FORM
OF DECLARATION BY THE SOLE OWNER OR OWNERS OF THE LAND FOR
SUBMITTING THE LAND AND BUILDINGS UNDER
MAHARASHTRA APARTMENT OWNERSHIP ACT, 1970 [CD1]
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.
[CD1]FORM OF DECLARATION BY THE SOLE OWNER OR OWNERS OF THE
LAND FOR
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