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Bye—Laws 2015 JVVFOWA Greater Noida

(Amar Das Rathore) (BP Singh) (VP Singh) (Alok Bansal) (S Bahadur) (MK Roy) (AC Sharma,VSM) (A Ghosal, VSM)

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BYE-LAWS -2015

JAL VAYU VIHAR

FLAT OWNERS WELFARE ASSOCIATION

GREATER NOIDA

(JVVFOWA) Bye-Laws 2015 JVVFOWA Greater Noida are in consonance and follow basic

tenets of Uttar Pradesh Model Bye-Laws 2011 issued under Uttar Pradesh

Shashan Awas Evam Sahkari Niyojan Anubhag-I notification No. 3977/8-1-11-

115D.A/02T.C-I Lucknow dated 16 November 2011.



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ADOPTION OF BYE-LAWS 2015

These Bye-Laws 2015 have been adopted by JVVFOVA Greater Noida during the GBM

held in Community Centre Hall on 30 Aug 2015.

(SS Bhadauria) (AK Gupta) Hon. Fg. Offr. (Retd.) Hon. Fg. Offr. (Retd.) Secretary Vice President

(PK Singh) Captain (IN) (Retd.) President



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Table of Contents

BYE-LAWS - 2015 .............................................................................................................. 6

CHAPTER-I ..................................................................................................................... 6

PRELIMINARY ................................................................................................................ 6

1. Short Title and Application ................................................................................ 6

2. Introduction ....................................................................................................... 6

4. Definitions ......................................................................................................... 7

5. Objectives of Association: ................................................................................. 9

6. Members of Association .................................................................................. 12

7. Joint Apartment Owners .................................................................................. 14

8. Holding one share compulsory ........................................................................ 14

9. Disqualification & Termination ......................................................................... 14

CHAPTER-II .................................................................................................................. 16

VOTING, QUORUM AND PROXIES ............................................................................. 16

10. Voting .............................................................................................................. 16

11. Quorum ........................................................................................................... 16

12. Votes to be Cast in Person/ Proxy Voting ....................................................... 16

CHAPTER-III ................................................................................................................. 17

ADMINISTRATION ....................................................................................................... 17

13. Powers and Duties of Association ................................................................... 17

14. Place of Meeting: ............................................................................................. 17

15. Annual Meeting (AGM) .................................................................................... 17

16. General Body Meeting (GBM) ......................................................................... 17

17. Purpose of Calling GBM .................................................................................. 18

18. Special Meeting or Emergency General Body Meeting (EGBM) ..................... 18

19. Notice of Meeting ............................................................................................ 18

20. Adjourned Meeting .......................................................................................... 19

21. Order of Business ............................................................................................ 19

22. Renting of Flats ............................................................................................... 19

CHAPTER-IV ................................................................................................................ 21

MANAGEMENT COMMITTEE ...................................................................................... 21

23. Management of Association ............................................................................ 21

24. President ......................................................................................................... 21

25. Vice-President ................................................................................................. 22

26. Secretary ......................................................................................................... 23



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27. Treasurer ......................................................................................................... 25

28. Manager .......................................................................................................... 25

29. Powers and Duties of the Management Committee ........................................ 25

30. Other Duties .................................................................................................... 25

31. Election and Term of Office ............................................................................. 26

32. Election Details/ Procedure ............................................................................. 26

33. Vacancies ........................................................................................................ 27

34. Removal of Office Bearers .............................................................................. 27

35. Organisation of Meeting .................................................................................. 27

36. Regular Meeting .............................................................................................. 28

37. Special Meeting: .............................................................................................. 28

38. Waiver of Notice: ............................................................................................. 28

39. Quorum ........................................................................................................... 28

40. Fidelity Bonds .................................................................................................. 28

CHAPTER-V ................................................................................................................. 29

OBLIGATION OF THE APARTMENT OWNERS .......................................................... 29

41. Assessment ..................................................................................................... 29

42. Police Verification for Tenants ......................................................................... 29

43. Compliance by Tenants to Rules and Regulations of Association .................. 29

44. Maintenance and Repairs ............................................................................... 29

45. Major Repairs .................................................................................................. 29

46. Use of Dwelling Units and Internal Changes ................................................... 29

47. Transfer of an Apartment ................................................................................ 30

48. Use of Apartments, Common Areas and Facilities and Limited Common Areas and Facilities .............................................................................................................. 30

49. Right of Entry................................................................................................... 32

50. Rules of Conduct ............................................................................................. 32

51. Damages ......................................................................................................... 33

52. Unlawful Activities ........................................................................................... 33

53. Visitors/ Guests ............................................................................................... 33

CHAPTER-VI ................................................................................................................ 34

FUNDS AND THEIR INVESTMENTS ........................................................................... 34

54. Funds .............................................................................................................. 34

55. Investment ....................................................................................................... 34

56. Affiliation .......................................................................................................... 34

57. Accounts Operations (withdrawals from Banks) .............................................. 34



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58. Financial Powers ............................................................................................. 35

59. Accounts ......................................................................................................... 35

60. Publication of Accounts and Reports ............................................................... 36

61. Appointment of Auditors .................................................................................. 36

62. Power of Auditor .............................................................................................. 36

CHAPTER-VII ............................................................................................................... 43

MORTGAGES ............................................................................................................... 43

63. Notice to Association ....................................................................................... 43

64. Notice of un-paid Assessments ....................................................................... 43

CHAPTER-VIII .............................................................................................................. 44

COMPLIANCE .............................................................................................................. 44

65. Compliance ..................................................................................................... 44

66. Seal of the Association .................................................................................... 44

CHAPTER-IX ................................................................................................................ 45

POWER OF COMPETENT AUTHORITY...................................................................... 45

67. Power of Competent Authority to Inspect the Building .................................... 45

CHAPTER-X ................................................................................................................. 46

AMENDMENTS TO PLAN OF APARTMENT OWNERSHIP ........................................ 46

68. Amendment of Bye-Laws ................................................................................ 46

69. Effective Date .................................................................................................. 46



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BYE-LAWS - 2015

CHAPTER-I

PRELIMINARY

1. Short Title and Application:

a. These Bye-Laws may be called the Bye-Laws 2015 of the Jal Vayu Vihar Flat

Owners Welfare Association [JVVFOWA], Greater Noida, henceforth and

hereinafter also referred to as “Bye Laws 2015 JVVFOWA”.

b. The provisions of these Bye-Laws 2015 apply to the dwelling units, shopping

complex, etc. and all common areas and assets of Jal Vayu Vihar Flat Owners

Welfare Association [JVVFOWA], Greater Noida.

2. Introduction: The name of the Association is “Jal Vayu Vihar Flat Owners‟he name

o Association (JVVFOWA)” located at Plot No.8, Pocket P-4, Builders‟ Area Greater

Noida Distt: Gautam Budh Nagar-201308 (Uttar Pradesh). The registered office of

the Association is at the Jal Vayu Vihar Community Centre at Plot No.8 Pocket P-4

Builders‟ Area Greater Noida Distt: Gautam Budh Nagar-201308 (Uttar Pradesh).

The Association Bye-Laws are formed in accordance with Para 10 of Rules and

Guidelines, Directives and Master Brochures issued from time to time by Air Force

Naval Housing Board (AFNHB), Air Force Station, Race Course, New Delhi-110003.

Association is registered under “The Societies Registration Act, 1860 (Act No. 21 of

1860). Its area of operation is restricted to Jal Vayu Vihar Plot No.8 Pocket P-4

Builder‟s Area Greater Noida Distt: Gautam Budh Nagar-201308 (Uttar Pradesh) in

an area spread over 25.65 acres. The Association commenced functioning on the

following day of its registration.

3. Existing “Bye Laws” of JVVFOWA have been amended, modified and corrected and

re-issued as “Bye Laws 2015” to bring the same in consonance with and incorporates

basic tenets of Uttar Pradesh Model Bye-Laws 2011 issued under Uttar Pradesh

Shashan Awas Evam Sahkari Niyojan Anubhag-I notification No. 3977/8-1-11-

115D.a./02T.C-! Lucknow dated 16 November 2011.



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4. Definitions: In these Bye-Laws, unless the context otherwise requires-

a. “Act “refers to The Uttar Pradesh Apartment (Promotion of Construction,

Ownership and Maintenance) Act 2010.

b. “Association” means Jal Vayu Vihar Flat Owners Welfare Association

(JVVFOWA), Greater NOIDA and also referred to as JVVFOWA.

c. “Allottee” means and refers to dwelling unit owner/(s) that were registered

with AFNHB and to whom the dwelling unit was allotted originally by AFNHB in

Mar 2003.

d. “Board” means Air Force Naval Housing Board (AFNHB), Race Course, New

Delhi 110003.

e. “Building” means the buildings located at P-4, Builders Area, Greater Noida

and known as the Jal Vayu Vihar Condominium and includes structures

located at P-4, Builders Area, Greater Noida and known as the Jal Vayu Vihar

Condominium and includes the land forming part thereof.

f. “Block” means a group or a no of Dwelling Units (DU) located sequentially in

close proximity and identified by an alphabet and numbered from A to X

(without „I‟ and „O‟). In JVV Condominium, dwelling units are grouped in 22

blocks.

g. “Block Member” means the representative of a block who has either been

elected as the member from that block or co-opted by the Association.

h. “Bye-Laws” means Bye-Laws 2015 framed and adopted by this Association.

i. “Cluster” consists of dwelling units located in close proximity and generally

consist of 7 or 14 dwelling units. A cluster of 7 dwelling units share a common

stair-case.

j. “Committee” means Management Committee (MC) of JVVFOWA Greater

NOIDA and is the MC together with elected, nominated and co-opted

members (no of nominated and co-opted members not to exceed 6).

k. “Competent Authority” means any person or authority authorised by the

Govt by notification to perform the function of competent authority.



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l. “Defaulter” means a flat owner who has defaulted on any issue that is in

violation of Bye Laws and Rules of the Society.

m. “EGBM” means Emergency General Body Meeting that is planned for a

particular agenda and its related points. It is to be held with a minimum of 02

days and not exceeding 07days notice.

n. “Eligible Member” means any member who has not been disqualified under

the provisions of Bye-Laws 2015.

o. “Family” means family as defined in provision of AFNHB Master Brochure

and comprises of husband, wife, dependent children, legally adopted children

and dependent parents.

p. “GBM/AGM” means ordinary General Body Meeting (GBM)/ Annual General

Body Meeting (AGM)

q. “Governing Body” The Governing Body of the Association shall be the

Management Committee to whom by the Rules and Regulations of the

Association the management of its affairs is entrusted .

r. “JVVFOWA” means Jal Vayu Vihar Flat Owners Welfare Association and

JVVFOWA shall comprise of all the permanent and associate members and

constituted by the dwelling unit owners for the purpose of the administration of

Jal Vayu Vihar Condominium.

s. “Local Authority” means the Greater Noida Industrial Development Authority

established under the Uttar Pradesh Industrial Development Authority Act

1976.

t. “Management Committee” means the Management Committee consisting of

4 to 10 elected, nominated and co-opted Office bearers who shall be elected/

selected from the Permanent and Associate members of JVVFOWA. One

member from Associate Member shall be also co-opted into the Management

Committee at the discretion of elected members of the Management

Committee.

u. “Majority” of owners mean those owners holding 51 percent of the votes.



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v. “Owners” or “Dwelling Unit Owners” means the person owning a dwelling unit

in the Jal Vayu Vihar Condominium.

w. “Registrar” means the Registrar under the provisions of the Societies

Registration Act 1860 (Section 21).

x. “Registration” means Registration of the Association with the registrar of

firms and Societies under the Societies Registration Act 1860 (Act No. 21 of

1860).

y. “RULES” means Rules & Regulations of JVVFOWA, Greater NOIDA.

z. “Section” means a section of The Societies Registration Act, 1860 (Act No.

21 of 1860).

aa. “Subsequent Transferee” a dwelling unit owner who is not an original

allottee and has acquired ownership of a dwelling unit by means of

subsequent purchase or inheritance of ownership.

bb. “Unit” means a Dwelling or Non-dwelling Unit in the Jal Vayu Vihar

Condominium.

cc. “Voter” means a permanent flat owner of the Association who has been

authorised under these Bye Laws to exercise his voting right in the election

process of the Governing Body/Management Committee and express his

opinion through vote in AGM/GBM.

5. Objectives of Association: The main objective of the Jal Vayu Vihar

Association/ JVVFOWA, Greater NOIDA is to look after and safeguard the interests

of the dwelling unit owners with particular emphasis on flat owners − serving &

retired defence personnel and/ or their widows or families/ dependants as

enshrined in the constitution of AFNHB. The procurement of land by AFNHB from

UP State Government was for welfare of the defence personnel and their families

especially those belonging to Air Force and Navy and therefore JVVFOWA Greater

NOIDA shall be duty bound to keep the interest of such defence personnel/families

always at the forefront during all their deliberations and actions. Other objectives of

the Association shall be :

a. To be and to act as the Association of dwelling unit owners of the Jal Vayu



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Vihar Flat Owners Welfare Association (JVVFOWA).

b. To maintain, manage and administer the Jal Vayu Vihar (JVV) Condominium

comprising of 836 residential Dwelling Units, Community Centre, Shopping

Complex, Common Areas and all allied facilities provided to Jal Vayu Vihar

Condominium, Greater NOIDA.

c. To provide for maintenance, repair and replacement of common areas and

facilities by collecting contributions from the dwelling unit owners and if

necessary by raising loans for that purpose.

d. To ensure upkeep and maintenance of the residential complex and the land on

which it has been constructed.

e. To operate, maintain and repair all Equipment/ Machinery of common services

like: generators, underground water tanks, water pumping system, fire fighting

equipment, security lights, road, parks, storm- water drains, staircases, sewer

system etc. These are common utilities for all residents alike.

f. To arrange and / or to undertake external repairs, colour/cement water

bonding or white /colour wash of the above said residential blocks wherever

necessary.

g. To organize social forestry, develop and maintain common area in JVV

Condominium, Greater Noida.

h. To maintain an updated database of all permanent and associate members of

the Association wherein such database will include contact details such as

mobile, numbers, email address, etc.

i. To recover from the members all ground rents, fees, dues or any other

relevant taxes as levied on the complex as a whole.

j. 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.



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k. To take all necessary measures to ensure safety & security and to safeguard

the residential complex from fire, through fire-precautions. To engage

adequate staff for undertaking day to day maintenance and other periodical

maintenance/repairs.

l. To collect monthly maintenance charges levied on members for fulfilling above

objectives.

m. To undertake, in the event of lack of response from affected residential blocks,

repairs of seepage or leakage when it causes nuisance to occupants other

than the one in whose premises the source of such nuisance has originated

and distribute the cost amongst affected dwelling units occupants (whether

owner or tenant) with the provision that in such eventuality the occupants of

affected dwelling units would be expected to devise means either to realize the

cost of damage from owner or bear the same himself.

n. To provide for and do all or any of the matters provided in sub-section (7) of

section 14 of Uttar Pradesh Apartment (Promotion of Construction, Ownership

and Maintenance) Act 2010.

o. To establish and carry on, on its own accord or jointly with individuals or

institutions, educational, physical, social and recreational activities for the

benefit of the dwelling unit owners.

p. To frame rules with the approval of the general body 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.

q. To develop mutual friendship, harmony, brotherhood & co-operation amongst

the residents of Jal Vayu Vihar Condominium.

r. To promote and co-ordinate all such activities, programs and projects that

would improve environment and quality of life in JVV Condominium, Greater

Noida.

s. To function as a charitable and welfare Association devoid of any motive of

profit.



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t. To lay down additional rules/ guidelines/instructions in amplification of these

Bye Laws and overall general interest of the objective of the Association.

u. To undertake any other task as may be incidental or essential for the fulfilment

of the above-enumerated objectives.

v. To do all things necessary or otherwise provide for their welfare expedient for

the attainment of the objects specified in these Bye-Laws.

w. The Association shall not act beyond the scope of its objectives without duly

amending the provisions of these Bye-Laws 2015 for the purpose.

6. Members of Association: In accordance with the Master Brochure of AFNHB, it is

obligatory for all allottees of dwelling units in Jal Vayu Vihar Condominium, Greater

NOIDA to be the members of this association, that is, JVVFOWA Greater NOIDA.

JVVFOWA Greater NOIDA will comprise of following types of members:

a. Permanent Member:

i. Person Allotted Dwelling Unit by AFNHB- Original Allottee of dwelling units

who have signed “agreement of allotment” with AFNHB.

ii. 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 or as amended

from time to time by AGM.

iii. Legal Heir(s) as accepted by AFNHB of deceased member, but only after

and specific approval of JVVFOWA. Further, where the heirs are

more than one , then they would have to decide amongst themselves and

nominate only one of them as their nominee and only the so nominated

nominee shall enjoy the rights as a permanent member of JVVFOWA

Greater NOIDA.

iv. The name of all permanent members will be maintained in a register and

such updated list of permanent members/register is to be maintained in the

Association Office.



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v. All permanent members are entitled to cast their votes in

election/AGM/GBM in accordance with the laid down norms (In this regard

Para 7 applicable to Joint Ownership is also relevant)

b. Associate Members:

i. All non-allottee residents (tenants) of Jal Vayu Vihar Condominium shall

be/ will have to take membership the Associate members of the association

JVVFOWA Greater NOIDA and all such non-allottee members shall be

called Associate members of JVVFOWA Greater NOIDA.

ii. All associate members shall also be entitled to all the services provided to

the JVV Condominium.

iii. An associate member will have to fill up the relevant registration form and

pay membership fee/ charges as per laid down rules for formalizing their

membership of JVVFOWA. A duly attested passport size photograph of the

prospective members shall be affixed on the registration form.

iv. Associate members will be allowed to attend AGM/GBMs and to discuss

general points of the Association. They will however have no voting rights

on various issues discussed in the AGM/GBM or in the Management

Committee meeting. They will also have no voting rights during elections

nor will they be entitled to seek elections/ nomination for any Management

Committee post.

v. Associate members will be responsible to the Association for payment of

periodic maintenance and other charges. They are required to follow all

Bye-Laws, Rules & Regulations of JVVFOWA Greater NODA. They are

responsible for timely renewal of their tenancy agreement. In case of any

default, the Association, with a copy to the owner of Dwelling Unit and with

72 hours notice, can ask the defaulting associate member to vacate the

dwelling unit/ JVV Condominium. Association shall provide 72 hours notice

to vacate. A copy of said notice shall also be forwarded to the owner of said

Dwelling Unit.



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7. Joint Apartment Owners: Where dwelling unit has been purchased jointly by two

or more persons, they shall be jointly entitled to the dwelling unit but the person

whose name stands first in the registration paper alone shall have the right to vote.

Joint dwelling unit ownership is permitted after due concurrence from AFNHB and as

a tripartite agreement between GNIDA, AFNHB and owner/(s) of the dwelling unit. It

shall be the responsibility of all owner/joint owners to inform about their names/

particulars/ contact details to association office and the names/ details of all such joint

owners will be maintained in JVVFOWA Greater NOIDA office. Following shall be the

general guidelines the joint ownership.

a. In case of joint ownership, only FIRST owner as defined in the registration

document shall be deemed to be competent to exercise all RIGHTS of

Association membership with relevant OBLIGATIONS.

b. The AFNHB/ JVVFOWA Greater NOIDA shall entertains transaction/

correspondence with the first registered owner only and not with any other joint

owner/(s).

8. Holding one share compulsory: There are 836 dwelling units/ flats in JVVFOWA

Condominium and therefore there shall be a total of 836 shares in JVVFOWA Greater

NOIDA. Further every dwelling unit owner/ flat owner shall have only one share in

JVVFOWA Greater NOIDA. In case, a dwelling unit/ flat is registered in name of two

or more than two persons, name of all joint owners shall be mentioned in the share

certificate. However, the name of joint owner whose name stands first in the share

certificate shall only have the voting right.

9. Disqualification & Termination:

a. Disqualification: No permanent member of JVVFOWA, Greater NOIDA

shall be is entitled to vote in the elections of members of the Governing Body/

Management Committee ie President, Vice-President, Secretary, Treasurer or

any other office bearer or entitled to stand for election himself for such office,

if:

i. They are in arrears, of any sum due from them in respect of their

contributions for common expenses, for more than two months prior to the

scheduled date of elections to Governing Body and/or Management



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Committee.

ii. They violate the Rules and Regulation of the Association.

iii. They indulge in activities against the interest of the Association.

b. Termination of Membership: The Management Committee shall have

the powers to terminate a member or members from the membership of the

Association on following grounds:

i. Death

ii. Fails to pay Association dues/ in respect of their contributions for common

expenses for a period exceeding six months without any valid reason.

iii. Applies for insolvency

iv. Becomes of unsound mind

v. Gets involved in anti-social/criminal activities

vi. Violates the tri-partite agreement between GNIDA, AFNHB and himself and

undertakes unauthorised construction or encroaches on land belonging to

Association & AFNHB.

vii. Violation of Rules and Regulation of Association or involvement in activities

against the interest of the Association. A resolution can be brought forward

to MC against such member. Action will only be initiated after the involved

Association member has been given a chance (show cause notice) to

explain his position as part of natural justice.



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CHAPTER-II

VOTING, QUORUM AND PROXIES

10. Voting: Voting shall be on single non-transferable vote irrespective of

individual holding one or more DU. Voting on percentage basis per DU is not

applicable in JVVFOWA. For outstation permanent members‟ provision of postal or e-

voting can be permitted to have a better representation.

11. Quorum: Except as otherwise provided in these Bye-Laws, the

presence in person of 30 percent of owners shall constitute a quorum.

12. Votes to be Cast in Person/ Proxy Voting:

a. Votes have to be cast in person.

b. This condition of sub-para (a) above can only be modified or waived by a

resolution passed by majority of owners in AGM/ GBM whereby postal ballot or

proxy voting or voting through email can be authorised.

c. Permanent members having voting rights may authorise any other co-

registrant (proxy voting) to cast votes on their behalf. Such delegation of voting

rights shall be made in writing and shall need the approval of Management

Committee and Election/ Returning Officer.



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CHAPTER-III

ADMINISTRATION

13. Powers and Duties of Association: The Association shall have the following

responsibility of administering the Jal Vayu Vihar Condominium.

a. To approve annual budget for next financial year with or without cuts. It is to

take stock of finances of current year vis-a-vis ensuing financial year.

b. To appoint Election Officer and standby Election Officer for the conduct of

Election (if due) before the next General Body Meeting.

c. To appoint Auditors for the Association.

d. To establish and collect monthly Assessments.

e. To decide the manner in which maintenance/ development work could be

carried in an efficient manner.

f. To lay limits of the expenditure for the Management Committee or

maintenance & development activities.

14. Place of Meeting: The meetings of General Body shall be held in the Association

Community Hall or at a suitable place convenient to the owners/ members from time

to time to be fixed by the Association.

15. Annual Meeting (AGM): AGMs of the Association shall be held on such date as

the Association may decide. At AGM Association is to transact essential business

along with discussing the agenda point by members. The election/ selection of

Management Committee will depend upon the timely conduct of election of four main

office bearers. The owners may also transact such other business of the Association

as may properly come before them.

16. General Body Meeting (GBM): GBMs are to be held at regular scheduled intervals

depending upon the business to be transacted or under following conditions:

a. As considered necessary and appropriate by Management Committee.

b. On receipt of written directive from the Registrar/ Deputy Registrar.

c. If required by the President of Association.



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d. On request of at least 25% of permanent members or 50% of both permanent

& associate members.

17. Purpose of Calling GBM: The GBM shall be called for the following

reasons/contingencies:

a. To suspend or remove member(s) of the Management Committee including

President/ Vice-President/Secretary/Treasurer.

b. To revise rates of Association charges as well as impose penal interest on

overdue payments.

c. To initiate action against members defaulting on payment of dues if such dues

exceed a period of six months.

d. To authorise purchasing committee for purchase of property or assets.

e. To initiate action against defaulters for violation of Bye-Laws, Rules and

Regulation, in social/ criminal behaviour and working against Association

interest. Such an action can result in initiation of proceedings for eviction.

18. Special Meeting or Emergency General Body Meeting (EGBM): It shall be the duty

of the President to call EGBM of apartment owners as directed by the resolution of

Management Committee or upon a petition signed by a majority of owners and having

been presented to the Secretary or at the request of competent authority or as the

case may be or any officer duly authorised by him in this behalf. The notice of any

EGBM shall state the time and place of such meeting and the purpose there of. 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.

19. Notice of Meeting:

a. Members can be informed about scheduling of any meeting of the association

through one or more or all means such as JVVFOWA website/ email/ SMS/

display on notice board or any other means that ensures that such notice has

possibility of reaching all members in reasonable time.

b. It shall be the duty of the Secretary to send notice of each annual, general

and special meeting, stating the purpose thereof as well as the time and place

c. where it is to be held to each apartment owner/ member at least two days but



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not more than seven days prior to such meetings.

d. Only specific agenda point pertaining to reason for calling special meeting

(EGBM) shall be discussed in such meeting.

e. Only specific agenda point pertaining to reason for calling special meeting

(EGBM) shall be discussed in such meeting.

f. Notices of all such meetings shall be mailed or sent to the competent

authority or the registrar as the case may be.

20. 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.

21. 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 of any officer authorised by them.

f. Report of Committee

g. Election of Governing Body/ Management Committee.

h. Unfinished business, if any

i. New Business.

22. Renting of Flats: Whenever any Flat owner is renting out his flat, prior approval of

the association is to be obtained and the credentials of the tenants is to be given in

details. The flat owner will submit the following to the Secretary of the Association and

non-compliance will be deemed to be a default by the owner:

a. Undertaking from the tenant to the effect that he will abide by the

Bye Laws and the Rules of the Association

b. Xerox copy of the Agreement of tenancy/lease deed.

c. The tenant will enrol himself as Associate Member of the Association and shall

deposit refundable deposit as decided by the General Body.



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d. Arrangement for payment of monthly common service charges

e. Ensure that while vacating the flat, the tenant is asked to inform the

Association at least 30 days prior to vacation



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CHAPTER-IV

MANAGEMENT COMMITTEE

23. Management of Association:

a. The affairs of the association shall be governed by the Management

Committee. The Management Committee shall comprise of neither

less than 4, nor more than 10 persons to be constituted and elected

by the members by simple majority in GBM or during elections

scheduled for this purpose.

b. The JVVFOWA Management Committee (MC) shall comprise of

following elected and nominated or co-opted members:

i. President Through election

ii. Vice-President Through election

iii. Secretary Through election

iv. Treasurer Through election

v. Co-opted Members Total of six Members out of which

not more than two can be

nominated from the Associate

Members)

c. The Governing Body at JVVFOWA, Greater NOIDA shall essentially

consist of only the elected permanent members and wherein the

number shall not in any case be less than 3.

24. President: The President shall be the Chief Executive Officer of the Association. He

shall preside over all meetings of the Association and of the Management Committee.

The President shall be responsible for:

a. Exercising all the general powers and duties which are usually

vested in the office if the President of an Association.

b. Exercising authority to take action including financial penalties

against any Permanent/ Associate Members for acts of omission/

commission and noncompliance of laid down Rules and Regulation.



Page 22

c. Exercising strict financial discipline. He/ She is to check cash and

bank balances, fixed deposits, receipts and payments. All the books

of account are properly opened, maintained and verified are to be

checked on as required basis.

d. Keep in safe custody common seal of the Association and affix on all

required documents.

e. Approval of all requests for repairs/modifications in dwelling units as

per AFNHB and GNIDA guidelines. In case of any doubt, the same

shall be clarified with AFNHB and/or GNIDA before according the

final approval.

f. Approval of all applications for renting and/or sale or dwelling units.

25. Vice-President: In the absence of President, the Vice-President shall perform the

duties of the President and in case both the President and Vice-President are absent,

the GBM and/or Management Committee shall appoint some other member of the

Management Committee on an interim basis. The Vice-President shall also perform

such other duties as may be assigned to him from time to time by the Governing

Body/ Management Committee. The Vice-President shall in addition to above, be

responsible for the following:

a. He is to closely monitor major activities of the Society and remain

abreast with the important correspondence/ongoing issues with

outside authorities such as GNIDA, AFNHB, Dy. Registrar of

Societies, Police Authorities etc.

b. Provide necessary assistance to Chartered Accountant(CA) in

external audit / preparation of financial statements as well as

provide assistance to Internal Audit Team. He is to ensure that

audits (external as well as internal) are undertaken as per laid down

schedule/norms and audit reports/ recommendations, as applicable,

are acted upon.

c. He is to assist President/CA in preparation of quarterly, six monthly

and yearly budget for the society.



Page 23

d. He is to assist President in planning Major Works/Projects (costing

more than Rs 10,000/-) and include in Quarterly Work/Project

schedule and put up to President/Management Committee/GBM for

approval.

e. He is to plan major purchases (exceeding Rs. 5000/-) through a

committee. To meet this requirement an SOP needs to be made and

a committee is to be constituted.

f. He is to supervise in getting outstanding dues from flat owners,

rented out premises and outside agencies expeditiously.

g. He is to assist President/ Committee in preparation/ modification/

compilation of Bye Laws, Rules and Regulations, Policies, SOPs ,

Terms of References etc .

h. Co-ordinate cultural, sports and welfare activities in the Society. He

will be ex-officio member of the Mandir Management Committee.

i. He will be convener of Security Committee and will be assisted by

Security Member.

j. He is to ensure timely renewal of Registration of the Society.

26. Secretary: The Secretary besides other responsibilities as explained below shall

be the Executive officer of the Association and will be responsible to the President for

the administration of the Association. He/ she shall function under the supervisory

control of Management Committee. In the absence or during non- availability of

treasurer, Secretary will carry out treasurers duties as well. Details of other

responsibilities of Secretary are enumerated below::

a. Conducting of Meetings (GBM, AGBM, EGBM, Management

Committee Meetings): He is to initiate convening order of AGBM,

GBM, EGBM and MC meeting with sufficient notice to all members.

He is to ensure that the information about scheduling of these

meetings shall be disseminated to all members to ensure maximum

participation by Permanent/ Associate Members. He shall record and

prepare the minutes of the meeting and these are to be displayed for

the information of all members through Association website and



Page 24

Notice Boards inside the Association premises and any other electronic means

as can be adopted by the Association. The Secretary shall maintain two

separate minutes‟ books, one for the Association of permanent and associate

members and the other for the Management Committee. Pages of each of the

minutes‟ book shall be consecutively numbered. A separate register shall be

available at the time & venue of each meeting to record attendance during all

such meetings.

b. Employees Functioning & Discipline: Secretary shall exercise effective

control on all casual staff such as of Office Staff, Safaiwalas, Malis, etc.

employed by Association for their job performance, discipline and welfare.

c. Financial Matters: Secretary shall be responsible to keep a supervisory

watch on daily/ monthly cash/ cheque transactions, income/ expenditure

statement and prepare profit and loss account on half yearly basis in a

financial year. He/ she shall incur authorised expenditure within limits

prescribed in these Bye-Laws. He is to keep record and maintain details of all

periodical financial checks and auditing undertaken by all concerned.

d. Maintenance of Records and Books of Account: He/ she shall maintain all

records and various registers updated as per Bye-Laws, Registrar‟s Office

instructions and present these as and when required. He/ she shall ensure

safe custody of all books of account like receipt books, payment vouchers,

etc., both current and in stock, and ensure that they are properly accounted

for. A proper record of date of issue and date of closing should be entered into

a register duly authenticated by President. He/ she shall help the local auditor

in carrying out preparation of income/ expenditure statement and balance

sheets.

e. Inventory Control: He/ she shall have a proper control on both

movable/ immovable assets of the Society through an inventory management

system. Inventory is to be periodically checked and due recommendations may

be sought through Management Committee for write off/ struck off charge

action in respect of broken, Beyond Economic Repair(BER), and

unserviceable inventory.



Page 25

27. 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. The Treasurer shall be responsible for:

a. Organizing in an effective manner receipt and disbursement as well as cash

handling system.

b. Not to keep, physical cash exceeding Rs. 20000/- on any day except Saturday/

Sundays and holidays and ensure safe keeping/ depositing of the cash in

excess of Rs. 20000/-.

c. Safe custody of pass books, account books, receipts, short term investments

and fixed deposit receipts.

d. Proper closing of accounts and presenting them to Secretary and President for

checks.

e. Through Secretary, the Treasurer shall be also responsible for preparation and

timely closing of all cash books and presenting them for audit as and when

required or directed to do so.

28. Manager: The Management Committee (MC) may employ for the Association a

manager at a compensation determined by the MC to perform such duties as the MC

may authorize. In JVVFOWA, the Manager shall be called Estate Manager (EM) and

EM shall be required to work under the Secretary of the Association.

29. Powers and Duties of the Management Committee: The Management Committee

shall have powers and duties necessary for the administration of the affairs of the

Association.

30. Other Duties: In addition to the duties imposed by these Bye-Laws or by resolution

of the Association, the Management Committee 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 administration,

maintenance, repair and replacement of common areas and facilities.



Page 26

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 at least

one of the member of the Governing Body.

g. To specify the times and manner in which the Annual General Meetings and

special General Meetings of the Association shall be held and conducted.

31. Election and Term of Office:

a. The Annual General Meeting of the Association is to be held at the end of first

quarter of each financial year (First Sunday following after 31st March or any

other following weekly day as decided by MC). Members shall elect or start

election procedure for 4 main office bearers that is President, Vice- President,

Secretary and Treasurer from permanent members of

b. Association. Provided that no member shall be eligible for election if he has

been found guilty of misusing the post during any previous term. The term of

office of office bearers of the Management Committee shall be of one year

from the date of assuming office and they will be eligible for re- election,

provided that a person did not hold the post continuously for a period more

than two years. In order to have 10 members in the Management Committee,

six other members may be nominated/selected/ co-opted by the Governing

Body.

c. An arrangement shall be made by the Management to ensure that one third

members of the MC retire annually.

d. The office bearer shall hold office until their successors have been elected

and charge has been handed over to the newly elected Governing Body.

e. The term for Management Committee can be extended by another one year if

approved by AGM.

32. Election Details/ Procedure: Election of four members of Management Committee

viz. President, Vice-President, Secretary and Treasurer shall be from



Page 27

Permanent members of JVVFOWA. These four individuals should be able to devote

sufficient time to the Association affair without any consideration or personal interest.

The elected members shall form the Governing Body of JVVFOWA, Greater NOIDA.

Election/selection/nomination of other six members of Management Committee

(five/ four from Permanent members & one/ two from Associate members) can be

held in a GBM called for Handing over/Taking over of Management Committee or

nominated/co-opted by Governing Body/President. Other details about elections are

as follows:-

a. Eligibility for Office Bearers: Permanent Members residing in JVV, Greater

Noida and who have cleared dues till 31 Dec/ 31 March/ two months or prior

to any other predefined cut-off date and have not defaulted on any other

count shall be eligible for casting their vote and contesting election.

Accordingly the voter list is to be drawn/published.

b. Schedule for Election: Proposed schedule for completion of election shall be

within 30 days or any other period as decided in AGM after the AGM minutes

have been displayed and names of election officer and stand by election

officer are published.

33. Vacancies: The vacancies in the Management Committee 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.

34. 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 removals have been proposed by the owners

shall be given an opportunity to be heard at the meeting.

35. Organisation of Meeting: The first meeting of a newly elected Governing

Body/Management Committee 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



Page 28

legally to constitute such meeting, provided a majority of the members of the

Governing Body/ Management Committee shall be present.

36. Regular Meeting: Regular meeting of the Governing Body/ Management Committee

may be held at such time and place as may be determined from time-to- time by a

majority of office bearers but at least once in a quarter. Notice of regular meetings of

the Board shall be given to each office bearer personally or by mail or email or any

other electronic means at least three days prior to the date of such meeting.

37. Special Meeting: Special meeting 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. Notice of regular meetings of the Governing Body shall be given to

each office bearer personally or by mail or email or any other electronic means.

Special meeting of the Governing Body/ Management Committee shall be called by

the President or the Secretary on a written request of at least three office bearers.

38. Waiver of Notice: Before any meeting of the Governing Body/Management

Committee any office bearer may in writing waive notice of such meeting and such

waiver shall be deemed equivalent to the giving of such notice.

39. Quorum: In all the meetings of the Governing Body/ Management

Committee 1/3rd of the total strength of the office bearers shall constitute a quorum.

If at any meetingof the Governing Body/ Management Committee 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.

40. 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 Association.



Page 29

CHAPTER-V

OBLIGATION OF THE APARTMENT OWNERS

41. Assessment: All the owners are obliged to pay monthly assessments imposed by

Association to meet all expenses related to the Jal Vayu Vihar Condominium. The

assessment shall be made on the value of the unit or as decided by AGM/ GBM.

42. Police Verification for Tenants: The dwelling unit owner shall be responsible to

obtain police verification report of the proposed tenant from the concerned police

station while letting out the apartment on rent to ensure that the proposed tenant is not

a criminal or trouble creator.

43. Compliance by Tenants to Rules and Regulations of Association: The dwelling

unit owner shall be responsible to ensure that their tenant abides by all the rules and

regulations of these Bye-Laws 2015 and all other orders as framed by the Association.

44. Maintenance and Repairs:

a. Every owner must perform all maintenance and repair work within his own unit.

b. 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 dwelling unit owner/(s)

concerned.

c. The owner shall reimburse the association for any “expenditure” incurred in

repairing or replacing any common area and facilities damaged due to his fault.

45. Major Repairs: If a building requires major repairs for its structural safety or other

sufficient reasons, a detailed estimate thereof shall be got prepared by the Association

through an engineer to be appointed by the MC and thereupon, after the approval of

the estimate(s) by the Management Committee. The members shall contribute their

share for carrying out such repairs.

46. Use of Dwelling Units and Internal Changes:

a. All the dwelling units/ other units shall be utilised for residential/ approved

purposes only.

b. An owner shall not make any structural modifications or alterations in their unit or



Page 30

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.

c. 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.

d. No owner shall undertake any work that affects the basic structure or structural

integrity of the building/(s).

e. 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.

f. If any of the above changes are effected by any owner, they shall make them

good at their own cost, failing which the Association shall be entitled to effect

recovery of the cost of rectification from him.

47. Transfer of an Apartment: The transfer of an apartment shall be made by a

registered deed of the dwelling unit. The transferor shall obtain and produce “No Dues

Certificate” from the Association, i.e, JVVFOWA, Greater NOIDA and AFNHB at the

time of the transfer of the apartment. Procedure to be followed shall be as laid down in

AFNHB Brochure. NOC shall be issued by Association only after ascertaining that all

dues including entrance fee have been deposited (ensure Cheque has been realized)

with the Association. Provided further that the transferor of a dwelling unit owner shall

a pay ½ percent (0.5%) or any such percent amount as decided in AGM/ GBM of the

transfer value to the Association for transferring their dwelling unit to the prospective

buyer and such amount shall be kept in a fund by the Association for being used in

future for the major repairs.

48. Use of Apartments, Common Areas and Facilities and Limited Common Areas

and Facilities: Dwelling unit owner of a residential unit shall use the same for



Page 31

residential purpose only and no business activities, of any type/ sort, shall be

conducted from the dwelling unit or garages. The residents shall:

a. Not use their parking space or part of it for any commercial purpose. In case the

dwelling unit is rented out, it shall be ensured by the owners that the tenant also

complies with these requirements.

b. Not carry out constructions/ additions including installing additional overhead

tanks or submersible pumps/ alterations in the dwelling unit/ parking space

without prior written permission of the Association, AFNHB and GNIDA. In order

to ensure this, no construction material will be permitted inside the complex

unless approval of alteration/ additions has been obtained from GNIDA, AFNHB

and JVVFOWA. (Para 20 of AFNHB guidelines Sep 02 and Para 31 of AFNHB

master broachers Sep 01 are relevant).

c. No dwelling unit owner shall exempt himself from liability for their 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.

d. 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, construction material, junk or any objects

of such kind. Such areas shall be used for no other purpose than for normal

transit through them.

e. If an apartment owners 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 shall take necessary action to remove the same or may approach the

competent authority for its removal who will take an appropriate action in

accordance to the provisions of law.

f. Residents may use vacant common spaces for parking purposes after

Association has specifically earmarked it. Separate reserved parking space will

be designated for visitor‟s vehicles. The Association may also levy a parking fee

to meet the expenses for the Management of such spaces used by the resident



Page 32

g. in addition to their allotted garages/ parking facilities.

h. The convenient shops inside the Association premises shall cater primarily to the

needs of the members of JVVFOWA and not outsiders.

i. The terrace of a building/ block have been declared as „common area and

facility‟ by the promoter/ AFNHB, and the Association shall be responsible for its

maintenance expenses and expenses for such maintenance 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.

49. Right of Entry:

a. An owner shall grant the right of entry to the office bearer or to any other person

authorised by the Management Committee in case of emergency whether the

owner is present at the time or not.

b. An owner shall permit other owners or their representatives when so required to

enter his dwelling unit for the use 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.

50. Rules of Conduct:

a. No resident shall post any advertisement or poster of any kind in or on the

building, except as authorised by the Association.

b. The residents shall exercise extreme care about making noises or the use of

musical instruments, radios, television and amplifiers etc. that may disturb others.

c. Use of loud speaker(s) in a function is strictly prohibited after 2200 hrs IST. No

band shall play inside the Association premises.

d. Residents keeping pets shall abide by the municipal sanitary bye-laws or

regulations.



Page 33

e. It is prohibited to throw garbage or trash outside and shall be disposed in the

disposal places provided for such purpose in the service areas. If such a place is

not provided, all garbage or trash shall be collected in a vessel and thrown in the

municipal dustbin.

f. Generators shall not be used by dwelling units owners for power supply. Dwelling

unit owners can however use invertors for power supply back up.

51. Damages: Any damages due to the negligence, misuse or faults on the part of

dwelling unit owner, family member(s), or guest(s) shall be the responsibility of the

dwelling unit owner. The Association shall charge the dwelling unit owner for such

repairs and an amount to cover the cost of time, labour, materials and/ or outside

contractors shall be recovered from the dwelling unit owner. The charge must be paid

by the dwelling unit owner within 30 days of the demand of the charge.

52. Unlawful Activities: The dwelling unit owner, their family or guest (s) shall not engage

in or allow their dwelling unit to be used for any act intended to facilitate criminal

activity, including act of violence in the dwelling unit, building or common areas.

53. Visitors/ Guests: The entry of visitors/ Guest(s) and their vehicles shall strictly be

regulated through security establishment. The guests or the owner (who is going to

receive them) must keep JVVFOWA Office/ Security at the gate informed about

identity of guest/ (s), likely purpose of visit and duration of stay.



Page 34

CHAPTER-VI

FUNDS AND THEIR INVESTMENTS

54. Funds: To meet all the financial commitments, it is inevitable and necessary that

Association builds up adequate capital. Association shall raise the capital in the

following manner:-

a. By contributions and donations by dwelling unit owner.

b. Maintenance and Water charges

c. Long Term Management Funds (LTMF): It constitutes of a fixed amount per

dwelling unit initially given by AFNHB. This is a fund exclusively for undertaking

major works services whether they are repair of roads, buildings, water

supply, lighting system or any other such facility.

d. Rental from shops, vendors and business promotion activities.

e. Income from booking of community centre and adjoining lawns for various

functions.

f. Transfer value as defined vide Para 39 of Model Bye-laws 2011 or as decided

from time to time in AGM/ GBM , but not less than 0.5 %, shall be levied from

buyer of dwelling unit.

g. By raising loans, if necessary, subject to such terms and conditions as the

Association may determine, with the approval of Competent Authority.

55. Investment: The Association shall invest or deposit its funds in Nationalised Bank(s).

The Association funds shall not be invested in speculative market or ventures.

56. 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.

57. Accounts Operations (withdrawals from Banks): All accounts are to be operated

jointly by President and Secretary of the Association. In absence of President, Vice–

President shall be the second signatory. In an emergency and during availability of a

single member only, the bank may permit withdrawal on a single signature only of any



Page 35

one of the President/ Vice-President/ Secretary provided that such withdrawal shall be

with the knowledge/ written authorization of at least two Management Committee

members. Regular statements of accounts shall be prepared, checked by independent

member/(s) and certified accordingly for their correction.

58. Financial Powers: The financial powers exercised by Governing Body, Management

Committee, President, Vice-President, Secretary and Treasurer shall be as approved

and authorized, from time to time, by AGM/ GBM. As on date, the following financial

powers for Management Committee, President/ Vice-President and Secretary have

been approved and authorised by General Body (Revised vide AGM dated 04 May

2014).

a. Management Committee: Rs. 2, 50, 000 (Rupees Two Lac Fifty Thousand only)

for any single expenditure and maximum to Rs. 10, 00, 000 (Rupees Ten Lac

Only) per year subject to approval of the house.

b. President: Rs. 10, 000 (Rupees Ten Thousand only) per job/per item and

maximum of Rs. 50, 000 (Rupees Fifty Thousand only) per year.

c. Secretary: Rs. 5, 000 (Rupees Five Thousand only) per job/per item and a

maximum of Rs. 20, 000 (Rupees Twenty Thousand Only) per year.

Note: The President, Vice-President, Secretary and Treasurer shall inform the

Managing Committee from time to time or during each Management Committee

meeting of the extent of their financial powers exercised by them with requisite

details.

59. Accounts:

a. The Association shall open a Bank account and deposit the money received on

behalf of the Association in the same. The Secretary or Treasurer as

decided by the Governing Body may retain in their 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 more member of the

Governing Body.

b. The cash holding limit for Secretary and/or Treasurer shall be revised as per

requirement subject to being ratified/ approved by AGM and/or GBM.

c. The Association shall on or before the 31st day of July in each year publish an



Page 36

d. audited financial statement/ balance sheet in respect of the common areas and

facilities containing:-

i. Income and Expenditure statement of accounts.

ii. The receipts and expenditure of the previous financial year.

iii. 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.

e. The audited financial statement/ balance sheet 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.

f. The Association shall send a summary of its audited financial statement/ balance

sheet to its every dwelling unit owner within a period of 15 days from the date of

the publication of its audited financial statement referred to in sub-clause (c)

above.

g. The audited financial statement/ balance sheet can also be made available to all

dwelling unit owner(s) through the Association website.

60. Publication of Accounts and Reports: A copy of the last financial statement and

of the report of the auditor, if any, shall be kept/ displayed in a conspicuous place in

the office of the Association.

61. 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

Governing Body.

62. 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.



Page 43

CHAPTER-VII

MORTGAGES

63. Notice to Association: If an owner mortgages his unit, he shall notify, in

writing, the Association through any member of the Governing Body or President of the

Governing Body, the name and address of the mortgage and the Association shall

maintain such information in a book entitled “Mortgages of Units”. The Governing Body

shall also inform AFNHB about such mortgage of any dwelling unit along with

complete details.

64. Notice of un-paid Assessments: The Association shall, at the request of a mortgage

of a unit, report any un-paid assessment due from the owner of such dwelling unit.



Page 44

CHAPTER-VIII

COMPLIANCE

65. Compliance: These Bye-Laws 2015 are set forth to comply with the requirement of

the Act. In case any of these Bye-Laws is in conflict with the provisions of the Act it is

hereby agreed accepted that the provisions of the Act shall prevail.

66. Seal of the Association: The Association shall have a common seal which shall

be in the custody of the President and shall be used under the authority of a resolution

of the Governing Body 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.



Page 45

CHAPTER-IX

POWER OF COMPETENT AUTHORITY

67. 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.



Page 46

CHAPTER-X

AMENDMENTS TO PLAN OF APARTMENT OWNERSHIP

68. 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 two third of the total number of

the units in the building or at least 100 permanent members with the prior approval of

the competent authority.

69. Effective Date: These Bye-Laws 2015 shall come into effect with effect from 01st

November 2015 .

(Shri Amar Das Rathore) M 455 JVV/ Member

(Ex Sgt BP Singh) U 645 JVV/ Member

(VP Singh) Wg Cdr (Retd.)

G 247 JVV/ Member

( Alok Bansal) Captain(Retd) D -148 JVV/ Member

(Suresh Bahadur) Captain (IN) (Retd.) G 247 JVV/ Co-ordinator

(MK Roy) Gp Captain (Retd) D 140 JVV/ Member

(AC Sharma VSM) Gp Captain (Retd.) F189 JVV/ Member

Cmde A Ghosal, VSM B 081

President Bye Laws Committee

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