| 1. |
Short title and Application: |
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(i) |
These bye-laws may be called the Bye-laws of the Associationof Apartment Owners of the __________________.
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(ii) |
These bye-laws shall apply to the members of the Associationof Apartment Owners of the _______________ and the HousingComplex situated at __________________________.
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(iii) |
All present owners, their successors-in-interest, tenants,future tenants or their employees or any other person who may usethe facilities of the Housing Complex in any manner shall bebound by these the provisions set forth under these Bye-laws.
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(iv) |
The acquisition of ownership or on rent of any independentdwelling units (hereinafter referred to as "Dwelling Unit")of the Complex or act of occupancy of any of the said units willsignify that these bye-laws are accepted, ratified and will becomplied with.
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| 2. |
Definitions: |
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Unless otherwise specified, all words and phrases used inthese byelaws shall have the same meaning as ascribed to themunder the Haryana Registration and Regulation of Societies Act,2012 and the rules framed there under and the Haryana ApartmentOwnership Act, 1983.
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| 3. |
Haryana Apartment Ownership Act, 1983 |
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The housing complex raised at ____________________________,District _______, and known as the ____________ (name), issubmitted to the provisions of the Act and the rules made thereunder.
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| 4. |
Aims and Objects of the Association: The aims and objectsof the Association shall be:-
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(i) |
to be and to act as the Association of Apartment Owners of thegroup housing building complex called the _________________ GroupHousing Society, (hereinafter called "complex") whohave filed their respective declarations submitting theirapartments to the provisions of the Act.
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(ii) |
to invest or deposit contributions and other moneys with theAssociation;
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(iii) |
to ensure that the complex is properly managed, maintained andadministered in a manner compatible with the standards andexpectations of the apartment owners;
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(iv) |
to provide for the maintenance, repair and replacement offittings, fixtures, appurtenances or other property requiringmaintenance, repair and replacement comprised in common areas andfacilities by contribution made by the apartment owners, and ifnecessary, by raising loans for that purpose;
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(v) |
to retain and permit use of common facilities to outsidersagainst an approved charge and appropriate such income for theobjects of the Association or its credit to a reserve fund;
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(vi) |
to establish and conduct educational, physical, social andrecreational activities for the benefit of the apartment ownerson its own account or jointly with individuals or institutions;
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(vii) |
to frame rules regarding establishment of any provident fundfor the benefit of full-time employees of the association, asrequired under the law of the land, after following theprescribed procedure;
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(viii) |
to do all things necessary or/ and otherwise provide for theattainment of the objects specified in these bye-laws.
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(ix) |
The Association shall not act beyond the scope of its objectswithout suitably amending the provisions of these bye-laws forthe purpose.
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| 5. |
Affiliation |
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Should there be any Federation of apartment owners in thelocality in which the _____________ CGHS is situated, theAssociation may become a member thereof and pay the sums fromtime to time payable to such Federation under the rules thereof.
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Chapter IIMembership and the Association of Apartmentowners
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| 6. |
Terms of admission of Members |
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(i) |
Every person who owns an apartments in the __________Co-operative Group Housing Society, _________, and has executedrespective declarations pursuant to Clause 3 of these Byelawssubmitting the apartment to the provisions of Haryana ApartmentOwnership Act, 1983, shall be a member of the Association, andshall pay a sum of one hundred rupees as membership fee;
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(ii) |
Each owner, on being a member, shall be allotted ______ shareof the face value of Rupees __________ in respect of the each ofthe dwelling units under his ownership. Every apartment ownermust hold at least one share of the Association and the Jointowners shall hold the share jointly.
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(iii) |
Each apartment owner shall receive a copy of the bye-laws inelectronic form for their reference, of which a hard copy mayalso be supplied on demand.
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(iv) |
Upon any apartment ownertransferring his/her apartment by way of any will, gift or sale,or an apartment becoming liable to transfer on account of naturalinheritance, the successor-in-interest shall automatically becomea member of the Association, and shall be admitted as a member onpayment of the applicable membership fee;Provided that any transfer of theapartment by way of sale to a third party, other than thoseinvolving family transfers, shall require prior approval of theAssociation.Further provided that wherever the Association permits anysuch transfer, the seller/ transferor or the buyer / transferee,as mutually settled between the parties, shall be liable to pay aone time transfer fee of _______________ rupees to theAssociation.
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(v) |
On the death of an apartment owner, the apartment shall betransferred to the person or persons to whom the owner bequeathsthe same by his or her nomination or will or to the legal heirsof his or her estate, in case he or she has not made any specificbequest of the apartment:
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(v) |
Where any legatee is a minor, the apartment owner shallappoint a guardian of such minor to exercise powers and performthe functions required under these bye-laws.
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| 7. |
Joint Apartment Owners |
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Where an apartment has beenallotted in favour of two or more persons jointly, they may bejointly entitled to the ownership of the apartment and the shareof the Association in such case may be issued in their jointnames. However, the person whose name stands first in the sharecertificate shall have the right to vote;Provided that such person, whose name stands first in theshare certificate, may transfer such right of vote to any one ofthe other joint owners.
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| 8. |
Disqualifications |
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No apartment owner shall be entitled to vote on the questionsof the election of members of the Board or the President,Secretary, Treasurer or any other officebearer or be entitled tostand for election to such office if he or she is in arrears ofany payment to the Association on account of common maintenancecharges, utility bill payments, common areas user charges etc. onthe first day of the month of the election for more than 60 days.
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| 9. |
Powers, Functions and Duties of Association:- |
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(i) |
The Association will be responsible for completeadministration of the common facilities and services of theapartment complex and shall be competent to exercise all powersin this behalf e.g. preparation and approval of the annualbudget, determination and collection of monthly contributionsfrom the members, placing demand for any additional contributionoccasioned by any unforeseen liability, interacting with allgovernment or semi-government agencies etc. in furtherance of theoverall management of the apartment complex in an efficientmanner.
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(ii) |
Except as otherwise provided, resolutions of the Associationshall require approval by a majority of owners, present andvoting, casting their votes in the manner provided in clauses 17and 18 of the bye-laws.
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| 10. |
Place of meetings - |
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Meetings of the Association shall be held either at theHousing Complex or any suitable place convenient to the owners asmay from time to time be designated by the Association.
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| 11. |
Annual General Meeting |
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(i) |
The first general meeting of the members of the Associationwill be held on __________________ to consider and approve theseBye-laws.
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(ii) |
The Annual General Meeting of the Association shall be heldevery year any time during the second quarter of the financialyear (July to September) so as to consider, approve and adopt theannual accounts of the Association and transact all such businessas it may be required to do.
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| 12. |
Extra-ordinary or Special General Meetings |
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(i) |
The Association may hold itsextra-ordinary or special general meetings as and when required.Provided that the Board of Managers shall convene a special orextraordinary general meeting of the Association upon arequisition signed by 1/3rd of the members, or as & when sodirected by the the District Registrar of Societies or theHousing Commissioner or any other officer duly authorized by themunder the relevant statutes in this behalf.
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(ii) |
The notice of any special general meeting shall state thedate, time and place of such meeting and the purpose thereof.
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| 13. |
Notice of Meetings |
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(i) |
A notice of 14 days, indicating thetime, date and venue, shall be given to the members for anygeneral meeting.Provided that such notice may be of a shorter duration if notobjected by at least 1/3rd of the members.
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(ii) |
The notice of any general meeting sent by electronic mail tothe email ID of the members shall be an accepted mode of serviceof such notice.
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(iii) |
A copy of the notice of every general meeting, annual orspecial, shall also be endorsed to the office of the DistrictRegistrar and/or the Housing Commissioner, as the case may be. Ahard copy of the said notice may be sent to the concerned officesof the District Registrar and/ or the Housing Commissioner, ifthese offices are not electronically connected.
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| 14. |
Quorum and Voting |
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(i) |
The quorum for every general meeting, annual or special, shallbe 40% of the members.
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(ii) |
There shall be one vote for each apartment, which may beexercised by the joint member on authority of the member.
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(iii) |
Every vote, be it exercised by themember or by the duly authorized joint member, shall be cast inperson.Provided that the member may communicate such authority infavour of the joint member through electronic mail with a copythereof duly endorsed to the Secretary of the Association.
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| 15. |
Adjourned Meetings. - |
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(i) |
A general meeting of the Association may be adjourned if thequorum for such meeting is not complete
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(ii) |
It shall be competent for the Board of Managers to convene anadjourned general meeting after a gap of not less than 48 hoursof the meeting first convened and adjourned.
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(iii) |
If no quorum is present in the adjourned meeting, a total of________ members present shall constitute the quorum and thematters decided.
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| 16. |
Order of Business |
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The order of Business of any general meeting, annual orspecial, may be decided by the Board of Managers or the membersas deemed appropriate.
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| 17. |
Special Resolution |
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Any matter required to be resolved through a SpecialResolution may be decided at any general meeting, annual orspecial, which is attended by at least 40% of the total membersand the proposal is approved by 3/5th of the members present andvoting.
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Chapter IIIOffice-bearers of the Association, electionand their duties
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| 18. |
Office-bearers of the Association, tenure and theirElection
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(i) |
The office-bearers of the Association shall consist of aPresident, a Vice- President, a Secretary, a Joint Secretary anda Treasurer.
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(ii) |
The office-bearers of the association shall be elected, as andwhen it becomes due, by the Association of Owners at its AnnualGeneral Meeting.
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(iii) |
The term of office of the office-bearers of the Associationshall be three years.
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| 19. |
Resignation, Suspension and Removal of Officer-bearers. - |
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(i) |
An office-bearer of the Associationmay, of his own volition, resign from such position at any time.Provided that the Board of Managers may, if consideredunavoidable, require such office-bearer to continue to dischargehis functions till such time his substitute is duly elected at ageneral meeting of the Association.
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(ii) |
In case a majority of the Board ofManagers express their lack of confidence in any office-bearer,for whatsoever reason, they shall be competent to suspend suchoffice-bearers from office till such time the matter isconsidered at the general meeting of the Association for hisremoval and so resolved.Provided that the Board of Managers shall convene a meeting ofthe Association of Owners as soon as possible, but not later than45 days of such decision, to consider the removal of suchoffice-bearer.
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(iii) |
The successor of any office-bearer removed from the officeshall be elected at the same meeting of the Association.
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| 20. |
President of the Association |
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(i) |
The President shall be the Chief Executive Officer of theAssociation and shall preside over all meetings of theAssociation and of the Board of Managers.
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(ii) |
The President shall have all the general powers and dutieswhich are usually vested in a Chief Executive of an organisation,including but not limited to the powers to constitutesub-committees of members for attending to various tasks infurtherance to the aims and objects of the Association.
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| 21. |
Vice President |
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(i) |
The Vice President shall perform such functions as areassigned to him by the Board of Managers from time to time.
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(ii) |
Officiate as the President and preside over the meetings ofthe Association and the Board of Managers during any temporaryabsence of the President.
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| 22. |
Secretary |
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(i) |
He shall be the overall in-charge of the secretarial functionsof the Association and the Board of Managers;
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(ii) |
He shall issue notices for the meetings of the Association,the Board of Managers, record the proceedings of all suchmeetings and maintain various registers as are required to bemaintained in this behalf.
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(iii) |
He shall be the custodian of all such books and records of theAssociation and the Board of Managers, as the Board may direct.
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| 23. |
Joint Secretary |
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He shall assist the Secretary of the Association in dischargeof his duties and responsibilities
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| 24. |
Treasurer |
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(i) |
He shall be responsible for management of the finances andaccounts of the Association, receipts and expenditure, bankaccounts, maintenance of all books of accounts, investment ofsurplus funds and audit of the accounts of the Association.
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(ii) |
He shall be responsible for the deposit of all moneys andother valuable effects in the name and to the credit of theAssociation, in such depositories, as may from time to time bedecided by the Board of Managers.
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Chapter IVConstitution of the Board of Managers, itsfunctions and powers
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| 25. |
Board of Managers and its mandate |
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(i) |
The affairs of the Association shall be managed by a `Board ofManagers', comprising of five office-bearers, who shall beelected by the members of the Association for a term of threeyears, and may be referred to as the `Board' hereinafter.
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(ii) |
The office-bearers of the Board of Managers shall be theoffice-bearers of the Association also.
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(iii) |
The Board of Managers shall act as the trustees of the membersof the Association and be responsible for the overall managementof the assets of the Association, operation and management of allits common facilities and the housing complex as a whole, andshall exercise all powers as are required to be exercised in theefficient discharge of its functions and responsibilities;
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(iv) |
The Boards of Managers shall discharge its functions andduties following the principles of collective responsibility andthe designations of any officebearers are not meant to create anyhierarchy;
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(v) |
The Board of Managers may appoint such sub-committees ofmembers from time to time, as may be considered necessary, withsuch terms as it may deem appropriate in exercise of powers anddischarge of duties for the administration of the affairs of theAssociation.
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(vi) |
The Board may co-opt or appoint such persons as members of anysuch subcommittee who possess special knowledge of any area toprovide any expert assistance to any such committee.
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(vii) |
Any sub-committee appointed by the Board, with or without anyexpert, shall submit its report to the Board, upon which theBoard may take such action as deemed appropriate.
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(viii) |
The Board shall be responsible for preparation of the AnnualAccounts and shall present an Annual Report of its activitiesbefore the Association in its Annual General Meeting.
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| 26. |
Duties, functions and powers of the Board |
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The Board shall, in addition to the duties andresponsibilities assigned under these bye-laws or by resolutionof the Association, be responsible for the following, among otherthings:
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(i) |
The care, upkeep and surveillance of the apartment complex ofthe _____________ Group Housing Society, and the common areas andfacilities and the restricted common areas and facilities;
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(ii) |
Determination and collection of the monthly maintenancecharges from the apartment owners;
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(iii) |
Raise bills, receive the amount and deposit the same with theappropriate authority on account of monthly water and electricitybills;
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(iv) |
Levy and collection of user charges for use of restrictedcommon facilities as may be decided by the Association from timeto time;
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(v) |
Designation, employment, payment of remuneration and dismissalof personnel or service provider(s) necessary for the maintenanceand operation of the apartment complex of the __________________Group Housing Society, its common areas and facilities and therestricted common areas and facilities;
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(vi) |
Provide for the manner in which the accounts of theAssociation shall be maintained and its audit shall be carriedout;
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(vii) |
Inspect and examine the records and accounts kept by or underthe supervision of the Secretary and/or the Treasurer so as toensure that these are maintained in the manner as prescribed;
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(viii) |
Take steps for timely payment of all obligations and therecovery of all sums due to the Association;
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(ix) |
Approve or sanction working expenses, maintenance of cashbalance and deal with other miscellaneous business;
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(x) |
Ensure that the cash book is written promptly and is signeddaily by one of the members of the Board authorized in thisbehalf;
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(xi) |
Appropriately deal with the complaints concerning the above; |
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(xii) |
Perform all other functions as may be decided, from time totime, by the Association for the maintenance, repair andreplacement of the fittings, fixtures, appurtenances or otherproperty requiring maintenance, repair and replacement comprisedin common areas and facilities and the restricted common areasand facilities.
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| 27. |
Restrictions for an office-bearer or member from receivingany benefits
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No office-bearer or member of theAssociation or the Board of Managers shall be appointed to anysalaried office of the Society, and shall not be paid any fees orremuneration for the services rendered by him;Provided that the office-bearers and/or the members shall beentitled to claim reimbursement of actual travel and out ofpocket expenses incurred by them in connection with any workrelated to the Association, and interest on any money lent to thesociety for overcoming any temporary requirements.
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| 28. |
Vacancies in the Board of Managers |
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Any vacancy in the Board, caused by any reason other than theremoval of an officebearer, may be filled-up by the remainingoffice-bearers of the Board by nomination as an interveningmeasure, which shall be placed before the Association in its nextgeneral meeting for ratification or election of suchoffice-bearer.
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| 29. |
Engagement of Agencies, Service Provider, Estate Managerand other officials
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(i) |
The Board may engage one or more service providing agenciesfor performance of such functions or delivery of such servicesand for such compensation as it may determine for the purpose.
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(ii) |
The Board may engage or employ individuals, on full-time orpart-time basis in the employment of the Association, for aremuneration or compensation as determined by the Board, andperformance of such duties and services as may be decided by theBoard.
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(iii) |
The Board may require all or any of the employees of theAssociation to furnish a fidelity bond.
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Chapter VMeetings of the Board of Managers -Notices,Agenda, Quorum, and Proceedings
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| 30. |
Meetings of the Board of Managers |
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(i) |
The first meeting of the newly elected Board shall be heldwithin 30 days of such election at such place as shall be fixedby the Board.
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(ii) |
The Board of Managers may hold its meeting as and whenrequired subject to the condition that it shall meet at leastonce every quarter and hold a minimum of four meetings in afinancial year.
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| 31. |
Notice for the Meetings of the Board of Managers |
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Every meeting of the Board shallentail a notice of at least three days, circulated in electronicor physical mode, as the case may be, along with the tentativeagenda of the business to be transacted at such meeting.Provided that the notice period may be waived in emergentcircumstances if a majority of the office-bearers agree to holdthe meeting at a shorter notice.
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| 32. |
Quorum |
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At least 33% of the members of the Board shall constitute thequorum for any meeting.
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| 33. |
Proceedings of Meetings |
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(i) |
Proceedings of each and every meeting of the Board of Managersshall be recorded by the Secretary and signed by the Secretaryand the President;
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(ii) |
The proceedings of meetings, signed by the Secretary and thePresident, shall be maintained in the form of a register ofproceedings;
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(iii) |
The proceedings may be circulated amongst the Board members byelectronic mode and hard copies thereof shall be endorsed toconcerned authorities, as required.
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Chapter VIFunds, Accounts and Audit
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| 34. |
Funds: The Association may raise funds through all or anyof the following sources, namely: -
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(i) |
Transfers from the savings available in the Capital Account ofthe ________________ Group Housing Society , if any;
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(ii) |
Membership fee and by issue of shares; |
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(iii) |
Contributions, assessments, user charges and donations fromthe apartment owners;
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(iv) |
Revenue Surpluses which may form the nucleus of the ReserveFund;
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(v) |
Loans, if necessary, subject to such terms and conditions asthe Association may determine with the approval of the CompetentAuthority in this behalf.
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| 35. |
Investments - The Association may invest or deposit itsfunds in one or more of the following:-
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(i) |
In a Co-operative Bank or a Scheduled Bank or a Post-officeSavings Account, or
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(ii) |
In any of the securities specified in Section 20 of the IndianTrust Act, 1982; or
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(iii) |
In any other manner as resolved by the Association. |
| 36. |
Deployment of funds |
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The income and property of the Association shall be appliedsolely towards promotion of the aims and objects of theAssociation as set forth in the Memorandum of Association and noportion thereof shall be paid or transferred, directly orindirectly, to the members of the Association.
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| 37. |
Maintenance of Accounts |
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(i) |
The Association may open separate bank accounts for separatepurposes and maintain proper accounts of credits to and debitsfrom each such account.
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(ii) |
The Secretary or the Treasurer may keep an amount, notexceeding Rs. ______________ , in cash at all times with them orwith the Manager in order to defray any or all such pettyexpenses for which payments may not be feasible through bankinstruments.
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(iii) |
All payments exceeding Rs. __________, in so far as possible,shall be made by cheque signed by the Secretary or the Treasurerof the Association.
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(iv) |
Cheques for any payment exceeding Rs. _____________ shall besigned jointly by the Secretary and the Treasurer.
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(v) |
The Board of Managers shall maintain a pass-book in respect ofevery member in electronic or physical form containingparticulars of the amount due from a member (in respect of commonmaintenance charges, utility bills, user charges, or any otherdemand), the payments made, the balance towards or against themember/ Association, as the case may be. Copies of the accountsso maintained shall be made available to the members on demandduring the Annual general Meeting of the Association or at anystage, for which the Association may or may not determine a fee.
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| 38. |
Annual Accounts |
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(i) |
The Board of Managers shall prepare annual accounts of theAssociation as at the end of a financial year, as soon aspossible, but in any case on or before the 30th June of thefollowing year.
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(ii) |
The Annual Accounts shall contain (a) the receipts andexpenditure statement of the previous financial year; (b) surplusor deficit account; and (c) a summary of the property and assetsand liabilities of the common areas and facilities of theAssociation giving such particulars as will disclose the generalnature of these liabilities and assets and how the value of fixedassets has been arrived at.
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| 39. |
Audit of Accounts |
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(i) |
The Annual Accounts shall be submitted for Audit by aChartered Accountant engaged by the Board, such CharteredAccountant not being a member of the Association or a closerelative of any of the members;
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(ii) |
The Auditors shall audit the accounts of the Association, withor without any qualifications, and submit their report thereon.
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(iii) |
The audited financial statement shall be open to inspection byany member of the Association during office hours and in theoffice of the Association and a copy thereof shall be placedbefore the Annual General Meeting for its approval and adoptionnot later than 31st of August of the year.
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(iv) |
Every financial statement shall be accompanied by a completelist of the apartment owners, along with the amount receivablefrom or payable to the members.
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(v) |
A copy of the Annual Audited Accounts shall be filed in theoffice of the District Registrar in the form and mannerprescribed under the relevant law.
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| 40. |
Appointment of Auditor and related matters.- |
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(i) |
The Association shall appoint a registered CharteredAccountant or a firm of Chartered Accountants as the auditor atits Annual General Meeting along with the determination of theremuneration there for.
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(ii) |
The Board of Management shall extend full assistance to theAuditor and make all such documents and records available to himas may be required for the same;
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(iii) |
The Auditor shall conduct the audit of the accounts of theAssociation in accordance with the accepted Accounting Standards,along with or without any qualifications or advisory to theAssociation for the proper upkeep of accounts.
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(iv) |
The auditor shall be entitled to call for and examine anypapers or documents belonging to the Association covering thecomplete scope of activities of the Association.
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Chapter VIIMortgages
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| 41. |
Notice about Mortgage and related information |
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(i) |
A member, who mortgages his or her dwelling unit in favour ofany financial institution, shall notify the Association throughits Secretary, the name and address of his or her mortgagees, andthe Association shall maintain such information in a bookentitled "Mortgagees of Units."
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(ii) |
The member shall also notify the Association about the statusof mortgage of the dwelling unit, and its vacation.
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(iii) |
The Association may, at the request of the Mortgagee of aunit, report any unpaid assessments or charges due from the ownerof such unit.
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Chapter VIIIDetermination of contributions from Membersfor Common Maintenance of facilities, user charges and utilitypayments
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| 42. |
Members to contribute for Various charges |
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(i) |
The Association shall determine therates of various charges to be contributed by the members onaccount of all or any of the following:(a) Charges for the maintenance ofcommon areas and facilities e.g. security, cleaning, garbagedisposal, horticulture, electrical and plumbing services, AMCs ofvarious facilities e.g. lifts, Gen-set etc.;(b) Charges for use of commonfacilities e.g. Gym, Indoor games, lounge, terrace with lounge,common kitchen area, lawns etc;(c) Utility charges i.e.electricity bills of individual dwelling units (if the power isbeing supplied to the Association Complex from a HT Connection),water charges etc.;(d) Contribution to the ReserveFund for meeting major repairs and renovation works required forthe common areas of the complex;(e) Costs towards payment ofinsurance premium to cover the risk against various eventualitiese.g. fire, earthquakes, calamity, strike by any terrorist actionetc;(f) Any taxes or fees or cesspayable to the local Municipal Corporation;(g) Any other charges not specifically covered under theabove.
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(ii) |
All expenditure incurred on the maintenance of the commonfacilities and services of the housing complex shall berecoverable from and payable by the members on a prorated basisi.e. divided or multiplied by a factor of ____________ (no. ofmembers) in a uniform manner.
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Chapter IXObligations of the Apartment Owners
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| 43. |
Obligation to timely payment of all charges andcontributions
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Each and every owner of an apartment in the Housing Complex,who is a also member of the Association, shall be underobligation at all times to pay the common maintenance charges anduser charges as determined by the Association from time to timeand the utility bills in respect of electricity and waterconsumption without being in arrears.
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| 44. |
Observance of duties and responsibilities |
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The apartment owners shall be obliged to observe their dutiesand obligations as set out herein and any violation of the sameshall make them liable to fine and /or for forfeiture of theirrights as may be determined by the Association at its meeting orby any special committee appointed by them in this regard.
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| 45. |
Enforcement of obligations |
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In case any member is in arrears of payment of his obligationsfor a period of ______ days or more, the Board of Managers shallbe competent to take all measures for the recovery of sucharrears of the monthly maintenance charges, or monthly utilitybills (electricity and related charges) and other user charges,including coercive measures by taking recourse to disconnectionof electricity and water supply to the dwelling unit, blockingits sewage outflow, and denial of access to the use of commonfacilities including the lifts.
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| 46. |
Maintenance and repairs of individual dwelling units |
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(i) |
All repair, renovation and replacement of internalinstallations within the area of the individual dwelling unite.g. water, light, gas, power, sewage, telephones,air-conditioners, sanitary installations, doors, windows, lampsand all other accessories belonging to the unit area shall becarried out by the apartment owner at his own expense;
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(ii) |
Every apartment owner shall promptly undertake the maintenanceand repair work in respect of any installation within his owndwelling unit, which if not attended promptly, may have anadverse effect on the dwelling units of other members or thecommon areas of the housing complex;
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(iii) |
Should there be caused any damage or injury to the commonareas or facilities in the process of internal works in anyapartment, the owner shall either get the same restored to itscondition at his own expense or be liable to pay and re-imbursethe expenditure incurred by the Association on getting suchdamages repaired.
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(iv) |
The apartment owner `A' shall either reimburse and compensatethe owner of another apartment `B' for any damage or injurycaused to his (B's) apartment in the process of repairs carriedout in his (A's) apartment or get the same repaired at his costto the satisfaction of the affected owner.
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(v) |
No apartment owner shall make anystructural modifications or alteration in his/her unit orinstallations located within the apartment without previouslynotifying the Association in writing, through the Secretary ofthe Board, and securing prior permission of the Board for suchmodifications and alterations.Provided that the elevation andengineering structure of the building will not be changed underany circumstances.Provided further that any change affecting any other apartmentwill not be permitted.
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(vi) |
The Board shall respond to any request received undersub-clause (iii) above at the earliest but not exceeding thirtydays. In case no response is received to the contrary within 30days, it shall be deemed that there is no objection to theproposed modification, alteration or installation.
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| 47. |
Use of Independent units and liability for violation |
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(i) |
All the apartments/ dwelling units shall be used forresidential purposes only as permissible under the regulations of__________________ (the competent Authority) from time to time.
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(ii) |
Any financial or other liability arising out of violation ofthe usage condition shall have to be borne by the apartment ownerwho violates this condition;
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| 48. |
Use of Common areas and facilities and restricted commonareas and facilities.
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(i) |
No member shall place or cause or allowed to be placed anyfurniture, packages or objects of any kind in the lobbies,vestibules, stairways, elevators and other areas of the___________ Group Housing Complex and facilities of a similarnature both common and restricted, that may impede or expected toimpede the smooth movement of persons or goods or may causeinconvenience to the residents.
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(ii) |
The common or restricted areas shall not be used for anypurpose e.g. storage or construction work, except wherespecifically authorized by the Association, other than for normaltransit and circulation.
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(iii) |
The ______________ Group Housing Complex has provision for____________ elevators earmarked for the use of apartment owners/tenants and their guests and _________ elevator earmarked forfreight service or auxiliary purposes.
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(iv) |
Owners, tenants and their workmen shall use the freight orservice elevator only for carrying any packages, merchandise orconstruction material or any such other objects which may effectthe comfort or well being of the passengers of the elevatorsdedicated for the use of owners, occupants and guests. The usersshall exercise due care and caution and ensure that no damage ordefacing is caused to any of the lifts during the use thereof.
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| 49. |
Right of access and entry in emergency and normalconditions
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(i) |
Every apartment owner shall ensure unhindered access to theManager or any workmen employed by the Board to attend to anyemergent situation arising from electrical installations or anysuch thing which might threaten the safety of his apartment orany other apartment whether in his presence or absence.
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(ii) |
An owner shall permit other owners or their representative,when so required, to enter his dwelling unit for the purpose ofinstallation, alteration, or repairs to the mechanical orelectrical services, provided, that requests for entry are madein advance and that such entry is at a time convenient to theowner; but in case of emergency, such right of entry shall beimmediate.
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| 50. |
Code of Conduct for the apartment owners/ residents |
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(i) |
It shall be the responsibility ofevery apartment owner/ resident to ensure that:(a) his/ her apartment is not usedfor any unlawful, illegal, immoral or anti-national activity;(b) the laws, rules and instructions of the police and or anylaw enforcement agency regarding verification of their tenantsand foreign nationals are duly complied with.
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(ii) |
All the apartment owners and/or residents including thetenants of the Hermitage Housing Society Complex and theirdomestic help, if any, are obliged to maintain at all times awholesome family environment in the complex.
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(iii) |
No owner or resident of the _________________ Group HousingSociety Complex shall post any advertisement or posters of anykind in or on the building except as authorized by theAssociation.
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(iv) |
The apartment owners/ residents may notify the security staffat the gate in advance if they are expecting any guests or anymaintenance staff or any other person. The guests, visitors andmaintenance workers etc. are required to sign the visitor'sregister at the entrance gate, failing which entry to the HousingComplex may be denied by the Security staff.
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(v) |
Consumption of alcohol or any intoxicants etc. by theresidents and /or their guests and domestic staff in the commonareas, and smoking in the lifts is strictly prohibited.
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(vi) |
The apartment owners/ residentsshall:(a) contain and confine the noiselevel caused by any construction, maintenance and repairs in anyapartment or use of musical instruments, radios, television,amplifiers and any other devices so as to ensure that otherresidents are not disturbed in peaceful enjoyment of theirprivacy;(b) ensure that the domestic pets,if any, are kept strictly following the safety & sanitationnorms, and managed & maintained as per the Municipal bye-lawsor regulations;(c) not dust rugs, carpets etc.from the windows and balconies, or to clean rugs, carpets etc. bybeating on the exterior part of the Hermitage C.G.H.S. building;(d) not throw or drop any garbageor trash or litter outside the disposal installations providedfor such purpose in the service areas or any water from thewindows/ balconies etc;(e) collect all garbage or solid/semi solid municipal waste in a container and dispose it off inthe Municipal dust-bin, if no such installation is provided;(f) lay or install or cause to be laid/ installed any wiringfor electrical or telephone installation, television antennae,machines or air conditioning units, etc. on the exterior of theComplex building or that protrude through the wall or the roof ofthe building except as authorized by the Association.
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| 51. |
Parking of Vehicles:The apartment owners/ residents/tenants shall follow the following guidelines in this behalf:
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(i) |
As _____ car parking slots are earmarked for each apartment,_____ parking stickers shall be issued for each apartment forregular overnight parking of vehicles inside the buildingcomplex. These stickers will be displayed on the front windscreenof the cars of the residents.
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(ii) |
Entrance and parking of any additional vehicle on a regularbasis for any apartment inside the Complex will be regulated bythe Board of Managers.
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(iii) |
It is expected that every owner/ resident shall park or causeto be parked his cars at the assigned parking slot specificallyallotted to an apartment.
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(iv) |
All the apartment owners and residents are expected to ensurethat their vehicles or taxies are not parked in the maindrive-way except for drop and pick-up facility of the passengers;
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(v) |
The rear-setback area of the complex may be used as thefloating car parking space during the day time only;
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(vi) |
No owner or resident shall park or allow his vehicles to beparked in the drive-ways/ pathways demarcated for the movement ofvehicles in the basement, or park two-wheelers in the areaearmarked for four-wheelers.
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| 52. |
Domestic Staff (servants, drivers, cleaners, cooks anddomestic workers etc.)
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(i) |
Apartment owners/ residents are required to get the servants,drivers, cleaners, cooks and domestic workers (henceforth to bereferred as the domestic staff) employed by them verified by thelocal police and to submit a copy of the police verification tothe Board. Entry to the Housing Complex may be denied to thedomestic staff not verified by the local police.
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(ii) |
The names and other particulars of the servants, drivers anddomestic staff employed by the residents should be supplied bythem to the Board. The Board shall issue identity cards to themthat must be carried by the domestic staff while in the Complex.On termination of the employment of any member of their domesticstaff, it shall be the responsibility of the owner/resident toinform the Board and to return the identity card.
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(iii) |
The domestic staff is prohibited from using the common areasfor recreation, assembly or sitting unless accompanied by theresidents. Domestic staff will use only the areas earmarked forthem in the Complex area.
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Chapter XOther General matters
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| 53. |
Compliance |
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These bye-laws are set forth to comply with the requirementsof the Haryana Registration and Regulation of Societies Act, 2012read with the provisions of Haryana Apartment Ownership Act, 1983and the rules framed there under. In case of any inconsistencybetween these byelaws and the provisions of the said Acts, theprovisions of the Acts will apply.
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| 54. |
Seal of the Association |
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The Association shall have a common seal which shall be in thecustody of the Secretary and shall be used only under theauthority of a resolution of the Board of Managers and every deedor instrument to which the seal is affixed shall be attested foror on behalf of the Association by two members of the Board andthe Secretary or any other person authorized by the Associationin that behalf.
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| 55. |
Amendment of the Memorandum and/ or Byelaws of theAssociation
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The Memorandum of Association orthe Byelaws may be amended through a special resolution passed ina general meeting of the Association by 3/5th of the memberspresent and voting.Provided that where a member is unable to attend the meetingin person, he may communicate his concurrence or reservation tothe amendment to the memorandum or the Bye-laws, as the case maybe, by electronic means or letter at least one day prior to thedate of the meeting, which shall be read out by the Secretary inthe meeting.
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| 56. |
Amalgamation or Dissolution of the Association |
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(i) |
The Association of Apartment Owners of the HermitageCo-operative Group Housing Society, Gurgaon is a body corporatewith perpetual succession and not likely to be dissolved;
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(ii) |
The Association, may, however, amalgamate itself with anyother Society with identical aims and objects through a specialresolution passed in a general meeting of the Association andapproved by at least 3/5th of the members present and voting.
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