Section 23(3) in The Bihar Apartment Ownership Act, 2006
(3)The model bye-laws framed by the Competent Authority or the bye-laws framed by Association of Apartment Owners in case no model bye-law is framed under sub-section (2) it shall provide for the following, among other matters namely-(a)the manner in which the Association of Apartment Owners is to be formed;(b)the election from among Apartment owners, of a Board of Management by members of the Association of Apartment Owners;(c)the number of Apartment owners, constituting of a Board, the composition of the Board and that one-third of members of the Board shall retire annually;(d)the powers and duties of the Board;(e)the honorarium, if any, of the members of the Board;(f)the method of removal from office of the members of the Board;(g)the powers of the Board to engage the services of a Manager;(h)delegation of powers and duties of the Board to such Manager;(i)method of calling meetings of the Association of Apartment Owners and the number of members of such Association who shall constitute a quorum for such meetings;(j)election of a President of the Association of Apartment Owners from among the Apartment owners, who shall preside over the meetings of the Board and of the Association of Apartment Owners;(k)election of a Secretary to the Association of Apartment Owners from among the Apartment owners, who shall be ex-officio member of the Board and shall keep two separate minutes books, one for the Association of 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;(l)election of a Treasurer from among the Apartment owners, who shall keep the financial records of the Association of Apartment Owners as also of the Board;(m)maintenance, repair and replacement of the Common areas and facilities and payment therefor;(n)manner of collecting from the Apartment owners or any other occupant of Apartments, share of the Common expenses;(o)resignation and removal of persons employed for the maintenance, repair and replacement of the Common areas and facilities;(p)restrictions with regard to the use and maintenance of the Apartments and the use of the Common areas and facilities, as may be necessary, to prevent unreasonable interference in the use of each Apartment and of the Common areas and facilities by the several Apartment owners;(q)any matter which may be required by the Competent Authority to be provided for in bye-laws for the proper or better administration of the property;(r)such other matters as are required to be, or may be provided for in the bye-laws.
