(1) The administration of every property shall be governed by 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 it is 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 matters, namely :-
(a) The election from among the apartment owners of a Board of managers, the number of persons constituting the same, and that the terms of at least one-third of the members of such Board shall expire annually, the powers and duties of the Board; the compensation, if any, of the members of the Board; the method of removal from office of members of the Board; and whether or not the Board may engage the services of a secretary, a manager or managing agent, and specifying which of the powers and duties granted to the Board by this Part or otherwise may be delegated by the Board to either or both of them.
(b) Method of calling meetings of the apartment owners; what percentage, if other than a majority of apartment owners, shall constitute a quorum.
(c) Election of a president from among the members of the Board of managers who shall preside over the meetings of such Board and of the association of apartment owners.
(d) Election of a secretary who shall keep a minute book wherein resolution shall be recorded.
(e) Election of a treasurer who shall keep the financial records and books of accounts.
(f) Maintenance, repair and replacement of the common areas and facilities and payments therefor.
(g) Manner of collecting from the apartment owners their share of the common expenses.
(h) Designation and removal of persons employed for the, maintenance, repair and replacement of the common areas and facilities.
(i) The method of adopting and of amending administrative rules and regulations governing the details of the operation and use of the common areas and facilities.
(j) 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.
(k) The percentage of the votes required to amend the bye-laws.
(3) The bye-laws may also provide for the following matters, namely :-
(a) Subject to the provisions of this Part, provision for regulating transfer or partition of any apartment and percentage of undivided interest in the common areas and facilities appurtenant to such apartment, subject to such terms and conditions as may be specified in the bye-laws.
Removal no bar to subsequent resubmission of property to Part.
Bye-laws.
1973 : Guj . 13 ] Gujarat Ownership Flats Act, 1973 17 of 20
(b) Provisions enabling the Board of managers to retain certain areas of the building and lease such areas 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.
(c) Any other provisions, not inconsistent with the provisions of this Part, relating to the audit and account and administration of the property and annual and special general meetings, annual report and the like.
32. No apartment owner may exempt himself from liability for his contribution towards the common expenses by waiver of the Use or enjoyment of any of the common areas and facilities, or by abandonment of his apartment.
33. Notwithstanding anything to the contrary contained in any law relating to local authorities, each apartment and its percentage of undivided interest in the common areas and facilities appurtenant to such apartment (being an apartment submitted to the provisions of this Part) shall be deemed to be separate property for the purpose of assessment to tax on lands and buildings leviable under such law and shall be assessed and taxed accordingly; and for this purpose, a local authority shall make all suitable rules to carry out the provisions of this section. Neither the building, the property nor any of the common areas and facilities shall be deemed to be separate property for the purposes of the levy of such tax.
34. All sums assessed by the association of apartment owners but unpaid for the share of the common expenses chargeable to any apartment shall constitute a charge on such apartment prior to all other charges, except only (i) charge, if any, on the apartment for payment of Government and Municipal taxes, and (ii) all sums unpaid on a first mortgage of the apartment.
35. Upon the sale of an apartment, the purchaser of the apartment shall be jointly and severally liable with the vendor for all unpaid assessment against the latter for his share of the common expenses upto the time of the sale without prejudice to the purchaser's or grantee's right to recover from the vendor the amount paid by the purchaser or grantee therefor. Any such purchaser shall be entitled to a statement from the secretary or Board of managers, setting forth the amount of the unpaid assessment against the vendor and such purchaser or grantee shall not be liable for, nor shall the apartment sold be subject to a charge for any unpaid share of common expenses against such apartment accrued prior to such sale or bequest in excess of the amount therein set forth.
36. The manager or Board of managers, if required by the Declaration or the bye-laws or by a majority of the apartment owners, or at the request of a mortgagee having a first mortgage covering an apartment, shall have the authority to obtain, and shall obtain, insurance for the property against loss or damage by fire, and such other hazards under such terms and for such amounts as shall be required, or requested. Such insurance coverage shall be written on the property in the name of such manager or of the Board of managers of the association of the apartment owners as trustee for each of the apartment owners in the percentages established in the Declaration. Premiums shall be common expenses. Provisions for such insurance shall be without prejudice to the right of each apartment owner to insure his own apartment for his benefit.
37. If within sixty days of the date of damage or destruction to all or part of the property, it is not determined by the association of apartment owners to repair, reconstruct or rebuilt the property, then and in that event,-
(a) the property shall be deemed to be owned in common by the apartment owners;
(b) the undivided interest in the property owned in common which shall Waiver of use of common areas and facilities; abandonment of apartment.
Separate assesment.
Charge for property of common expense.
Joint and several liability of vendor, etc. for unpaid common expenses.
Insurance.
Disposition of property;
destruction or damage.
[ 1973 : Guj . 13 Gujarat Ownership Flats Act, 1973 appertain to each apartment owner shall be the percentage of the undivided interest previously owned by such owner in the common areas and facilities;
(c) any encumbrance affecting any of the apartments shall be deemed to be transferred in accordance with the existing priority to the percentage of the undivided interest of the apartment owner in the property as provided herein;
(d) the property shall be subject to an action for partition at the suit of any apartment owner, in which event the net proceeds of sale together with the net proceeds of the insurance on the property, if any, shall be considered as one fund and shall be divided among all the apartment owners in percentage equal to the percentage of undivided interest owned by each owner in the property after first paying out, all the respective shares of the apartment owners to the extent sufficient for the purpose and all charges on the undivided interest in the property owned by each apartment owner.
38. Without limiting the rights of any apartment owner action may be brought by the manager or Board of managers, in either case in the discretion of the Board of managers, on behalf of two or more of the apartment owners as their respective interest may appear with respect to any cause of action relating to the common areas of facilities of more than one apartment. Service of process on two or more apartment owners in any action relating to the common areas and facilities of more than one apartment may be made on the person designated in the Declaration to receive service of process.