We are Happily inform that our apartment association registration has been done.Our member Sri Tejesh put his sincere effort during this process.Let us we are saying thank you very much to him .Now I am here enclose the tentative Bye-Laws of apartment association.Any modifications/suggestions comment here.Bye-laws is must to open the Bank account or any other future correspondence.These bye-laws duly attested by notified Lawyer.Then only it will come to the force.Please give your valuable suggestions.
Bye laws of an
apartment
Bye-Laws
of
The Sreenivasam
Apartment Owner’s Association
(These
bye-laws are in line with Model Bye laws, Form V under AP Apartments (Promotion
of Construction and Ownership) Act and Rules, 1987)
1. Short
title and Application: -- (1) These
Bye-Laws may be called Bye-Laws of the The Sreenivasam
Apartment Owner’s Association
2. The provisions of these
bye-laws apply to the all present or future owners, tenants, future tenants, or
their employees, or any other person that might use the facilities of the
building in any manner at, The Sreenivasam and are subject to the regulation set-forth in these bye-laws. The
mere acquisition or rental on taking or license of any of the family units
(hereinafter referred to as “units”) of the building or mere act of occupancy
of any of the said units will signify that these bye-laws are accepted,
ratified, and will be complied with.
3. Definition:-- (1) in these bye-laws unless the context otherwise requires---
(a) “Act” means the Andhra Pradesh Apartments
(Promotion of Construction and Ownership) Act,1987 (Act No.29 of 1987);
(b) ‘Association’ means the Association of all
the Apartments Owners constituted by such owners for the purpose of the
co-operation amongst Apartment owners to do all acts in furtherance of the
objective of The Sreenivasam Apartment owner’s
Association;
(c) “Board” means a Board of managers
consisting of President, Vice President, Secretary, Joint-Seceratry, Treasurer,
Joint-Treasurer all of whom shall be owners of Apartments’ in the The Sreenivasam,
(d) “Building” means the building located at, addgutta,
Sreenivasam apartment,Addagutta society,Hyderabad-96and Known as The Sreenivasam Apartments, and includes the land forming part thereof;
(e) “Declaration” means the declaration which the
sole owner of the building or all the owners of the buildings have executed and
registered as provided in Section 2 ;
(f) “Majority of Owners” means those
owners holding 51 percent of the votes in accordance with the percentage
assigned in the Declaration ;
(g) “Owners” or “Apartment Owner” means the
person Owning an apartment in the The Sreenivasam
(h) “Section” means a section of the Act ;
(i) “Unit” means a family unit in the The Sreenivasam ;
(j) “Registrar” means the Registrar
of Co-operative Societies ;
(k) “Rules” means the rules framed under
the Andhra Pradesh Apartments (Promotion of Construction and Ownership) Act,
1987 (Act No. 29 of 1987).
(2) Words and expressions used in these bye-laws but not defined
herein shall have the meaning respectively assigned to them in the Act.
3. Apartment Ownership: --- The building located at ICICI Bank,Addagutta
Society and Known as The Sreenivasam is submitted to the provisions of the Act.
4. Objects of Association:
---
(1)
the object of the Association shall be ---
(a)
To be and to Act as the Association of Apartment Owners of the building called
The Sreenivasam
located at ICICI Bank, Addagutta society,Hyderabad-96, Hashmatpeh Secunderabad
500009 (Hereinafter called “the said building”) who have
their respective declaration submitting their apartments to the provision of
the Act;
(b) To
invest and use funds of the Association for the general welfare of the members;
(c) To
provide for the maintenance, repair and replacement of the common areas and
facilities by contribution from the apartment Owners, and if necessary, by
raising loans for that purpose;
(d) To
ensure basic amenities like clean drinking water (both in quantity and
quality), bore-well water in adequate quantities, common power and other
facilities services, amenities that are needed for the common good and welfare
of the members;
(e) To take
possession of all common areas and facilities in the premises
of Mansarovar Heights -3 like the Compound wall, open
land, open space on terrace, driveways, common parking areas,
children’s recreation, club house, swimming pool, common corridors,
staircases, terraces, generators , submersible pumps, transformers, circuit
breakers, electricity meter rooms, lifts, lift room, association
maintenance office, open shafts, common toilets, water pumps, storage tanks,
water piping system, drainage system, electricity distribution system, cable
television wiring system, telephone wiring system, association office room on
terrace ,if any etc.,from the promoter;
(f) To
take care of periodical painting, distempering of the exterior of the block and
common areas in the interior and to undertake repairs, replacements or other
general water, electric and other equipments, machinery etc., belonging to the
Association;
(g) To
retain and rent or license if possible, suitable portion of the common areas to
outsiders for commercial purpose and to distribute the common expenses among
the apartment owners as common profits or accumulate the same for building up a
reserve fund;
(h) To
provide for and do all and any of the matters provided in sub – Section (2) of
Section 18 of the Act;
(i) To
advance with the consent of the apartment owners, any short term loans to any
apartment owners in case of any emergent necessity and to provide for the
benefit of the apartment owners;
(j) To
establish and carry on, on its own account or jointly with individual or
institution, education, physical, social and recreational activities for the
benefit of the apartment owners ;
(k) To
frame rules, with the approval of the general meeting of the association and
after consulting the competent authority and may establish a provident fund and
gratuity fund, if necessary, for the benefit of the employee of the Association
;
(l) to
do all things necessary or and otherwise for enhancing co-operation amongst the
flat owners for improving and enhancing the experience of staying at Mansarovar
Heights -3 and provide for their welfare expedient of the attainment of the
objects specified in these bye – laws;
(m) To
organise, establish and run social, educational, cultural, recreational and
other facilities for the welfare of the residents/members;
(n) To improve, alter/repair, reconstruct, and
incur capital expenditure for special repairs to the common areas of any part
of the premises in accordance with the law and decisions taken by majority of
the members of the Association. A corpus fund shall be maintained for the
purpose and the same shall be collected;
(o) To be of assistance to members in whatever
manner possible to solve the common problems and promote a feeling of oneness
of a happy family through mutual co-operation;
(p) To
control the use of common parking space and its allocation amongst the flat
owners etc.,
(q) To
frame, amend or substitute the rules and clauses of bye-laws, with approval of
the General Body meeting of the Association, after consulting the Competent
Authority to ensure Bye-laws are in line with model bye-laws indicated at Form
V of AP Apartments (Promotion of Construction and Ownership) Rules, 1987.
(r) To
do all things necessary or expedient for the accomplishment of the aforesaid
objects of the Association.
(s) The
Association shall not act beyond the scope of its objects without duly amending
the provision of this bye – laws for the purpose.
5. Members
of association: --- (1) All persons who have purchased
apartments in the and
Known as The Sreenivasam, Addagutta society,Hyderabad-96,
Hashmatpet Secunderabad 500009 and executed respective
Declaration under section 5 submitting their apartments to provision of the Act
shall automatically be the member of the Association and shall pay the sum of
one hundred rupee as entrance fee and shall purchase one share of
the face value of Rs 1000/- each. Each apartment owner shall receive a copy of
the bye – laws on payment of one hundred rupees.
(2) Upon
any apartment owner selling his apartment, or absolutely conveying the same by
way of gift under his will or otherwise, the purchaser or donee shall
automatically become a member of the association, and shall be admitted as
member on payment of the entrance fee of one hundred rupee. The share held by
an apartment owner shall be transferred to the name of such purchaser or donee
on payment of ten thousand rupee to the Association.
(3) On
death of an apartment owner, his apartment shall be transferred to the person
to whom he bequeaths the same by his will, or to the legal representative of
his Estate, in case he has made any specific bequest of the apartment. The name
of the legatee or the names of the legal representative jointly shall be
entered in the register of apartment owners maintained by the secretary for the
purpose of administration of the The
Sreenivasam Apartment owner’s Association as apartment
owners. Where any legatee is a minor, the apartment owner shall be entitled to
appoint a guardian of such minor.
6. Joint apartment owners: --- Where
an apartment has been purchased by two or more persons jointly, they shall be
jointly entitled to the apartment and the shares of the Association shall be
issued in their joint names, but the person whose name stands first in the
share certificate shall alone have the right to vote.
7. Holding of one share Compulsory:
---- Every apartment owner must hold one share of the
Association (Joint apartment Owners holding the shares jointly)
8. Disqualifications: --- No
apartment owner shall be entitled to vote on the question of the election of
members of the Board or the President, Vice President, Secretary, Joint
Secretary, Treasurer, Joint Treasurer or any other office bearer or be entitled
to stand for election to such office if he is in arrears of any sum due from
him in respect of his contribution for common expenses, for more than sixty
days on the last day of the year preceding the year in which the election to
the Board would take place.
CHAPTER II
VOTING, QUORUM AND PROXIES
9.
Voting: ---- Voting shall be on “one Apartment one vote basis”.
10.
Quorum: ---- Except as otherwise provided in these
bye-laws, the presence in the person of a majority of the owners shall
constitutes a quorum.
11. Votes
to be cast in persons: --- Votes shall be cast in
person.
CHAPTER III
ADMINISTRATION
12. Powers
and duties of Association: --- The Association will have
the responsibilities of administering the The Sreenivasam Apartments, approving the
annual budget establishment and arranging for the management of the Apartments
in an efficient manner. Except as otherwise provided, resolutions of the
association shall require approval by a majority of the owners, casting votes
in person.
13. Place of meetings:
---- Meeting of the Association shall be held at suitable place convenient to
the owners as may from time to time be designated by the Association.
14. Annual
meetings: --- The first annual meeting of the association
shall be on 15-10-2011. Thereafter, the annual meeting of the Association shall
be on the 2nd Sunday of June each succeeding year. At such
meeting there shall be elected by ballot of the apartment owners a Board 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.
15. Special meetings: --- It
shall be the duty of the President to call a special meeting of the apartment
owners as directed by a resolution of the boards or upon a petition signed by a
majority of the owners and having been presents to the secretary, or at the
request of the competent Authority appointed under the Act, or as the case may
be, the registrar of the Co-operative Society or any Officer duly authorized 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 expect as stated in the notice without the
consent of four-fifth of the owners present in person.
16. Notice of Meetings: --- It
shall be the duty of the secretary to mail or send a 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 2 but not more than 7 days prior
to such meeting. The mailing or sending of a notice in the manner provided in
this bye-law shall be considered notice served. Notice of all meeting shall be
mailed or sent to the Competent Authority or as the case may be, the register
of Co-operative Society.
17.
Adjourned meetings: --- If any meeting of owners cannot
be organized because a quorum has not attended the owners who are present, may
adjourn the meeting to a time not less than forty-eight hours from the time the
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.
18. Order of business: ----
The order of business at all meeting of the owner of units shall be as follows:
--
(a) Roll
call.
(b) Proof
of notice of meeting or waiver of notice.
(c)
Reading of Minutes of proceeding meeting.
(d)
Reports of officers.
(e)
Reports of the Competent Authority, or the Registrar of Co operative Society or
of the officer duly authorized by them, if present.
(f) Report
of committees.
(g)
Election of Board.
(h)
Unfinished Business, if any.
(i) New
Business.
CHAPTER IV
BOARD OF MANAGERS
19. Management of Association: -- The affairs of the Association shall be governed by a board.
20. Powers and duties of board:
--- The Board shall have the powers and duties necessary for the administration
of the Association, and may do all such acts and things as are not by law or by
these bye – laws directed to be exercised and done by the owners.
21. Other duties: --- In addition to
duties imposed by these bye- laws or by resolution of the Association, the
board shall be responsible for the following that is to say: --
(a) Care, upkeep and surveillance of the The Sreenivasam
Apartments and the common areas and facilities and the
restricted common areas and facilities;
(b) Collection of monthly assessments from the owners;
(c) Designation, employment, remuneration and dismissal of the
personnel necessary for the maintenance and operation of the The Sreenivasam
Apartment the common areas and facilities and the
restricted 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 and/or the treasurer, and examine the register and account books and
to take steps for the recovery of all sums due to the Association;
(f) To sanction working expenses, count cash balance and deal with
other miscellaneous business;
(g) To see that cash book is written up promptly and is signed
daily by one of the members of the boards authority in this behalf;
(h) To here and deal with complaints.
22. Manager: -- The board
may employ for the Association a manager at a compensation determined by the
board to perform such duties and services as the boards shall authorize
including, but not limited to the duties listed in bye-laws 21.
23. Election and term of office: --- At
the first annual meeting of the Association, the term of office of two managers
shall be fixed for three years. The team of office of two managers shall be
fixed at two years, and the team of office if one manager shall be fixed at one
year. At the expiration of the initial term of office of each respective
manager, his successor shall be elected to serve a term of three years. The
manager shall hold office unit their successors have been elected and hold
their first meeting. (if a large board is contemplated , the terms of office
should be established in a similar manner so that they will expire in different
years)
24. Vacancies: --- Vacancies
in the boards cause by any reason other than the removal of a manager by a vote
of the Association shall be filled by vote of the majority of the remaining
managers, even though they may constitute less than a quorum; and each person
so elected shall be manager until a successor is elected at the next annual
meeting of the Association.
25. Removal of manager: --- At
any regular or special meeting duly called any one or more of the managers may
be removed with or without cause by a majority of the apartment owners and a
successor may then and there be elected to fill the vacancies thus created. Any
manager whose removal has been proposed by the owners shall be given an
opportunity to be heard at the meeting.
26. Election of officers: --- The
officer of the Association shall be elected by the boards at the organization
meeting of each new board and shall hold office at the pleasure of the board.
27. Removal of Officers: ---
Upon an affirmative vote of a majority of the members of the boards any officer
may be removed, either with or without cause, and his successor elected at any
regular meeting of the board or at an special meeting of the board called for
such purpose.
28. President: --- The president
shall be the chief Executive officer of the Association. He shall preside at
all meeting of the Association of the general power and
duties which are usually vested in the office of president of an Association,
Including, but not limited to, the power to appoint committees from among the
owners from time to time as he may in his discretion decide to be appropriate
to assist in the conduct of the affairs of the Association.
29. Vice-President: --- The
Vice-president shall take the place of the president and perform his duties
whenever the president shall be absent or unable to act. If neither the
president nor the Vice-president is able to act, the board shall appoint some
other member of board so to act on an interim basis. The Vice-president shall
also perform such other duties as shall from time to time be imposed upon him
by the board.
30. Secretary: --- The Secretary
shall kept the minutes of all meeting of the Association, he shall have charge
of such books and papers as the Board ma7y direct, and shall, in general,
perform all the duties incidental to the office of secretary.
30A Joint Secretary:-- The Joint
Secretary shall take the place of the Secretary and perform his
duties whenever the secretary shall be absent or unable to act
31. Treasurer: --- The treasurer
shall be responsible for Association funds and securities shall also be
responsible for keeping full and accurate accounts of all receipts and
disbursements in books belonging to the Association. He shall be responsible
for the deposit of all moneys and other valuble effects in the name and to the
credit, of the Association in such depositaries as may from time to time be
designated by the Board.
31A Joint Treasurer:- The Joint
Secretary shall take the place of the Treasurer and perform his
duties whenever the treasurer shall be absent or unable to act.
CHAPTER V
OBLIGATIONS OF THE APARTMENT OWNERS
32. Assessment: --- All owners are
obliged to pay monthly assessments imposed by the Association to meet all
expenses relating to the The Sreenivasam Apartments, which
may include an insurance premium for a policy to cover repair and
reconstruction work in case of hurricane, fire, and earthquake or other hazard
or calamity. The assessment shall be made pro-rata accordingly to the value of
the unit owned as stipulated in the declaration. Such assessments shall include
monthly payment to a general Operating reserve fund for replacements.
33. Maintenance and repair: --- (1) every owner must perform promptly all maintenance and
repair work within his own unit, which if omitted would affect the The Sreenivasam
Apartments in entirely or in a part belonging to other owners,
being expressly responsible for the damages and liabilities that his failure to
do so may endanger.
(2) All the repairs of internal
installation of the units as water, light, gas, power, sewage, telephone,
air-conditioners, sanitary installation, doors, windows, lamp and all other
accessories belonging to the unit area shall be at the expense of the apartment
owner concerned.
(3) An Owner shall reimburse the Association for
any expenditure incurred in repairing or replacing any common area facility
damaged through his fault.
34. Use of family units-internal changes: --- (1) All units shall be utilized for residential purpose only.
(2) An Owner shall
not make any structural modification or alterations in his unit or installation
located therein without previously notifying the Association in writing, through
the president of the board if no manager is employed. The Association shall
have the obligation to answer within thirty days and failure to do so within
the stipulated time shall mean that there is no objection to the proposed
modification, alteration or installation.
35. Use of common areas and facilities and restricted common areas
and facilities: --- (1) An owner shall not place or cause
to be placed in the lobbies’ vestibules, stairways, elevators and other areas
of The Sreenivasam Apartments and 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 them.
(2) The The Sreenivasam
Apartments have elevator in pairs marked as A & B. B
elevators are devoted to the transportation of the owners and their guest and A
elevators for freight service or auxiliary purpose. Owners and tradesmen are
expressly required to utilise exclusively a freight or service elevator for
transporting packages, merchandise or any other object that may affect the
comfort or well-being of the passengers of the elevators dedicated to the
transportation of owners, residents and guests1.
36. Right of Entry: --- (1) An owner shall grant the right of entry to the manager or to
any other person authorized by the board or the Association in case of any
emergency originated in or threatening his unit, whether the owner is present
at the time or not.
(2) An owner shall permit other owner, or
their representative, when so required to enter his unit for the purpose of
performing installation, alteration or repairs to the mechanical services
provided that request for entry are made in advance and that such entry is at a
time convenient to the owner. In case of an emergency, such right of entry
shall be immediate.
37. Rules of Conduct: --- (1) No resident of the The Sreenivasam Apartments shall
paste any advertisement, or posters of any kind in or on the building except as
authorized by the Association.
(2) Residents shall exercise care about making noises
or the use of musical instrument, radios, television and amplifiers that may
disturb others. Residents keeping domestic animals 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 of the The Sreenivasam
Apartments
(4) It is prohibited to dust rugs, etc. , from the windows, or to
clean rugs, etc. , by beating on the exteriors part of the said Apartment.
(5) It is prohibited to throw garbage or trash outside the
disposal installations provided for such purpose in the service areas. If such
installation is not provided all garbage or trash shall be collected in a
vessel and thrown in the municipal dust bin.
(6) No owner, resident or lessee shall install wiring for
electrical or telephone installation, television antenna.
CHAPTER VI
FUNDS AND THEIR INVESTMENTS
38. Funds: --- funds may be raised by the Association
in all or any of the following ways, namely:
(a) By shares.
(b) By contributing and donating from the apartment owners.
(c) From common profit which shall form the nucleus of the reserve
fund.
(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.
39. 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 the State Co operative
bank; or
(b) In any of the securities specified in section 23 of the Indian
Trusts Act 1882; or
(c) In any Co operative bank other than those referred to in
clause (a) of this bye-Law or in any banking company approved for this purpose
by the Association.
40. Affiliation: ---- Should there be any federation
of apartment owners in the locality in which the The Sreenivasam
Apartments is situated the association may after
consulting the competent authority, become a member thereof, and pay the sum
from time to time payable to such federation under the rules thereof.
41. Accounts; --- (1a) A Banking
accounts shall be opened by the Association, into which all money received on
behalf of the Association shall be paid. For every payment received a numbered
receipt with seal of the Association shall be issued to payee.
(1b) All payment above Rs1000/- Shall be made by cheque signed by
the President/Vice President and Secretary/Treasurer.
(2) Each apartment owner shall have a pass book in which the
Secretary shall enter amount paid to or received for his share in respect of
profits from common areas and contributions towards common exp. And his share
of assessment and other dues, if any, in respect of his apartment.
Alternatively on-line account shall be maintained which can be viewed and
printed by the owner.
(3) The Association shall, on or before 31st July
in each year, publish an audited annual financial statement in respect of the
common areas and facilities containing: ---
(a) The profit and loss account;
(b) The receipts and expenditure of the previous financial years;
and
(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 has arrived at.
(4) The audited financial statement shall be open to the
inspection of any member of the Association during office hours and in the
office of the Association and a copy thereof, shall be submitted to the
competent authority not later than 15th August every year.
(5) Every financial statement shall be accompanied by a complete
list of the apartment owners. There shall also accompany the financial
statement a similar list of loanees. The financial statement shall state up to
what date profit and expenses of common areas are included.
42. 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.
43. Appointment of auditor: --- The
Association shall appoint at its general meeting, an auditor who shall audit
the Accounts of the Association to be prepare by the board as herein before
provide and shall examine the annual returns, and verify the same with the
accounts relating thereto and shall either sign the same as found by him to be
correct, duly vouched and in accordance with law, or specially report to the
Association in what respect he finds it incorrect, un-vouched or not in
accordance with law.
44. Power of Auditor: --- The Auditor shall be entitle to call for and examine any papers or
documents belonging to the Association relating to the common areas and
facilities (including limited 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 require notice.
CHAPTER VII
MORTGAGES
45. Notice to association; --- An
owner who mortgages his unit, shall notify the Association through the manager,
if any, or the president of the board in the event there is no manager, the
name and address of his mortgagee; and the association shall maintain such
information in a book entitled ”Mortgagee of units.”
46. Notice of unpaid assessment:
--- The Association shall at the request of a mortgagee of
a unit report any unpaid assessments due from the owner of such unit.
CHAPTER VIII
COMPLIANCE
47. Compliance: --- These bye-laws are
set forth to comply with the requirement of the Andhra Pradesh (Promotion of
Construction and Ownership) Act, 1987. In case any of these bye-laws conflict
with the provision of the said Act, it is hereby agreed and accepted that the
provisions of the Act will apply.
48. Seal of the Association:
---- The Association shall have a common seal be in the
custody of the secretary, and shall be used only under the authority of a
resolution of the board and every deed of instrument to which the seal is
affixed shall be attested for or on behalf of the Association by two members of
the board and the secretary or any other person authorized by the association
in that behalf.
CHAPTER IX
AMENDMENT TO PLAN OF APARTMENT OWNERSHIP
49. 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
approval by owners representing at least 75 per cent, of the Apartment Owners
in the The Sreenivasam Apartments as shown in the
declaration.
CHAPTER X
Penalties
1. The manager or Board of managers of The Sreenivasam Apartment
owner’s Association, may after due notice of not less than 7 days, for just and
sufficient cause, cut off, withhold or in any manner curtail or reduce any
essential supply or service enjoyed by an apartment owner. The cost of
restoration of service shall be payable by the Apartment owner. (refer section
21 of The AP Apartments (Promotion of Construction and Ownership) Act, 1987
Violation of any part of the bye laws resulting in expenditure to
restore The Sreenivasam Apartments to original
condition by association; shall be recoverable form the
apartment owner who caused such damage.
