(1) All the apartment owners 1.1.0 remove a property from the provisions of this Act be e. Ly instrument to that eflean duly executed :
Provided that the hute, rs fall charge., and other t ncumbeances affecting any of the apartments may zotp;ent thereto or agree, ifl either case by instru ments duly executed, that their charg ';or encumbrances be transferred to the percentage of the undivided interest of the apartment owner in the property as hereinafter provided.
(2) Upon removal of the property from the provisions of this Act,, the property shall be deemed to be owned in common by the apartment owners.
The undivided interest in the property owned in common which shall appertain to each :Apartment owner shall be the percentage of undivided interest previously owned by such owner in the common areas and facilities.
Removal no 15. The removal provided for in section 14 shall in no way Ler the bar to sub- subsequent resubmission of the property to the pre visions of this Act.
sequent resubmission of property to Act.
Bye-lans. 16. (1) The administration of every property shall be governed by bye-laws, a true copy of which shall be anaexed 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.
(7) 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, the tenure of such Board and that the term of at least one third of the members of such Board shall expire annually ; the powas and duties of the board, the method of appointment 1 1 • HARYANA GOVT GAZ. (EXTRA.), SEPT. 28, 1983 157 (ASVN. 6, 1905 SAKA) and removal from office of Secretary, Manager or Managiag Agent and specifying which of the powers and duties granted to the Board by this Act or otherwise may be delegated by the Board to any or all of them ;
(b) the method of calling meeting of the Board of Manager;
or of the apartment owners including the procedure of voting and quorum;
(c) the election of a President from among the members of the Board of Managers to preside over the meetings of such Board and oi the Association of Apartment Owners;
(d) election of a Secretary, who shall keep a. minute book wherein resolution shall be recorded;
(e) the election of a Treasurer who shall keep the financial records and books of accounts;
(1) the maintenance, repair and replacement of the common areas and facilities and payments therefor;
(g) the manner of collecting from the apartment owners their share of the common expenses;
(h) the -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 =fending the regulations governing 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 apartment owners;
(k) the percentage of the votes required to amend the bye-laws and the procedure for such amendments.
(3) The bye-laws may also provide for the following matters, namely:—
(a) subject to the provisions of this Act, provisions for regulating transfer or partition of any apartment and percentage of un- • divided 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;
(b) provisions enabling the Board of Managers to lease out certain areas of the property for the purposes for which the same are meant and for distribution of resulting proceeds to the apartment owners as income or application thereto in reduction of their common charges for maintaining the said property;
158 HARYANA GOVT GAZ. (EXTRA.), SEPT. 28, 1983 (ASVN. 6, 1905 SAKA)
(c) any other provisions 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 report and the like.
Liability .1.7. No apartment owner shall be entitled to exempt himself from th e towards liability for his contribution towards the common expenses by waiver )f the common use or enjoyment of any of the common areas and facilities or " Penses• by abandonment of his apartment.
Separate assessment.
Charge on property for common expenses .
Joint and several liability of vendeor etc.
for unpaid common expenses.
Insurance.
Disposit ion of property, destruction O r damage,
18. Notwithstanding anything to the contrary contairiel in .t•t... i t Y relating to local authorities, each apartment and Its percentage of and; %/del Interest in the common area and facilities appurtenant to such ap Irtment (being an apartment submitted to the provisions of this Act) shall be dee.rnel to be separate for the purposes of assessment to tax on lands and huildinqs leviable under such law and shall be assessed and taxed accordingly. The building, the property or any of the common areas and facilities shall not be deemed to be separate property for the purpose of the levy of such tax.
19. All sums assessed by the association of apartment owners towards the share of the common expenses chargeable to any apartment and remaining unpaid, shall constitute a charge on such apartment prior to all other charges, except charge, if any, on the apartment for payment of the Government and local taxes, and all sums unpaid on a first mortgage of the apartment
20.. Upon the transfer of an apartment, the transferee of the apartment shall be jointly and severally liable with the transferor for all unpaid assessments for his share of the common expenses upto the time of the transfer without prejudice to the transferee's right to recover from the transferor the amount paid by the transferee therefor. Any such transferee shall be entitled to a statement from the Secretary or Board of Managers, setting forth the amount of the unpaid assessment against the transferor and such transferee and such apartment shall not be liable for nor shall be subject to a charge for any unpaid share of common expenses against such apartment accrued prior to such transfer in excess of the amount therein set forth.
21. 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 and shall obtain insurance for the property against loss or damage by fire, and such other hazards under such terms and for such amount as shall be required or requested. Such insurance coverage shall be for the property in the name of such Manager o OL the Board of Managers or the association of the apartment owners as trustee for each of the apartment owners in the percentages specified in the declaration. Premiums shall be deemed to be a part of 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.
22. If within sixty d. ys of the date of damage to or destruction .of 11 or part of the property it is not determined by the :tssociation of apartment owners to repair, reconstruct or rebuild, in that event :
(a) the property shall be deemed to be owned in common by . p rt ment owner;
HARYANA GOVT GAZ. (EXTRA.), SEPT. 28, 1983 159 (ASVN. 6, 1905 SAKA) I
(b) the undivided interests in the property, owned in common which shall appertain to each apartment owner shall be the percentage of the undivided interest previously owned by such owners in the common areas and facilities ;
(c) any encumbrances 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 ; and
(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 the 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.
23. Without limiting the rights of any apartment owner, actions 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 and facilities or more than one apartment. Service of process on two or more apartment owners .in any action relating to the common areas and facilities or more than one apartment may be made on the person designated in the declaration to receive service of process.
'24. (1) All apartment owners, tenants of such owners, employees Act to be of owners and tenants or any other person who may in any manner use property or any part thereof submitted to the provisions of this Act, shall o Z ers- - "` be subject to this Act and to the declaration and the bye-laws or the asso- tenants etc.
elation of apartment owners adopted pursuant to the provisions of this
(2) All agreements, decisions and determinations lawfully made by the association of apartment owners in accordance with the voting percentages established under this Act, declaration or hye-lawsrshall be deemed! to be binding on all apartment owners.