Section 5 in West Bengal Apartment Ownership Bye-laws, 1974
5. Constitution of a Board and its functions.
(1) There shall be a Board of Managers in respect of each Association to carry on and manage the affairs and business of the Association and to exercise all such powers of the Association as are not required to be exercised by the Association in a general meeting.(2)The number of Managers of a Board shall be equal to one-third of the number of the apartment owners of the property concerned but in no case it shall be less than three or more than twenty-four.Explanation(a)Where, in a property, a person owns more apartments than one, he shall, for the purpose of this clause, be deemed to be one apartment owner.(b)While computing, for the purpose of this clause, one-third of the number of apartment owners of a property, a fraction exceeding one-half shall be deemed to be one whole.(3)Within fifteen days of formation of an Association under clause (2) of bye-law 3, the apartment owner presiding over the general meeting referred to in the said clause shall serve notice upon each member of such Association fixing therein the date (not before fifteen days from the date of issue of such notice) on which and the time and place at which a special general meeting shall be held for election of the Managers of the Board of such Association by secret ballot in such manner as may be decided at the said meeting.(4)The service of the notice referred to in clause (3) shall be effected by personal service or through letter sent by registered post.(5)After the Managers of the Board are elected as aforesaid, the Board shall, within ten days of the date of election of its Managers, hold its first meeting and elect its President who shall forthwith forward the names of the President and of the Managers of the Board in Form No. 3 to the Competent Authority, which shall cause those names to be entered in the relevant register to be maintained in its office for the purpose.
