(1) The administration of every property shall be governed by bye-laws as amended from time to time and a true copy of the bye-laws and the amendments thereto, if any shall, as soon as they are made be filed with the competent authority and be annexed to the Declaration, provided that no such bye-Iaws or amendments thereto shall take effect until copies thereof duly filed with the competent authority.
(2) The bye-laws shall provide for the following matters, namely:-
(a) The manner in which the association of apartment owners is to be formed, the election 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;
the honorarium, if any of members of the board; the method of removal from the office of members of the board; the powers of board to engage the services of a manager and delegation of powers and duties to such manager;
(b) method of calling meetings of the apartment owners and the quorum for such meeting;
(c) election of a President and who shall preside over the meetings of the Board and of the association or apartment owners;
Instruments of declarations etc.
compulsorily registerable.
Central Act 16 of 1908 Bye-laws.
[Act No.29 of 1987] 13
(d) election of a secretary who shall keep a minutes book wherein resolution shall be recorded;
(e) election of a treasurer who shall keep the financial records and books of accounts;
(f) manner of collecting from the apartment owners their share of the common expenses;
(g) maintenance, repair and replacement or the common areas and facilities and payments therefor;
(h) any other matter considered to be necessary for the administration of the property.
19. Each apartment and its percentage of undivided interest in the common areas and facilities shall be deemed to be a separate property for the purpose of assessment of tax on lands and buildings under any law for the time being inforce.
20. All sums assessed by the association of apartment owners for the share of the common expenses chargeable to any apartment shall constitute a charge on such apartment with precedence over other charges, except charges, if any, for payment of Government and Municipal Taxes and all sums remaining unpaid on a first mortgage of the apartment;
Explanation:— For the purposes of this section ‗Government‘ shall include the Central Government.
21. The manager or board of managers of an association of apartment owners may, after due notice of not less than seven days, for just and sufficient cause, cut off, with-hold, or in any manner curtail or reduce, any essential supply or service enjoyed by an apartment owner.
Separate Assessment.
Charge on property for common expenses.
Manager to cut off, withhold, curtail or reduce essential supply or service.
14 [Act No. 29 of 1987]
Explanation:— In this section, essential supply or service includes the supply of water, electricity, lights in passages and on stair cases, and lifts, and conservancy or sanitary service.
22. Upon the sale of any apartment, the purchaser of the apartment shall be jointly and severally liable with the vendor for all unpaid assessments against the later for his share of the common expenses upto the time of the sale without prejudice to the purchaser‘s right to recover from the vendor the amount paid by him.
23. The manager or board of managers of an association of apartment owners if required by the Declaration or the bye-laws or by a majority of the apartment owners, shall have authority to, and shall obtain insurance coverage for the property against loss or damage by fire and such other hazards under such terms and for such amounts as shall be required. Such insurance shall be in the name of the Manager or the board of managers of the association of the apartment owners as trustee for each of the apartment owners in the percentage established in the declaration.
24. The promoters or the owners of apartments shall not sell or lease out or misuse any common areas and facilities.
25. Every owner of an apartment in a building consisting of a ground floor, together with three or more floors on it shall be required to provide all the fire preventive devices in consultation with the Director General of Fire Services in the manner prescribed.
26. Every owner of an apartment shall be entitled to have electricity, water and drainage connection on a permanent basis only on payment of such fee as may be prescribed Joint and several liability of vendor, etc., for unpaid common expenses.
Insurance.
Prohibition of selling, leasing and misuse of common area and facilities.
Owners of apartments to provide fire preventive devices.
Owners of apartments to provide fire preventive devices.
Electricity, water and drainage connections only after completion of apartments.
[Act No.29 of 1987] 15 and on the production of a certificate from the competent authority to the effect that the apartment has been constructed in accordance with the sanctioned plan.
27. Every owner of the apartment shall provide an over head tank in the manner prescribed.
CHAPTER-IV MISCELLANEOUS.
28. Any promoter or owner of the apartment who without reasonable execuse fails to comply with or contravenes any provisions of section 4, section 5, section 6, section 7, section 24, section 25 or section 27 shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to fifty thousand rupees, or with both.‖