Reminders

rules regulations

MODEL BYE-LAWS

CHAPTER I

PRELIMINARY

 

1. Short title, and application—

(1) These bye-laws may be called the Bye-laws of the Sunrise Apartment Condominium.

(2) The provisions of these Bye-laws apply to the Sunrise Apartment Welfare Society Condominium.

2. Definitions— In these bye-laws, unless the context otherwise requires,—

(a) 'Act' means the Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act 2010.

(b)  'Association' means the Association of all the apartment owners constituted by the such owners for the purpose of the Sunrise Apartment condominium;

(c) 'Board' means the Board of management consisting of 4 to 10 Office Bearers who shall be the owners of apartments in the Sunrise Apartment condominium;

(d) 'Building' means the building located at Sunrise Apartment, Sector-P, Mansarovar Yojana, Kanpur Road, Lucknow and known as the Sunrise Apartment Condominium and includes the land forming part thereof;

(e) 'Majority' of owners means those owners holding 51 per cent of the votes.

(f) 'Owners' or 'apartment owners' means the person owning an apartment in the Sunrise Apartment condominium;

(g) 'Section' means a section of the Act;

(h) 'Unit' means a Dwelling or Non-dwelling Unit in the Sunrise Apartment condominium;

(i) 'Registrar' means the Registrar under the provisions of the Societies Registration Act.

3.   Objects of Association

(1) The objects of the Association shall be—

(a)    to be and to act as the Association of Apartment owners of the building called Sunrise Apartment. (hereinafter called the said building).

(b)    to invest or deposit money;

(c)     to provide for maintenance, repair and replacement of common areas and facilities by contributions  from the apartment owners and if necessary by raising loans for that purpose;

(d)   to retain and rent out on license suitable portions of the common areas to outsiders for commercial purposes if all the members agree and give written consent  after  obtaining  the  permission  of  the  concerned  authority  and  to accumulate the same for making a reserve fund; to be used for major repairs of   the building.

(e)    to provide for and do all or any of the matters provided in sub-section (7) of section 14.

(f)    to advance with the consent of the apartment owners, any short-term loan to any apartment owner(s) in case of any emergent necessity and to provide for the repayment thereof in lump sum or in instalments;

(g)   to  establish  and  carry  on,  on  its  own  accord  or  jointly  with  individuals or institutions,  educational,  physical,  social  and  recreative  activities  for  the benefit of the apartment owners;

(h)  to frame rules with the approval of the general meeting of the Association and  after  consulting  the  Competent  Authority  and  to  establish  a  provident fund and gratuity fund, if necessary for the benefit of the employees of the Association ;

(i)    to do all things necessary or otherwise provide for their welfare expedient for the attainment of the objects specified in these bye-laws.

(2)    The  Association  shall  not  act  beyond  the scope  of  its  objects without  duly amending the provisions of these bye-laws for the purpose.

4.      Members of Association—

(1)    All persons who have purchased apartments in Sunrise Apartment condominium and executed  a deed of apartment,  shall automatically  be  the  members  of  the Association  and  will  pay  the  entrance  fee  of  one  thousand  rupees.  Each apartment owner shall receive a copy of the bye-laws.

(2)   Upon  the  sale,  bequest  or  transfer  of  apartment,  the  purchaser  of  the apartment  or  the  grantee  or  legatee  or  the  transferee  shall  automatically become the member of the Association and shall be admitted as member on payment of the entrance fee of one thousand rupees.

5.     Joint Apartment Owners— Where apartment has been purchased jointly by two or more persons, they shall be jointly entitled to the apartment and the share certificates shall be issued in their joint names, but the person whose name stands first in the share alone have the right to vote.

6.     Holding one share compulsory— Every apartment owner must hold at least one share of the Association.

7.     Disqualification— No apartment owner is entitled to vote on the election of members of the Board or President, Vice President, Secretary, Treasurer or any other office bearer or entitled to stand for election to such office, if he is in  arrears,  of  any  sum  due  from  him  in  respect  of  his  contributions for common  expenses,  for  more  than  sixty  days  on  the  last  day  of  the  year preceding the year in which the election to Board would take place.

CHAPTER II

VOTING, QUORUM AND PROXIES

 

8.     Voting—Voting shall be on percentage basis, and the percentage of the vote to which the owner is entitled is the percentage assigned to the Dwelling unit or units in the Declaration.

9.     Quorum— Except as otherwise provided in these bye-laws, the presence in person of 30 percent of owners shall constitute a quorum.

10.  Votes  to  be  cast  in  person—Votes  will  be  cast  in  person. Except as otherwise provided resolution of the Association shall require approval by a majority of owners casting votes in person or proxy.

CHAPTER III

ADMINISTRATION

11. Powers and duties of Association— The Association shall have the responsibility of administering  the Sunrise Apartment condominium,  approving  the annual  budget,  establishing and  collecting monthly assessments and arranging for the management of the condominium in an efficient manner.

12. Place of Meetings — Meetings of the Association shall be held at a suitable place  convenient  to  the  owners  as  from  time  to  time  to  be fixed  by  the Association.

13. Annual  Meetings—The first meeting of the Association shall  be  held  on 15 March 2017. Thereafter the annual meetings of the Association shall be held on such date as the Association may decide. At such meetings Board of Management  shall  be  elected  by  ballot  of  the  apartment owners in accordance  with  the  requirements  of  bye-law 23. The owners may also transact such other business of the association as may properly come before them.

14. Special  Meetings—It  shall  be  the  duty  of  the  President  to  call  a  special meeting  of  apartment  owners  as  directed  by  a  resolution  of  the  Board  or upon  a  petition  signed  by  a  majority of the  owners  and  having  been presented to the Secretary or at the request of the Competent Authority or as the case may be, or any officer duly authorised by him in this behalf. The notice of any special meeting shall state the time and place of such meeting and the purpose thereof.     No other business shall be transacted at a special meeting  except  as  stated  in  the  notice  without  the  consent  of  two-third owners present in person in the meeting.

15. Notice of Meetings—It shall be the duty of the Secretary to mail or send notice of each annual or special meeting, stating the purpose thereof as well as the time and place where it is to be held to each apartment owner at least two days but not more than seven days prior to such meetings. Notices of all such  meetings  shall  be  mailed  or  sent  to  the  competent  authority,  or  the registrar as the case may be.

16. Adjourned Meeting— If any meeting of owners cannot be held for want of quorum the owners who are present, may adjourn the meeting to a time not less than forty-eight hours from the time to original meeting was called. If at such adjourned meeting also, no quorum is present, the owners present in person being not less than two shall form a quorum.

17.   Order  of  Business—The  order  of  business  at  all  meetings  shall  be  as follows:-

a)   Roll Call.

b)   Proof of notice of meeting or waiver notice.

c)   Reading minutes of the preceding meeting.

d)   Reports of officers.

e)   Reports of Competent Authority or any officer authorised by them.

f)     Report of Committee.

g)   Election of Board.

h)   Unfinished business, if any.

i)     New Business.

CHAPTER IV

BOARD OF MAGAGEMENT

18. Management of Association—The affairs of the association shall be governed by a Board. The Board of Management shall comprise of neither less than  4, nor more  than  10  persons  to  be  constituted  and  elected  by  the  members  by  simple majority in the General Body Meeting. The principal office bearer of the Association shall be a President, a Vice-President, a Secretary and a Treasurer, all of whom shall be elected by and from the Board. The Board may appoint an Assistant Secretary and an Assistant  Treasurer and such other Office bearer as the Board may consider necessary.

19. President — The President shall be the Chief Executive Officer of the Association. He shall preside over all meetings of the Association and of the Board. He shall have all the general powers and duties which are usually vested in the office of the President of an Association, including the power to appoint committees from amongst the owners from time to time.

20.  Vice-President — In the absence of the President the Vice-President  shall perform the duties of the President and in case both the President and the Vice President are absent, the Board shall appoint some other member of the Board to act as President on an interim basis. The Vice-President shall also perform such other duties as may from time to time assigned to him by the Board.

21. Secretary — The Secretary shall keep two separate minutes books, one for the Association of the Apartment Owners and the other for the Board, pages of each of which shall be consecutively numbered and authenticated by the President of the Association of Apartment Owners and shall record in the respective minutes books, the resolutions adopted by the Association of Apartment Owners or the Board, as the case may be. He shall have charge of such books and papers as the Board may direct and he shall perform all duties incidental to the office of the Secretary.

22.  Treasurer—The  Treasurer  shall  be  responsible  for  Association  funds  and securities  and  shall  also  keep  full  and  accurate  accounts  of  all  receipts  and disbursements in the books.

23.  Manager — The  Board  may  employ  for  the  Association  a  manager  at  a compensation determined by the Board to perform such duties as the Board may authorize.

24. Powers and Duties of the Board — The Board shall have powers and duties necessary for the administration of the affairs of the Association.

25.  Other  Duties — In  addition  to  the  duties  imposed  by  these  bye-laws  or  by resolution of the Association, the Board shall be responsible for the following :—

(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 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. Organization 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 Sunrise Apartment 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 reimburse 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 utilized 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  nonresidential 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 neighboring 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 present 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 faults 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

46.   Funds— Funds maybe raised by the Association in all or any of the following ways:-

(a)    by shares;

(b)    by contributions and donations by the apartment owners;

(c)     from common profits which shall form the nucleus of the reserve funds;

(d)    by raising loans, if necessary, subject to such terms and conditions as the Association, with the approval of the Competent Authority, may determine in this behalf.

47. Investment— The association may invest or deposit its funds in one or more of the following:

(a)    in the Central Co-operative Bank or in State Co-operative Bank; or

(b)    in any of the securities specified in section 20 of the Indian Trust Act, 1882; or

(c)     in any Co-operative Bank other than referred to in clause (a) or in any Banking Company approved for this purpose by the Association.

48.   Affiliation - The Association shall become a member of a federation of the Associations of Apartment Owners and shall pay the subscription to it from time to time and shall also follow the instructions and directions issued by such federation.

49. Accounts—

(1) The Association shall open a banking account and deposit the money received on behalf of the Association. The Secretary may retain in his personal custody an amount not exceeding Rs. 20000/- for petty expenses. All payments above Rs. 2500/- shall be made by cheque, signed by the Secretary and one member of the Board.

(2) Each apartment owner shall have a passbook in which the Secretary shall enter amounts paid to or received for his share in receipts of profits from common areas and contributions towards common expenses and his share of the assessment and other dues if any, in respect of his apartment.

(3) The Association shall on or before the 31st day of July in each year publish an audited financial statement in respect of the common areas and facilities containing,-

(a)  the profit and loss accounts;

(b)  the receipts and expenditure of the previous financial year; or

(c) a summary of the property and   assets and liabilities of the common areas and facilities  of  the    association  giving  such  particulars  as  will  disclose  the  general nature of these liabilities and assets and how the value of fixed assets have been arrived at.

(4)  The  audited  financial  statement  shall  be  opened  to  the  inspection  of  any member of the Association during office hours and a copy shall be submitted to the Competent Authority not later than the 15th day of August of every year.

(5)  Every  financial  statement  shall  be  accompanied  by  a  list  of  the  apartment owners and the similar list of loanees.

(6) The association shall send a summary of its audited   financial statement to its every apartment owner within a period of 15 days from the date of the publication of its audited financial statement referred to in sub-clause (3) above.

50. Publication of Accounts and Reports — A copy of the last financial statement and of the report of the auditor, if any, shall be kept in a conspicuous place in the office of the Association.

 

51. Appointment of Auditors — The Association shall appoint at its general meeting an auditor who shall audit the accounts of the Association to be prepared by the Board.

52. Power of Auditor—The auditor shall be entitled to call for and examine any papers  or  documents belonging  to  the  Association  relating  to  the  common  areas and  facilities  and  common  expenses  and  shall  make  a  special  report  to  the Association upon any matter connected with the accounts which appears to him to require notice.

CHAPTER VII

MORTGAGES

53.   Notice to Association—If an owner mortgages his unit,  he shall notify the Association  through  the  office  bearer  or  President  of  the  Board,  the  name  and address of the mortgagee and the Association shall maintain such information in a book entitled "Mortgagees of Units".

54.   Notice of un-paid Assessments—The Association shall, at the request of a mortgagee of a unit, report any un-paid assessment due from the owner of such unit.

CHAPTER VIII

COMPLIANCE

55.   Compliance—These bye-laws are set forth to comply with the requirement of the Act. In case any of these bye-laws conflict with the provisions of the Act it is hereby agreed and accepted that the provisions of the Act shall prevail.

56.   Seal of the Association—The Association shall have a common seal which shall be in the custody of the Secretary and shall be used under the authority of a resolution of the Board and every Deed of Instrument to which seal is affixed shall be attested for and on behalf of the Association by two members of the Board and the Secretary or any other person authorised-by the Association.

CHAPTER IX

57.     Power of competent authority to inspect the building

The competent authority, suo motu or on an application, may make an inspection of the building to which the Act applies. A memo of inspection may also be prepared by the competent authority about the status of the building including the common areas and facilities and, thereupon, the competent authority may take such action in respect thereto as may be deemed necessary by him.

CHAPTER X

AMENDMENTS TO PLAN OF APARTMENT OWNERSHIP

58.      Amendment  of  Bye-Laws — These  Bye-laws  may  be  amended  by  the Association in a duly constituted meeting for such purpose and no amendment shall take effect unless approved by owners representing at least two third of the total number  of  the  units  in  the  building  with  the  prior  approval  of  the  competent authority.