(a) maintenance, repair and replacement of the common areas and facilities,
(b) Collection from apartment owners share of common expenses.
(c) resignation and removal of persons employed for the maintenance, repair and replacement of common areas and facilities.
(d) to provide for the manner in which the audit and account of the Association shall be carried out.
(e) to inspect the accounts kept by the Secretary/Treasurer and examine the registers and account books and to take steps for the recovery of all sums due to the Association,
(f) to see that cash book is written up promptly and is signed daily by one of the members of the Board.
(g) to specify the times at which and the manner in which the annual general meetings and special general meetings of the Association shall be held and conducted.
26. Election and term of office—.
(i) The annual general meeting of the Association, to be held in the first quarter of each financial year, shall elect neither less than 4, nor more than 10 Members including the President, Vice President, Secretary, and Treasurer from Members of the Association. Provided that no member shall be eligible for election if he has been found guilty of misusing the post during his previous term. The term of office of the office-bearers of the Board of management shall be one year from the date of assuming office and they will be eligible for re-election.
Provided that a person can not hold the same post continuously for more than 2 years.
(ii) An arrangement shall be made by the board to ensure that one third of members of the board retire annually.
(iii) The office bearers shall hold office until their successors have been elected and hold their first meeting.
27.Vacancies—The vacancies in the Board caused by any reason other than the removal of a office bearer by a vote of the Association shall be filled by vote of the majority of the remaining office bearers, even though they may constitute less than a quorum and each person so elected shall be a office bearer until a successor is elected at the next annual meeting of the Association.
28. Removal of office bearers—At any regular or special meeting duly called, any one or more of the Office bearers may be removed with or without cause by a majority of apartment owners and a successor may then and there be elected to fill the vacancy thus created. Any Office bearer whose removal have been proposed by the owners shall be given an opportunity to be heard at the meeting.
29. Organisation of meeting—The first meeting of a newly elected Board shall be held within ten days of election at such place as may be fixed by the office bearers at the meeting at which such office bearers were elected and no notice shall be necessary to the newly elected office bearers in order legally to constitute such meeting, provided a majority of the members of the Board shall be present.
30. Regular Meetings—Regular meeting of the Board may be held at such time and such place as may be determined from time-to-time by a majority of office bearers but at least two such meetings shall be held during each year. Notice of regular meetings of the Board shall be given to each office bearer personally or by mail at least three days prior to the date of such meeting.
31. Special Meetings—Special meetings may be called by the President on three days' notice to each office bearer and notice of such meeting may be given personally to each office bearer. Special meetings of the Board shall be called by the President or the Secretary on a written request of at least three office bearers.
32. Waiver of notice—Before any meeting of the Board any office bearer, may in writing waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice.
33. Quorum—In all the meetings of the Board l/3rd of the total strength of the office bearers shall constitute a quorum. If at any meeting of the Board there be less than a quorum present the majority of those present may adjourn the meeting, the members present in person being not less than 3 shall form a quorum and the business which might have been transacted at the meeting originally called may be transacted without further notice.
34. Fidelity Bonds—The Board may require that all officers and employees of the Association handling or responsible for Association funds shall furnish adequate fidelity bonds. The premium on such bonds shall be paid by the Associations.
CHAPTER V OBLIGATION OF THE APARTMENT OWNERS
35.Assessments—All the owners are obliged to pay monthly assessments imposed by Association to meet all expenses related to the ………….. Condominium.. The assessment shall be made on the value of the unit.
36.Maintenance and Repairs—
(1) Every owner must perform all maintenance and repair work within his own unit.
(2) All the repairs of internal installations of the unit such as water, light, gas, power, sewerage, telephone, air-conditioners, sanitary installations, doors, windows, lamps, and all other accessories, shall be at the expense of apartment owner concerned.
(3) The Owner shall re-imburse the association for any "expenditure" incurred in repairing or replacing any common area and facilities damaged due to his fault.
(4) The apartment owner shall obtain police verification report of the proposed tenant from the concern police station while letting out the apartment on rent to ensure that the proposed tenant is not a criminal or troublesome.
37. Major repairs- If a building requires major repairs for its structural safety or other sufficient reason, a detailed estimate thereof shall be got prepared by the association through an engineer to be appointed by the Board and thereupon, after the approval of the estimate by the Board, the members shall contribute their share for carrying out such repairs.
38. Use of Dwelling Units : Internal Changes—
(1) All the Units shall be utilised for residential/approved purposes only.
(2) An owner shall not make any structural modifications or alterations in his unit or installations located therein, without notifying the association in writing and obtaining the requisite permission of the prescribed sanctioning authority. The Association shall have the obligation to answer within thirty days and failure to do so shall mean that there is no objection to the proposed modification, alteration or installation.
(3) No owner shall undertake any work that affects the external facade of the building from any angle i.e. covering of balconies and terraces, change of colour, etc..
(4) No owner shall undertake any work that affects the structure of the building.
(5) No owner shall undertake any work that,-
(i) result in encroachment of common areas,
(ii) result in damage or disturbance of common areas, adjacent upper or lower floors. If any of the above changes are effected by any owner, he will make them good at his own cost, failing which the Association is entitled to effect recovery of the cost of rectification from him.
39. Transfer of an Apartment- The transfer of an apartment shall be made by a registered deed of an apartment The transferor shall produce “no dues certificate” from the association of the apartment owners at the time of the transfer of the apartment;
Provided that if the certificate is not granted and its refusal is not communicated within 15 days after the receipt of the application for its grant, it shall be deemed that the No Dues Certificate has been granted by the Association
Provided further that the transferor of an apartment owner shall pay ½ percent of the transfer value to the association for transferring his apartment to his prospective buyer and such amount shall be kept in a fund by the association for being used in future for the major repairs of the building.
40. Use of Apartments, Common Areas and Facilities and Limited Common Areas and Facilities—
(1) An apartment owner of a residential unit shall use it for only residential purpose and similarly, an apartment owner of a non-residential unit use it for non-residential purposes alone.
(2) No apartment owner would exempt himself from liability for his contribution towards the common expenses by waiver of the use or enjoyment of any of the general and/or limited common areas and facilities, or by the abandonment of his dwelling unit.
(3) An owner shall not place or cause to be placed in the lobbies vestibules, stairways, elevators and other areas of facilities of a similar nature both common and restricted, any furniture, packages or objects of any kind.
Such areas shall be used for no other purpose than for normal transit through them.
(4) If an apartment owner causes any obstruction in the use of the common area or facility by reason of creating an obstruction by putting his furniture and packages etc., and fails to remove it despite a written request of the Association, the Association may approach the competent authority for its removal who will take an appropriate action in accordance to the provisions of law.
(5) If lift and/or elevators are provided in the building, as part of the common areas and facilities, they shall be used by the owners of the apartment and/or their tenants and/or any one claiming under them for the transportation of the owners, the tenant and their guests as also the employees of the owners, their tenants and of the management and heavy article or any other articles, the transportation of which in the lift or elevator along with the owners, tenants or their guests or the employees shall cause discomfort or inconvenience to other users of the lift or the elevators, shall be transported only with the lifts or elevator are not in use by other users; provided this restriction shall not apply, if an elevator or lift is provided for the exclusive transportation of articles, packages, merchandise and such other objects.
(6) In non-residential buildings, the association of apartment owners may manage the parking space by earmarking it for the apartment owners and also separately reserving parking space for the vehicles of the visitors. The association may also levy a parking fee from the visitors to meet the expenses for the management of the parking space of the visitors..
(7) The apartment owners shall use their apartments in a manner which does not spread any smell while cooking food etc. from their apartment to cause any irritation or annoyance to their neighbouring apartment owners.
(8) The convenient shops within the building shall be regulated in a manner that no inconvenience is caused to the apartment owners. Such convenient shops should be to cater the needs of the apartment owners and not the outsiders..
(9) The association of the apartment owners may frame its scheme and regulations for admitting the members of a club situated within the building and it may also frame regulations for permitting the guest of the members.
Such scheme and the regulations would bind the apartment owners as well as the agency which may manage the club.
(10) If the terrace of a building / block is declared as ‘common area and facility’ by the promoter, the association shall maintain it and its maintenance expenses shall be part of the common expenses of the building. Provided that if the terrace or its part is declared by the promoter as ‘limited common area’ or an ‘independent area’, the beneficiary /holder of such terrace or its part shall be bound to keep such terrace in good condition and water proof, failing which the association shall maintain it at its own expense and recover it from the concerned defaulting beneficiary /holder of the terrace.
41.Right of Entry—
(1) An owner shall grant the right of entry to the office bearer or to any other person authorised by the Board in case of emergency whether the owner is resent at the time or not.
(2) An owner shall permit other owners or their representatives when so required to enter his unit for the use of performing installation and alterations or repairs to the mechanical or electrical services provided, that requests for entry are made in advance and that such entry is at a time convenient to the owner, but, in case of emergency, such right of entry shall be immediate.
42. Rules of Conduct—
(1) No resident shall post any advertisement or poster of any kind in or on the building, except as authorised by the Association.
(2) The residents shall exercise extreme care about making noises or the use of musical instruments, radios, television and amplifiers etc. that may disturb others. Residents keeping pets shall abide by the municipal sanitary bye-laws or regulations.
(3) It is prohibited to hang garments, rugs etc. from the windows, balconies or from any of the facades.
(4) It is prohibited to throw garbage or trash outside the disposal places provided for such purpose in the service areas. If such place is not provided, all garbage or trash shall be collected in a vessel and thrown in the municipal dustbin.
(5) No owner, resident or lessee shall install wiring for electrical or telephone installation, television antenna, machines or air-conditioning units etc. on the exterior of the building except as authorised by the Association.
43. Damages: Any damages due to the negligence misuse or fault on the part of an apartment owner, family member (s), or guest (s) shall be the responsibility of the apartment owner. The Association shall charge the apartment owner for such repairs, an amount to cover the cost of time, labour, materials and/ or outside contractors.
The charge must be paid by the apartment owner within 30 days of the demand of the charge.
44. Unlawful activities: The apartment owner, his family or guest (s) shall not engage in any act intended to facilitate criminal activity, including act of violence in the apartment, building or common areas.
45. Visitors /Guests: The visitors / guest (s) of the apartment owner are to be refrained from any conduct which disturbs the privacy and quiet enjoyment of the other apartment owners or occupants. The apartment owners shall be responsible for the actions of their guest (s) who would be expected to abide by all rules and regulations at all times without any exceptions.
CHAPTER VI FUNDS AND THEIR INVESTMENTS