine the annual return, and verify the same, with the accounts
relating thereto and shall either sign the same as found by him to be
correct, duly vouched and in accordance with law, or specially report to
the Association in what respect he finds it incorrect, un?vouched or not
in accordance with law.
51. Power of Auditor.?The Auditor
shall be entitled to call for and examine any papers or documents
belonging to the Association relating to the common areas and facilities
(including limited common areas and facilities) and common expenses and
shall make a special report to the Association upon any matter connected
with the accounts which appears to him to require notice.
CHAPTER VIII
Mortgagees
52. Notice to
Association.?An owner who mortgages his unit,
shall notify the Association through the Manager, if any, or the
President of the Board in the event there is no Manager, the name and
address of his mortgagee; and the Association shall maintain such
information in a book entitled "Mortgagees of Units".
53. Notice of unpaid
assessment.?The Association shall at the
request of a mortgagee of a unit report any unpaid assessments due from
the owner of such unit.
CHAPTER IX
Compliance
54. Compliance.?These bye?laws are
set forth to comply with the requirements of the Maharashtra Apartment
Ownership Act, 1970. In case any of these bye?laws conflict with the
provisions of the said Act, it is hereby agreed and accepted that the
provisions of the Act will apply.
55. Seal of the
Association.?The Association shall have a
common seal which shall be in the custody of the Secretary, and shall be
used only under the authority of a resolution of the Board and every
deed of instrument to which the seal is affixed shall be attested for or
on behalf of the Association by two members of the Board and the
secretary or any other person authorised by the Association in that
behalf.
CHAPTER X
Amendments to plan of Apartment Ownership
56. Amendments of bye?laws.?These bye?laws may be
amended by the Association in a duly constituted meeting for such
purpose and no amendment shall take effect unless approved by owners
representing at least 75 per cent of the total value of all units in
the???.. Condominium as shown in the Declaration.