Section 16 in The Orissa Apartment Ownership Act, 1982
16. Bye-laws and their contents.
(1)The administration of every property shall be governed by the bye-laws, a true copy of which shall be annexed to the declaration. No modification of or amendment to the bye-laws shall be valid, unless set forth in an amendment to the declaration, and such amendment is duly recorded and a copy thereof is duly filed with the competent authority.(2)The bye-laws shall provide for the following, amongst other matters, namely :(a)the manner in which the association of apartment owners is to be formed, the selection of a Board of Managers from among the apartment owners, the number of persons constituting the Board, the number of members of such Board to retire annually the powers and duties of the Board, method of removal from office of members of the Board, the powers of the Board to engage the services of a Secretary or Manager and specifying which of the powers and duties granted to the Board by this Act or otherwise may be delegated by the Board to such, Secretary or Manager;(b)manner of calling meetings of the apartment owners and the number to constitute a quorum;(c)election of a President from amongst the members of the Board of Managers who shall preside over the meetings of such Board and the Association of Apartment Owners;(d)election of a Secretary who shall maintain a minute book wherein resolution shall be recorded;(e)election of a Treasurer who shall keep the financial records and books of accounts;(f)creation of an Association Fund;(g)maintenance, repair and replacement of the common areas and facilities and payments therefor;(h)manner of collecting from the apartment owners their share of the common expenses;(i)designation and removal of persons employed for the maintenance, repair and replacement of the common areas and facilities;(j)the method of adopting and amending administrative rules and regulations governing the details of the operation and use of the common areas and facilities;(k)such restrictions on the requirements respecting the use and maintenance of the apartments and the use of the common areas and facilities not set forth in the declaration, as are designed to prevent unreasonable interference with the use of their respective apartments and of the common areas and facilities by the several apartment owners;(l)the percentage of the votes required to amend the bye-laws;(m)provisions enabling the Board of Managers to retain certain areas of the building and lease to non-residents for commercial purposes and for distribution of resulting proceeds to the apartment owners as income or application thereof in reduction of their common charges for maintaining the building;(n)any other matter not inconsistent with the provisions of this Act relating to the audit and accounts and administration of the property and annual and special general meetings, annual reports and the like.
