(1) Every property shall be administered in accordance with such bye-laws as may be framed by the Competent authority with the prior approval of the State Government.
(2) The bye-laws shall provide for the following amongst other 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 Bye-laws.
117 The West Bengal Apartment Ownership Act, 1972.
[West Ben. Act XVI of 1972.]
(Section 14-18.)
Board to retire annually, the powers and duties of the Board; the honorarium, if any, of the members of the Board;
the method of removal from office of members of the Board; the powers of the Board to engage the services of a Secretary or Manager, delegation of powers and duties to such Secretary or Manager;
(b) method of calling meetings of the apartment owners and the number to constitute a quorum;
(c) election of a President who shall preside over the meetings of the Board and of the Association of Apartment Owners;
(O maintenance, repair and replacement of the common areas and facilities and payments therefor,
(e) manner of collecting share of the common expenses from the apartment owners;
(f) any other matter considered to be necessary for the administration of the property.
Separate assessment.
Charge for property of common expenses.
Liability for unpaid common expenses.
14. Notwithstanding anything to the contrary contained in any law for the time being in force, 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 municipal rates and taxes.
15. 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 prior to all other charges, except charge, if any, on the apartment for payment of municipal rates and taxes.
16. Upon the sale of an apartment, the purchaser of the apartment shall be jointly and severally liable with the vendor for all unpaid assessments against the latter for his share of the common expenses up to the time of the sale.
Power to 17. The State Government may make rules for carrying out the make rules. purposes of this Act.
Removal of
18. For the removal of doubts, it is hereby declared that the provisions doubts. of the Transfer of Property Act, 1882, shall, in so far as they are not 4 of 1882.
-inconsistent with the provisions of this Act, apply to every apartment together with its undivided interest in the common areas and facilities as those provisions apply in relation to any other immovable property.
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