1.1 Name of Association: AVJ Heightss Apartment Owner Association

Transcription

1 MODEL BYE-LAWS OF AVJ Heightss Apartment Owner Association 1.0 SHORT TITLE & APPLICATION : 1.1 Name of Association: AVJ Heightss Apartment Owner Association 1.2 Registered office: C-602, GH-12/2, Zeta-1, Greater Noida, 1.3 Application: The provisions of these Bye-laws apply to all the Aapartment Owners & Residents of AVJ Heightss Flats Situated in GH-12/2, Zeta-1, Greater Noida, Distt. G.B. Nagar All residents as detailed in the Definition given below:- 2. DEFINATIONS: In these by-laws unless the context otherwise requires : 2.1 'Act' means the Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act 'Association' means the Association of all the apartment owners constituted by the such owners for the purpose of the administration of the affairs in relation to the Properties pertaining there to AVJ Heightss condominium. 2.3 'Board' means the Board of management consisting of 4 to 10 Office Bearers who shall be the owners of apartments in the AVJ Heightss condominium. 2.4 'Building' means the building located at GH-12/2, Zeta-1, Greater Noida, and known as the AVJ Heightss Condominium and includes the land forming part thereof; Page 1 of 31

2 2.5 'Majority' of owners means those owners holding 51 per cent of the votes. 2.6 'Owners' or 'Apartment Owners' means the person owning an apartment in the AVJ Heightss condominium; 2.7 'Section' means a section of the Act; 2.8 'Unit' means a Dwelling or Non-dwelling Unit in the AVJ Heightss condominium; 2.9 'Registrar' means the Registrar under the provisions of the Societies Registration Act. 3. OBJECTS OF ASSOCIATION : 3.1 The objects of the Association shall be to be and to act as the Association of Apartment owners of the building called AVJ Heightss (hereinafter called the said building) to invest or deposit money; to provide for maintenance, repair and replacement of common areas and facilities by contributions from the apartment owners and if necessary by raising loans for that purpose; to retain and rent out on license suitable portions of the common areas to outsiders for commercial purposes if all the members agree and give written consent after obtaining the permission of the concerned authority and to accumulate the same for making a reserve fund; to be used for major repairs of the building to provide for and do all or any of the matters provided in sub-section (7) of section to advance with the consent of the apartment owners, any short-term loan to any apartment owner(s) in case of any emergent necessity and to provide for the repayment thereof in lumpsum or in instalments; Page 2 of 31

3 3.1.7 to establish and carry on, on its own accord or jointly with individuals or institutions, educational, physical, social and recreate activities for the benefit of the apartment owners; to frame rules with the approval of the general meeting of the Association and after consulting the Competent Authority and to establish a provident fund and gratuity fund, if necessary for the benefit of the employees of the Association ; to do all things necessary or otherwise provide for their welfare expedient for the attainment of the objects specified in these bye-laws. 3.2 The Association shall not act beyond the scope of its objects without duly amending the provisions of these bye-laws for the purpose. 4. MEMBERS OF ASSOCIATION: 4.1 All persons who have purchased apartments in AVJ Heightss condominium and executed a deed of apartment, shall automatically be the members of the Association and will pay the entrance fee of one thousand rupees (1000/- INR). Each apartment owner shall receive a copy of the byelaws. MEMBERS: All persons above the age of 21 years to be eligible for the membership and may enroll as member by making written applications to be approved by the Executive Committee provided he/she Owns a house or resides in AVJ Heightss, GH-12/2, Zeta-1, Greater Noida, G.B. Nagar, U.P Has paid subscription after having been admitted according to the Bye-Laws of the Association. Page 3 of 31

4 4.2 Upon the sale, bequest or transfer of apartment, the purchaser of the apartment or the grantee or legatee or the transferee shall automatically become the member of the Association and shall be admitted as member on payment of the entrance fee of one thousand rupees (1000/- INR) 4.3 Cessation of Membership: A person shall cease to a member of the Association in following ways: By voluntary resignation; By Death; By insolvency or unsoundness of mind or by conviction by a court of law for any offence involving moral turpitude; By resolution of the general body; By resolution of the Executive Committee if a member is found by the committee to have acted in a manner inimical or prejudicial to the Association or its interests provided always that the members concerned shall be given reasonable opportunity of being heard If he/she is in arrears in the payment of subscription for six months, from the beginning of financial year or on the date of General Body meeting whichever is earlier, unless the period of his default in the payment of subscription is condoned by the Executive Committee on his payment of arrears Upon transfer or sale, the membership will cease. 4.4 Re-Admission: Any member who has one cease to be a member for arrears of subscription and who wishes to rejoin the Association may be allowed to do so on application in writing to the secretary and on payment of the arrears subject to the approval of the Executive Committee with an admission fee prevalent at that time. Page 4 of 31

5 5.0 JOINT APARTMENT OWNERS : Where apartment has been purchased jointly by two or more persons, they shall be jointly entitled to the apartment and the share certificates shall be issued in their joint names, but the person whose name stands first in the share alone have the right to vote. 6.0 HOLDING ONE SHARE COMPULSORY : Every apartment owner must hold at least one share of the Association. 7.0 DISQUALIFICATION : No apartment owner is entitled to vote on the election of members of the Board or President, Vice President, Secretary, Treasurer or any other office bearer or 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 election to Board would take place. 8.0 VOTING, QUORUM AND PROXIES : 8.1 Voting shall be on percentage basis, and the percentage of the vote to which the owner is entitled is the percentage assigned to the Dwelling unit or units in the Declaration. 8.2 Votes to be cast in person : Votes will be cast in person. Except as otherwise provided resolution of the Association shall require approval by a majority of owners casting votes in person or proxy. 8.3 Quorum : Five members including the office bearer shall form the Quorum, but no quorum will be needed for an adjourned meeting. Page 5 of 31

6 8.4 Fifty percent of the members or 20 members of the Association whoever is less shall form a quorum for Annual and Extra-ordinary General Body Meetings. 8.5 One fourth of the members or 15 whichever is less shall form quorum for emergent general body meeting. 8.6 No quorum will be required for adjourned meeting. 8.7 No member shall be entitled to vote at General Body Meeting if his annual subscription is in arrears on the date of the General Body Meeting and further a new member will be entitled to vote in a General Body Meeting, called for electing members of the Executive Committee, only if he has been a member of the Association for at least 30 days on the date of said meeting. 8.8 In the absence of the president, or the Vice-president, the members present shall elect one of the executive members to act as the president of the society. 8.9 All questions at the meeting of the General Body or the Executive Committee or the sub-committee shall be decided by the majority of votes present and in case of equality of votes, the president of the meeting will have second vote as casting vote. 9.0 ADMINISTRATION : 9.1 Powers and duties of Association The Association shall have the responsibility of administering the AVJ Heightss, condominium, approving the annual budget, establishing and collecting monthly assessments and arranging for the management of the condominium in an efficient manner. 9.2 Place of Meetings Meetings of the Association shall be held at a suitable place convenient to the owners as from time to time to be fixed by the Association. Page 6 of 31

7 9.3 Annual Meetings The first meeting of the Association shall be held on 02/04/16 Thereafter the annual meetings of the Association shall be held on such date as the Association may decide. At such meetings Board of Management shall be elected by ballot of the apartment owners 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. 9.4 Special Meetings It shall be the duty of the President to call a special meeting of 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 Competent Authority or as the case may be, 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 two-third owners present in person in the meeting. 9.5 Notice of Meetings It shall be the duty of the Secretary to mail or send 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 two days but not more than seven days prior to such meetings. Notices of all such meetings shall be mailed or sent to the competent authority, or the registrar as the case may be. 9.6 Meeting of the Executive Committee: Page 7 of 31

8 9.6.1 A meeting of the Executive Committee of the Association shall be held at least once a month. Meeting of the Executive Committee may be called by the Secretary with the Approval of the president, or on requisition to the President or Secretary signed by the at least five members of the Executive Committee. When a meeting is called on requisition by members they will send the copy of resolution or resolutions they intend to move, along with the requisition Ordinary five day notice will be given for holding a meeting of the Executive Committee, but an emergent meeting may be called at shorter notice, for which there is no limit of time at the discretion of the president The accidental omission to give notice, to or the nonreceipt of notice by any members shall not invalidate the proceedings at any meeting. The rules for the meeting of the Executive Committee shall also apply to the meetings of the subcommittee or Managing Committee unless rules are framed for the same. 9.7 Functions & Powers of the Executive Committee: To do all or any act to establish and manage any institution in furtherance of the aims & objectives of the Association To acquire by purchase or on lease or in exchanges by way of gift or other-wise hold, sell, transfer mortgage and manage any property for and on behalf of the Association and to borrow money without the security for the benefit of the Association. All the property of the Association shall be under the management of the Executive Committee To act as the Chief Executing Body representing the Association in all matters. Page 8 of 31

9 9.7.4 To appoint, punish, suspend, dismiss or discharge any employee of the Association or of any of its departments or sections To manage, control,(financially and administratively) and supervise any activity,department or institution run or affiliated to the Association either directly or through a sub committee or a managing committee of as any members as it considered necessary The Proceedings, resolutions and acts of the Aforesaid committees shall be subject to the approval and confirmation of the Executive Committee of the Association unless otherwise directed by a Executive Committee by a formal resolution in respect of any such committee or sub-committee. It will be open to the Executive Committee of the Association to, remove any member of such committees and or rescind, set aside, modify or alter any act, proceedings or resolution passed by such committee or sub-committees. Members of Such committees or sub-committees shall be appointed by the Executive Committee of the Association To prepare the annual budget of the Association and various institution under it and to submit to the General Body for its approval. To examine the annual accounts and to sanction such other unforeseen and essential expenditure as may be deemed necessary in anticipation of sanction of revised or supplementary budget that may later be presented as soon as possible before the General Body To institute, conduct compromise, refer to arbitration defend or abandon legal proceedings in respect of claims or against the Association or officers of the Association.Such act shall be done on behalf of the Association,by the secretary or any other person authorized by the committee for the purpose To recommended to the General Body for suspension or removal of any office-bearer of member of the Executive Committee of the Association. Before any member or office- Page 9 of 31

10 bearer is removed, an opportunity will be given to him that why he should not be removed To call, convene Annual, Ordinary, EmegentAnd Extraordinary meetings of the General Body and for election of the members of the Executive Committee To enroll members of the Association.It will be open to Executive Committee to refuse to admit any person to the membership without assigning any reason therefore To submit to the General Body the Annual report and Statement of accounts To frame rules and regulations for the proper and efficient working of the Association and its institutions and for regulating its own business and that s of it different activities,departments and sections generally to conduct the business of the Association, The Executive Committee may delegate all any of its powers to the president or to sub-committee, except the power to make rules and power to pass the budget. 9.8 General Body: The board of management of association shall be in line of the General Body of Members for the purpose of these Rules and Regulations Function and Power of General Body: Meeting of the General Body of the Association shall be held half yearly at such time and places as decided by the Executive Committee. These shall transact the following business: To consider and pass the annual report of the Association and the Annual Budget. Page 10 of 31

11 To consider and pass the annual accounts of the Association with the remarks of the Executive Committee, If any To elect new office bearers and members of the new Executive Committee through a secret ballot as per rules contained in the Annexure; To appoint an auditor who shall not be on the Executive Committee for auditing of accounts of Association during the year To add, amend, alter or delete any of the articles of the constitution; To transact any other business which may be laid before it by the Executive Committee or by any member with prior permission of the President. 9.9 Extra-Ordinary General Body Meeting: An extra-ordinary general body meeting may be called any time on a requisition to the Executive Committee from at least 30 percent of the membership of the Association to transact any particular important business which cannot be postponed till the general body meeting Emergent General Body Meeting: An Emergent General Body Meeting may be called by the Executive Committee When any emergent business has to be transacted Notice of General Body Meeting: At least 15 days notice shall be given for Annual General Body Meeting. In case of other meetings of the General Body ordinarily 15 days notice shall be given but shorter notice may be given, not less Page 11 of 31

12 than 2 days, at the discretion of the Executive Committee.The accidental commission to supply any information or to give any notice, or non-receipt of any information or notice by any members shall not invalidate the proceedings at such meetings, i.e. all meetings of the General Body 9.12 Constitution of the Sub-Committee : The Executive Committee may nominate various subcommittee to conduct the works and programmes such arranging the various social and cultural functions maintenance of gardens, parks play grounds and plantations to pursue civic amenities and general welfare of residents, These subcommittees will be headed by an Executive Member and consists of 2/3 members of the Association A separate Sub-committee shall be appointed for each park Such Sub-committee shall arrange their own funds for maintenance of their parks by raising contribution from the residents living around and near by the park BOARD OF MANAGEMENT : 10.1 Management Of Association : The affairs of the association shall be governed by a Board. The Board of Management shall comprise of neither less than 4, nor more than 10 persons to be constituted and elected by the members by simple majority in the General Body Meeting. The principal office bearer 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 Secretary and an Assistant Treasurer and such other Office bearer as the Board may consider necessary. Page 12 of 31

13 10.2 Executive Committee : The Executive Committee shall consist of 35 members including the Male & Female executives of the Association, consisting of President, Vice-president, Secretary, Joint secretary, Treasurer & Joint Treasurer No member shall be eligible for the subsequent election to the Executive Committee If he has not been a member of the Association for one full year, announcement of election When elections are due, the Executive Committee will appoint any member of the Association as Returning officer to conduct the elections, as per the Elections rules framed for the purpose Any member who does not attend the three consecutive meetings of the Executive Committee without a reasonable cause, shall cease to be a member of the committee but shall be re-election.all vacancies among the office bearers shall be filled up by nomination form from the list of Executive Committee members by the president on ad-hoc basis till the elections The outgoing office bearers and members of the Executive Committee shall continue to hold office, notwithstanding the expiry of two year until the new elections haven taken place and the new members have taken over charge from them No member can seek election for the post of officebearer held by him for more than two terms consecutively President : The President shall be the Chief Executive Officer of the Association. He shall preside over all meetings of the Association and of the Board. He shall have all the general powers and duties which are usually vested in the office of the President of an Association, Page 13 of 31

14 including the power to appoint committees from amongst the owners from time to time Vice-President : In the absence of the President the Vice-President shall perform the duties of the President and in case both the President and the Vice-President are absent, the Board shall appoint some other member of the Board to act as President on an interim basis. The Vice- President shall also perform such other duties as may from time to time assigned to him by the Board Secretary : The Secretary shall keep two separate minutes books, one for the Association of the Apartment Owners and the other for the Board, pages of each of which shall be consecutively numbered and authenticated by the President of the Association of Apartment Owners and shall record in the respective minutes books, the resolutions adopted by the Association of Apartment Owners or the Board, as the case may be. He shall have charge of such books and papers as the Board may direct and he shall perform all duties incidental to the office of the Secretary To organize direct and plan out the work of Association To call meetings of the Executive Committee and General Body with the approval of president and Board of Management respectively and keep a record of the proceedings of the meetings To maintain a list of members with their addresses and carry on correspondence on behalf of the Association To have custody of the records and files of the Association To work in collaboration with office bearers of the Association. Page 14 of 31

15 10.6 Joint Secretary : The joint Secretary will help the secretary and carry out such duties and functions as may be assigned to him/her by the Board of management /Secretary Treasurer : The Treasurer shall be responsible for Association funds and securities and shall also keep full and accurate accounts of all receipts and disbursements in the books. He/she will place before the Governing Body details of receipt and payments in every meeting as required under a distinct agenda.the treasurer shall make collections of dues from members of the Association and give receipts or on behalf of the Association.The treasurer shall not make any payment until and unless the expenditure is approved by the President Or Secretary Joint-Treasurer : The joint treasurer will help the treasurer and carry out such duties and functions as may be assigned to him/her by the Secretary/Treasurer of the association Manager : The Board may employ for the Association a manager at a compensation determined by the Board to perform such duties as the Board may authorize Powers and Duties of the Board : The Board shall have powers and duties necessary for the administration of the affairs of the Association Other Duties : In addition to the duties imposed by these bye-laws or by resolution of the Association, the Board shall be responsible for the following : Page 15 of 31

16 maintenance, repair and replacement of the common areas and facilities Collection from apartment owners share of common expenses resignation and removal of persons employed for the maintenance, repair and replacement of common areas and facilities to provide for the manner in which the audit and account of the Association shall be carried out to inspect the accounts kept by the Secretary/Treasurer and examine the registers and account books and to take steps for the recovery of all sums due to the Association to see that cash book is written up promptly and is signed daily by one of the members of the Board to specify the times at which and the manner in which the annual general meetings and special general meetings of the Association shall be held and conducted Election and term of office : The annual general meeting of the Association, to be held in the first quarter of each financial year, shall elect neither less than 4, nor more than 10 Members including the President, Vice President, Secretary, and Treasurer from Members of the Association. Provided that no member shall be eligible for election if he has been found guilty of misusing the post during his previous term. The term of office of the office-bearers of the Board shall be one year from the date of assuming office and they will be eligible for re-election. Provided that a person can not hold the same post continuously for more than 2 years An arrangement shall be made by the board to ensure that one third of members of the board retire annually The office bearers shall hold office until their successors have been elected and hold their first meeting. Page 16 of 31

17 10.13 Vacancies : The vacancies in the Board caused by any reason other than the removal of a office bearer by a vote of the Association shall be filled by vote of the majority of the remaining office bearers, even though they may constitute less than a quorum and each person so elected shall be a office bearer until a successor is elected at the next annual meeting of the Association Removal of office bearers : At any regular or special meeting duly called,any one or more of the Office bearers may be removed with or without cause by amajority of apartment owners and a successor may then and there be elected to fillthe vacancy thus created. Any Office bearer whose removal have been proposedby the owners shall be given an opportunity to be heard at the meeting Organization of meeting : The first meeting of a newly elected Board shall be held within ten days of election at such place as may be fixed by the office bearers at the meeting at which such office bearers were elected and no notice shall be necessary to the newly elected office bearers in order legally to constitute such meeting, provided a majority of the members of the Board shall be present Regular Meetings : Regular meeting of the Board may be held at such time and such place as may be determined from time-to-time by a majority of office bearers but at least two such meetings shall be held during each year. Notice of regular meetings of the Board shall be given to each office bearer personally or by mail at least three days prior to the date of such meeting Special Meetings : Special meetings may be called by the President on three days' notice to each office bearer and notice of such meeting may be given Page 17 of 31

18 personally to each office bearer. Special meetings of the Board shall be called by the President or the Secretary on a written request of at least three office bearers Waiver of notice : Before any meeting of the Board any office bearer, may in writing waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice Quorum : In all the meetings of the Board l/3rd of the total strength of the office bearers shall constitute a quorum. If at any meeting of the Board there be less than a quorum present the majority of those present may adjourn the meeting, the members present in person being not less than 3 shall form a quorum and the business which might have been transacted at the meeting originally called may be transacted without further notice 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 premium on such bonds shall be paid by the Associations. 11. OBLIGATION OF THE APARTMENT OWNERS : * (Applicable only after legal Handover of Common Areas & Facilities) 11.1 Assessments : All the owners are obliged to pay monthly assessments imposed by Association to meet all expenses related to the AVJ Heightss condominium. The assessment shall be made on the value of the unit Maintenance and Repairs : Every owner must perform all maintenance and repair work within his own unit. Page 18 of 31

19 All the repairs of internal installations of the unit such as water, light, gas, power, sewerage, telephone, air-conditioners, sanitary installations, doors, windows, lamps, and all other accessories, shall be at the expense of apartment owner concerned The Owner shall re-imburse the association for any "expenditure" incurred in repairing or replacing any common area and facilities damaged due to his fault The apartment owner shall obtain police verification report of the proposed tenant from the concern police station while letting out the apartment on rent to ensure that the proposed tenant is not a criminal or troublesome Major repairs : If a building requires major repairs for its structural safety or other sufficient reason, a detailed estimate thereof shall be got prepared by the association through an engineer to be appointed by the Board and thereupon, after the approval of the estimate by the Board, the members shall contribute their share for carrying out such repairs Use of Dwelling Units : Internal Changes All the Units shall be utilized for residential/approved purposes only An owner shall not make any structural modifications or alterations in his unit or installations located therein, without notifying the association in writing and obtaining the requisite permission of the prescribed sanctioning authority. The Association shall have the obligation to answer within thirty days and failure to do so shall mean that there is no objection to the proposed modification, alteration or installation No owner shall undertake any work that affects the external facade of the building from any angle i.e. covering of balconies and terraces, change of colour,etc No owner shall undertake any work that affects the structure of the building. Page 19 of 31

20 No owner shall undertake any work that, result in encroachment of common areas, result in damage or disturbance of common areas, adjacent upper or lower floors. If any of the above changes are effected by any owner, he will make them good at his own cost, failing which the Association is entitled to effect recovery of the cost of rectification from him Transfer of an Apartment : The transfer of an apartment shall be made by a registered deed of an apartment. The transferor shall produce no dues certificate from the association of the apartment owners at the time of the transfer of the apartment; Provided that if the certificate is not granted and its refusal is not communicated within 15 days after the receipt of the application for its grant, it shall be deemed that the No Dues Certificate has been granted by the Association Provided further that the transferor of an apartment owner shall pay ½ percent of the transfer value to the association for transferring his apartment to his prospective buyer and such amount shall be kept in a fund by the association for being used in future for the major repairs of the building Use of Apartments, Common Areas and Facilities and Limited Common Areas and Facilities An apartment owner of a residential unit shall use it for only residential purpose and similarly, an apartment owner of a non-residential unit use it for nonresidential purposes alone No apartment owner would 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 limited common areas and facilities, or by the abandonment of his dwelling unit An owner shall not place or cause to be placed in the lobbies vestibules, stairways, elevators and other areas of 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. Page 20 of 31

21 If an apartment owner causes any obstruction in the use of the common area or facility by reason of creating an obstruction by putting his furniture and packages etc., and fails to remove it despite a written request of the Association, the Association may approach the competent authority for its removal who will take an appropriate action in accordance to the provisions of law If lift and/or elevators are provided in the building, as part of the common areas and facilities, they shall be used by the owners of the apartment and/or their tenants and/or any one claiming under them for the transportation of the owners, the tenant and their guests as also the employees of the owners, their tenants and of the management and heavy article or any other articles, the transportation of which in the lift or elevator along with the owners, tenants or their guests or the employees shall cause discomfort or inconvenience to other users of the lift or the elevators, shall be transported only with the lifts or elevator are not in use by other users; provided this restriction shall not apply, if an elevator or lift is provided for the exclusive transportation of articles, packages, merchandise and such other objects In non-residential buildings, the association of apartment owners may manage the parking space by earmarking it for the apartment owners and also separately reserving parking space for the vehicles of the visitors. The association may also levy a parking fee from the visitors to meet the expenses for the management of the parking space of the visitors The apartment owners shall use their apartments in a manner which does not spread any smell while cooking food etc. from their apartment to cause any irritation or annoyance to their neighboring apartment owners The convenient shops within the building shall be regulated in a manner that no inconvenience is caused to the apartment owners. Such convenient shops should be to cater the needs of the apartment owners and not the outsiders The association of the apartment owners may frame its scheme and regulations for admitting the members of a club situated within the building and it may also frame regulations for Page 21 of 31

22 permitting the guest of the members. Such scheme and the regulations would bind the apartment owners as well as the agency which may manage the club If the terrace of a building / block is declared as common area and facility by the promoter, the association shall maintain it and its maintenance expenses shall be part of the common expenses of the building. Provided that if the terrace or its part is declared by the promoter as limited common area or an independent area, the beneficiary /holder of such terrace or its part shall be bound to keep such terrace in good condition and water proof, failing which the association shall maintain it at its own expense and recover it from the concerned defaulting beneficiary /holder of the terrace Right of Entry : An owner shall grant the right of entry to the office bearer or to any other person authorized by the Board in case of emergency whether the owner is present at the time or not An owner shall permit other owners or their representatives when so required to enter his unit for the use of performing installation and 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, but, in case of emergency, such right of entry shall be immediate Rules of Conduct : No resident shall post any advertisement or poster of any kind in or on the building, except as authorised by the Association The residents shall exercise extreme care about making noises or the use of musical instruments, radios, television and amplifiers etc. that may disturb others. Residents keeping pets shall abide by the municipal sanitary bye-laws or regulations It is prohibited to hang garments, rugs etc. from the windows, balconies or from any of the facades. Page 22 of 31

23 11.7 Damages: It is prohibited to throw garbage or trash outside the disposal places provided for such purpose in the service areas. If such place is not provided, all garbage or trash shall be collected in a vessel and thrown in the municipal dustbin No owner, resident or lessee shall install wiring for electrical or telephone installation, television antenna, machines or air-conditioning units etc.,on the exterior of the building except as authorised by the Association. Any damages due to the negligence, misuse or faults on the part of an apartment owner, family member (s), or guest (s) shall be the responsibility of the apartment owner. The Association shall charge the apartment owner for such repairs, an amount to cover the cost of time, labour, materials and/ or outside contractors. The charge must be paid by the apartment owner within 30 days of the demand of the charge Unlawful activities: The apartment owner, his family or guest (s) shall not engage in any act intended to facilitate criminal activity, including act of violence in the apartment, building or common areas Visitors /Guests: The visitors / guest (s) of the apartment owner are to be refrained from any conduct which disturbs the privacy and quiet enjoyment of the other apartment owners or occupants. The apartment owners shall be responsible for the actions of their guest (s) who would be expected to abide by all rules and regulations at all times without any exceptions FUNDS AND THEIR INVESTMENTS : 12.1 Management of Funds : Funds may be raised by the Association in all or any of the following ways:- Page 23 of 31

24 One time membership fee Rs 1000/- by each member Membership contribution will be Rs 50/-per month payable half yearly in advance in case of all resident members Voluntary contribution & donation by any member from common profits which shall form the nucleus of the reserve funds 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 Special contribution for special purpose as may be decided by the Executive Committee, from local or outside residents or non political organizations Investment : The association may invest or deposit its funds in one or more of the following: in the Central Co-operative Bank or in State Co-operative Bank in any of the securities specified in section 20 of the Indian Trust Act, in any Co-operative Bank other than referred to in clause (12.2.1) or in any Banking Company approved for this purpose by the Association Affiliation : The Association shall become a member of a federation of the Associations of Apartment Owners and shall pay the subscription to it from time to time and shall also follow the instructions and directions issued by such federation. Page 24 of 31

25 12.4 Accounts: The Association shall open a banking account and deposit the money received on behalf of the Association Accounts of the Association shall be opened in any schedule bank situated in Greater Noida and maintained by the treasurer All the income of the Association shall be deposited in the account within 7 days of the receipt The Secretary may retain in his personal custody an amount not exceeding Rs /- for petty expenses. All payments above Rs. 2500/- shall be made by cheque, signed by the Secretary and one member of the Board.For cheque above Rs 5000/- all the above three office bearers shall be required to affix their signatures The treasurer shall maintain an imprest up to Rs 1000/-.The imprest can be replenished by drawing money from the bank when its fall short of that money with the approval of the secretary In urgent cases,the secretary may sanction an expenditure not exceeding Rs 5000/-.In exceptional and urgent case involving expenditure exceeding Rs 5000/-but less than 10000/-,the secretary shall obtain the approval of President / Vice-President Each apartment owner shall have a passbook 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 the assessment and other dues if any, in respect of his apartment Financial Year: The financial year of the Association will be from April 1st to March 31st i.e. the calendar year. Page 25 of 31

26 12.6 Statement Publication : The Association shall on or before the 31st day of July in each year publish an audited financial statement in respect of the common areas and facilities containing the profit and loss accounts the receipts and expenditure of the previous financial year 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 have been arrived at The audited financial statement shall be opened to the inspection of any member of the Association during office hours and a copy shall be submitted to the Competent Authority not later than the 15th day of August of every year Every financial statement shall be accompanied by a list of the apartment owners and the similar list of loanees The association shall send a summary of its audited financial statement to its every apartment owner within a period of 15 days from the date of the publication of its audited financial statement referred to in sub-clause (12.6) above 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 Appointment of Auditors : The Association shall appoint at its general meeting an auditor who shall audit the accounts of the Association to be prepared by the Board. Page 26 of 31

27 12.9 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 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 MORTGAGES : 13.1 Notice to Association : If an owner mortgages his unit, he shall notify the Association through the office bearer or President of the Board, the name and address of the mortgagee and the Association shall maintain such information in a book entitled "Mortgagees of Units" Notice of un-paid Assessments : The Association shall, at the request of a mortgagee of a unit, report any un-paid assessment due from the owner of such unit COMPLIANCE : These bye-laws are set forth to comply with the requirement of the Act. In case any of these bye-laws conflict with the provisions of the Act it is hereby agreed and accepted that the provisions of the Act shall prevail Seal of the Association : The Association shall have a common seal which shall be in the custody of the Secretary and shall be used under the authority of a resolution of the Board and every Deed of Instrument to which seal is affixed shall be attested for and on behalf of the Association by two members of the Board and the Secretary or any other person authorized by the Association. Page 27 of 31

28 14.2 Power of competent authority to inspect the building : The competent authority, suo motu or on an application, may make an inspection of the building to which the Act applies. A memo of inspection may also be prepared by the competent authority about the status of the building including the common areas and facilities and, thereupon, the competent authority may take such action in respect thereto as may be deemed necessary by him AMENDMENTS TO PLAN OF APARTMENT OWNERSHIP 15.1 Amendment 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 two third of the total number of the units in the building with the prior approval of the competent authority Amendment of Constitution: The constitution of the Association shall be amended by two third majorities of members of the Association present in the meeting of the General Body, called specifically for the purpose for amendment, in the following ways: By a resolution of the Executive Committee recommend in its, additions, amendments alteration or deletion of any of rules and regulations of the Association or/and By written resolution from at least 100 members of the Association to the Executive Committee 3 day in advance to the day of the said General Body meetings or/and By written requisition from at least 30 members present in the General Body. Page 28 of 31

29 16.0 LEGAL SUITS : The Association may sue or be sued in the name of President on behalf of the Association INDEMNITY TO THE OFFICE BEARER : The office bearers of the Association shall be indemnified out of the assets of the Association and against all suits, proceedings, causes, charges, losses, damages, and expenses which they shall or may incur or sustain by the reasons of the act or committed in or about the execution of their duties except such (if any) as they shall or may incur or sustain or through their own willful neglect or default respectively and no such officer shall be answerable for the act, receipts, neglect, or defaults of any other member or for solvency or integrity of any member or other persons with whom any moneys or effects belonging to the Association may be lodged or deposited for the safe custody or for insufficiency or any security upon which any money of the Association shall be invested or any other loss or damage due to any such causes as aforesaid or which may result from the execution of his office unless the same shall happen through willful neglect or default of such officer ELECTION OF MEMBERS OF EXECUTIVE COMMEITEE : 18.1 Returning Officer : To be appointed by the Executive Committee before the elections Unsold inventory of any flat will be disqualified from any voting Schedule for Elections : Returning officer will declare date for sponsoring the candidates, for withdrawal of names, draw the final list of the contesting candidates, and arrange for the ballot paper. He shall declare the dates for elections. The entire schedule of the election will be circulated to each members of the Association well in advance. Page 29 of 31

30 Any person who is a member of the Association for at least one year preceding the date of the meeting of the General Body called for purpose can contest for the election as the member of the Executive Committee He or she should not have been earlier expelled /debarred from the membership of the Executive Committee for any reason whatsoever If any time any such person had been expelled/ debarred from the Executive Committee or had resigned on his own, he/she will furnish proof that his expulsion had been duly condoned by the Executive Committee thereafter and/or he/she had withdrawn his/her registration, had been duly accepted by the Executive Committee The prospective Candidates will give a declaration in writing that he/she fulfills all the requisites conditions for standing for elections to the Executive Committee and will be able to devote sufficient time in the security activities of the Association He should not have held the same position as office bearer for two terms consecutively Sponsoring of Candidates : The name of any member of the Association who fulfills the above conditions may be sponsored by at least two other members of the Association who are other-wise eligible to vote that is they have enrolled themselves as members of the Association at least thirty days prior to the meeting of the General Body where election to the Executive Committee is to be held The Decision of the returning officer about the validity of the person s candidature shall be final Voting rights will rest with persons having cleared all the dues of the Association. Page 30 of 31

31 18.4 Conduct of Elections : Election by Secret Ballot will be conducted by the General Body Results : The Returning officer in consultation with the President will declare the result. Decision of the Returning Officer will be Final. Thanks & Regards, (...) Seceratory, AVJ HEIGHTSS (AOA) - END - Page 31 of 31