BYE-LAWS JAL VAYU VIHAR

FLAT OWNERS WELFARE ASSOCIATIONGREATER NOIDA

UTTAR PRADESH SHASHANAWAS EVAM SAHARI NIYOJAN ANUBHAG-1

the provisions of clause (3) of article 348 of the Constitution, the Governor is pleased to order the publication of the following Notification no. 3977/8-1-11-115D.A./02T.C.-I dated 16 November, 2011

NOTIFICATIONNo. 3977/8-1-11-115D.A./02T.C.-I

Lucknow: Dated 16 November, 2011In exercise of the powers under sub-section (6) of section 14 of the Uttar Pradesh Apartment (promotion of Construction, Ownership and Maintenance) Act, 2010 (U.P. Act no. 16 of 2010), the Governor hereby makes the following Model Bye-Laws in accordance with which every Association of Apartment Owners shall make its Bye-Laws at its first meeting for the administration of the affairs in relation to the apartments and the property appertaining thereto:-

Page 1 of 21

BYE-LAWS

CHAPTER-I

PRELIMINARY

1. Short title and application-

(i) These Bye-Laws may be called the Bye-Laws of the Jal Vayu Vihar, Greater Noida Phase-I.

(ii) The provisions of these Bye-Laws apply to the Jal Vayu Vihar Condominiums.

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

(a) “Act “refers to either The Societies Registration Act 1860(Act 21 of 1860) or the Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act 2010.

(b) “Association” means Jal Vayu Vihar Flat Owners Welfare Association (JVVFOWA) the Association of all the apartment owners constituted by the owners for the purpose of the Jal Vayu Vihar Condominium.

(c). “Allottee” means to whom the flat was allotted originally by the AFNHB.

(d) “Board” or “Management Committee” means the Management Committee consisting of 4 to 10 Office bearers who shall be the owners of apartments in the Jal Vayu Vihar condominium.

(e) “Building” means the buildings 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 in close proximity.

(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 framed and adopted by this Association.

(j). “Committee” means Management Committee of JVVFOWA and is the Governing Body together with Co-opted members (no of co-opted members not to exceed 6).

(k). “EGBM” means Emergency General Body Meeting held for a particular agenda and its related points to be held with a minimum of 07 days notice.

Page 2 of 21

(l). Eligible member- A member who has not been disqualified under the provisions in JVVFOWA Bye-Laws.

(m). “Family” means husband, wife, dependent children, legally adopted children and dependent parents.

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

(p). “Governing Body” The Governing Body of the Society is the elected member’s committee to whom by the Rules and Regulations of the Society the Management of its affairs is entrusted (Section – 16).

(q). “JVVFOWA” means Jal Vayu Vihar Flat owners Welfare Association.

(r) “Majority” of owners mean those owners holding 51 percent of the votes.

(s) “Owners” or “Apartment Owners” means the person owning an apartment in the Jal Vayu Vihar condominium.

(t) “Registrar” means the Registrar under the provisions of the Societies Registration Act.

(u). “Registration” means, Registration of the Association with the registrar of firms and Societies under the Societies Registration Act 1860 (Act No. 21 of 1860).

(v). “RULES” means Rules & Regulations JVVFOWA Greater NOIDA.

(w) “Section” means a section of the Act.

(x). “Subsequent Buyer” means subsequent transferee of ownership.

(y) “Unit” means a Dwelling or Non-dwelling Unit in the Jal Vayu Vihar Condominium.

(z). “Voter” means an eligible member whose name appears in the voter list prepared by Management, approved and signed by Election Officer for the purpose of election.

3. Objectives of Association : The main objective of the Jal Vayu Vihar Society is to look after the interest of the serving & Retd Defence personnel as well as widows of service personnel. As enshrined in the constitution of AFNHB and the procurement of land as a welfare measure for the defence persons from U.P. State, Society is bound to keep the interest of defence personnel as a prime tenet (basic factor). Other objectives of the Association shall be-

(a). To be and to act as the Association of apartment owners of the Jal Vayu Vihar Flat Owners Welfare Association (JVVFOWA).

Page 3 of 21

(b). To maintain, manage and administer the Jal Vayu Vihar (JVV) residential complex comprising of 836 Dwelling units, Community Centre, Shopping Complex, Common area and all allied facilities provided to the Jal Vayu Vihar Complex.

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

(d). To 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, Greater Noida.

(h). To recover from the members all ground rents, fees 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.

(k). To take all necessary measures to ensure safety & security and take all necessary measures to safeguard the residential complex from fire through fire- precautions. (Separated instructions on Fire precautions & Fire Fighting).

(l). To engage adequate staff for undertaking day to day maintenance and other periodical maintenance/repairs.

(m). To collect monthly maintenance charges levied on members for fulfilling above objectives.

(n). 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, distribute the cost amongst affected dwelling units occupants (whether allottees or otherwise) with the provision that in such as eventuality the occupant, other than allottee would be expected to derive

means either to realize the cost of damage from allottee or bear the same himself.

Page 4 of 21

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

(p) 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 apartment owners.

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

(r). To develop mutual friendship, harmony, brotherhood & co-operation amongst the residents of Jal Vayu Vihar.

(s). To promote and co-ordinate all such activities, programs and projects that would improve environment and quality of life in JVV, Greater Noida.

(t). To function as a charitable and welfare Association devoid of any motive of profit.

(u). To lay down additional rules/ guidelines/instructions in amplification of these Bye Laws and overall general interest of the objective of the Association.

(v). To undertake any other task as may be incidental or essential for the fulfilment of the above-enumerated objectives.

(w) To do all things necessary or otherwise provide for their welfare expedient for the attainment of the objects specified in these Bye-Laws.

(x) The Association shall not act beyond the scope of its objects without duly amending the provisions of these Bye-Laws for the purpose.

4. Members of Association-

(a). Permanent Member:

(i). Person Allotted Dwelling Unit by AFNHB- Original Allottee of flats 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.

Page 5 of 21

(iii). Legal Heir(s) as accepted by AFNHB of deceased member, but only after specific approval of JVVFOWA. Further, where the heirs are more than one, then they would have to decide only one of them as the nominee who will enjoy the rights as a permanent member.

(iv). In accordance with the Master Brochure of AFNHB, it is obligatory for all allottees of flats in Jal Vayu Vihar Complex to be the members of this association.

(v). The name of all permanent members will be registered in a register to be maintained in the Association Office.

(b). A ssociate Members :

(i). Non-allottee residents (tenants) of Jal Vayu Vihar Residential Complex shall be the Associate members of the association. Such members shall also be entitled to all the services provided to the complex. An associate member will have to fill up the relevant registration form for formalizing their membership of JVVFOWA given at Annexure-I. A duly attested passport size photograph of the prospective members shall be affixed on the registration form.(ii). Associate members will be allowed to attend AGM/GBMs to discuss general points of the Society. They will not have the right to vote on various issues discussed in the AGM/GBM or in the Management/ Executive Committee meeting. They have no voting rights for elections.(iii). They will be responsible to the Association for payment of periodic maintenance and other charges. They are required to follow all Bye-Laws, Rules & Regulations as laid down. They are responsible for timely renewal of their tenancy agreement. In case of default Association will provide 72 hours notice to vacate with a copy to the owner of Dwelling Unit.

5. Joint Apartment Owners- Joint apartment ownership is permitted after due concurrence from AFNHB and as a tripartite agreement. Following guides the joint ownership.

(a). In case of joint ownership, only ONE owner as mutually decided and approved by the Governing Body will be deemed to be competent to exercise all RIGHTS of membership with relevant OBLIGATIONS.

(b). The AFNHB entertains transaction/ correspondence with the original allottee only and not with joint allottee.

Page 6 of 21

6. Holding one share compulsory- There is nothing like a share of the Association in JVVFOWA.

7. Disqualification & Termination:-

(a). Disqualification- No apartment owner is entitled to vote in the elections of members of the Management Committee ie President, Secretary, Treasurer or any other office bearer or entitled to stand for election to such office, if:-

(i). He is in arrears, of any sum due from him in respect of his contributions for common expenses, for more than sixty days

on the last day of the year preceding the year in which the elections to Board would take place.

(ii). He violates the Rules and Regulation of the Society.

(iii). He indulges in activities against the interest of the Society.

(b). Termination of Membership- The Management Committee shall have the powers to expel/ terminate a member or/member from the membership of the Association on following grounds:

(i). Death

(ii). Written withdrawal of Membership

(iii). Applies for insolvency

(iv). Becomes of unsound mind

(v). Involved in any anti-social activities

(vi). Violates the agreement between AFNHB and himself and undertakes unauthorised construction or encroaches on land belonging to Society & AFNHB.

(vii). For violation of Rules and Regulation of Society or involved in activities against the interest of the Society. A resolution can

be brought forward by MC or passed in GBM against such member. Such an action will only be initiated after the involved society

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

Page 7 of 21

CHAPTER-II

VOTING, QUORUM AND PROXIES

8. 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.

9. Quorum- Except as otherwise provided in these Bye-Laws, the presence in person of 30 percent of owners shall constitute a quorum.10. Votes to be Cast in Person/ Proxy Voting- Votes have to be cast in person. However, permanent members having voting rights may authorise co-registrant only through written request. The written request will carry the photo of authorised person and will be approved by the Returning officer/ Management Committee.

CHAPTER-III

ADMINISTRATION

11. 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.

Page 8 of 21

12. Place of Meeting- The meetings of General Body shall be held in the Association Community Hall from time to time to be fixed by the Association. In exceptional circumstances it can be arranged at suitable place within Society premises. 13. Annual Meeting (AGM) - AGM’s of the Association shall be held on such date as the Association may decide. At AGM Society 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.14. General Body Meeting (GBM’s)- GBM’s are to be held at regular scheduled intervals depending upon the business to be transacted or under following circumstances.

(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.(d). On request of at least 25% of permanent member or 50% of both

permanent & associate members.15. Purpose of Calling GBM- The GBM will be called for the following.

(a). To suspend or remove member(s) of the Management Committee including President/ Vice-President.

(b). To revise rates of Society charges as well as impose penal interest or overdue payments.

(c). To authorise purchasing committee for purchase of property or Assets.

(d). To initiate action against defaulters for violation of Bye-Laws, Rules and Regulation, in social/ criminal behaviour and working against Society interest. Such an action can result in initiation of proceedings for eviction.

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

Page 9 of 21

18. 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.19. 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 Board(h) Unfinished business, if any(i) New Business

CHAPTER-IV

MANAGEMENT COMMITTEE

20. Management of Association- The affairs of the association shall be governed by the Management Committee. The Management Committee shall comprise of Minimum four (4) and Maximum (10) persons. In JVVFOWA Management Committee (MC) is as follow:-

(a). President (b). Vice-President Governing Body Consists

essentially of these 4 Elected Members(c). Secretary (d). Treasurer (e) Co-opted Members (Total of six Members one of these

six Co- opted members could be from the Associate Members)

Page 10 of 21

21. 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. He is 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 non compliance of laid down Rules and Regulation.

(c). Exercising strict financial discipline. He 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 required basis. 22. Vice-President- In the absence of the President the Vice-President shall perform the duties of the President and in case both the President and the Vice-President are absent, the Board shall appoint some other member of the Management Committee on an interim basis. The Vice-President shall also perform such other duties assigned to him by the President/ Management Committee.23. Secretary- The Secretary shall be the Administrative officer of the Association and should be responsible to the President for the administration of the society. He will 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. He is responsible for:

(a). Conducting of Meetings (GBM, AGBM, EGBM, Management Committee Meetings):- He is to initiate convening order of AGBM, GBM, EGBM & MC Meeting with sufficient notice to all members. He is to

ensure that maximum number of Permanent/ Associate Members are informed about the planned meeting(s). He is to record and prepare the minutes of the meeting and these are to be displayed for the information of all members, through Association, website and Black Boards

inside the Society. The Secretary shall maintain two separate minutes books, one for the Association of Apartment owners and the other for the Management Committee. Pages of each of the minutes book shall be consecutively numbered and to keep an account of attendance

during these meetings a separate Attendance Register should be available at the time & venue of each meeting.

(b). Employees Functioning & Discipline: Society having employed casual work force of Office Staff, Sweepers and Malis requires secretary to exercise effective control on their job performance, discipline and welfare.

Page 11 of 21

(c). Financial Matters: He is 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 is to incur authorised expenditure within limits prescribed in these Bye-Laws. He is to keep record of periodical financial checks.

(d). Maintenance of Records and Books of Account: He is to maintain all records and various registers updated as per Bye-Laws, Registrar’s Office instructions and present these as and when required. He is to ensure that all books of account like receipt books/ payment vouchers both current and in stock are properly accounted for. A proper record of date of issue and date of closing should be entered into a register duely authenticated by President of the Association. He is to help the local auditor in carrying out preparation of income/ expenditure statement.

(e). Inventory Control: He is to have a proper control on Societies both movable/ immovable assets through an inventory. Inventory is to be periodically checked and due recommendations sought through Board for write off/ struck off charge action. 24. 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. His tour of responsibilities calls for:

(a). Organising an effective receipt and disbursement as well as cash handling system.

(b). Not to keep, physical cash exceeding Rs. 5000/- on a day except Saturday/ Sundays and holidays and ensure safe keeping of the cash in excess of Rs. 5000/-.

(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.25. 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 authorise. In JVVFOWA, he is called Estate Manager (EM) and is to work under the Secretary of the Association. His duties are attached at Appendix “A”.26. 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.27. 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:-

Page 12 of 21

(a). Maintenance, repair and replacement of the common areas and facilities.

(b). Collection from apartment owners share of common expenses.(c). Resignation and removal of persons employed for the

maintenance, repair and replacement of common areas and facilities.(d). To provide for the manner in which the audit and account of the

Association shall be carried out.(e). To inspect the accounts kept by the Secretary/ Treasurer and

examine the registers and account books and to take steps for the recovery of all sums due to the Association.

(f). To see that cash book is written up promptly and is signed daily by one of the members of the Board.

(g). To specify the times and manner in which the Annual General Meetings and special General Meetings of the Association shall be held and conducted. 28. 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 following Sunday after 31st

March or any other following weekly day as decided by MC). Members shall elect or start election procedure of 4 main office bearers that is President, Vice-President, Secretary and Treasurer from members of Association. Provided that no member shall be eligible for election if he has been

found guilty of misusing the post during the previous term. The term of office of the office bearers of the Management Committee shall be one year from the date of assuming office and they will be eligible for reelection,

provided that a person cannot hold the same post continuously for more than 2 years. In order to have 10 members in the Management Committee six co-opted members can be selected/elected in GBM following election of the main office bearers.

(b). An arrangement shall be made by the Management to ensure that one third members of the MC retire annually.

(c). The office bearer shall hold office until their successors have been elected and hold their first meeting. 29. Election Details/Procedure:- Election of four members of Management Committee viz President, Vice-President, Secretary and Treasurer will be from Permanant Ex-Serviceman members of JVV. These four individuals should be able to devote sufficient time to the Society affair without any consideration or personal interest. Election/Selection of other six members (five from Permanent & one from Associate members) can be held in a GBM called for Handing over/Taking over of Management Committee or President can nominate these who will form the Management committee/Governing Body. Other details about elections are as follows:-

Page 13 of 21

(a). Eligibility:- Permanent Ex-Servicemen Members residing in JVV, Greater Noida who have cleared dues till 31 Dec/ 31 March and have not defaulted on any other count. Accordingly the voter list is to be drawn/published.

(b). Schedule for Election:- Proposed schedule for completion of election within 45 days after the AGM minutes have been displayed and names of election officer and stand by election officer are published is given in “Annexure-II”.30. 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.31. 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.32. Organisation of Meeting- The first meeting of a newly elected 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 legally to constitute such meeting, provided a majority of the members of the Board shall be present.

33. Regular Meeting- Regular meeting of the Management Committee may be held at such time and such place as may be determined from time-to-time by a majority of office bearer s but at least two such meetings shall be held during each year. Notice of regular meetings of the Board shall be given to each office bearer personally or by mail at least three days prior to the date of such meeting.34. Special Meeting- Special meeting may be called by the President on three day’s notice to each office bearer and notice of such meeting may be given personally to each office bearer. Special meeting of the Board shall be called by the President or the Secretary on a written request of at least three office bearers.35. Waiver of notice- Before any meeting of the Board any office bearer may in writing waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice.36. Quorum- In all the meetings of the Board 1/3rd of the total strength of the office bearers shall constitute a quorum. If at any meeting of the Board there be less than a quorum present the majority of those present may adjourn the meeting, the members present in person being not less than 3 shall form a quorum and the business which might have been transacted at the meeting originally called may be transacted without further notice.

Page 14 of 21

37. 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.

CHAPTER-V

OBLIGATION OF THE APARTMENT OWNERS

38. Assessments- 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.39. 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 apartment owner concerned.

(c) The owner shall re-imburse the association for any “expenditure” incurred in repairing or replacing any common area and facilities damaged due to his fault.

(d) The apartment owner shall 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-shooter.40. 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. 41. Use of Dwelling Units: Internal Changes-

(a) All the Units shall be utilised for residential/ approval purposes only.

(b) An owner shall not make any structural modifications or alterations in his unit or installations located therein, without notifying the Association in writing and obtaining the requisite permission of the prescribed sanctioning authority. The Association shall have the obligation to answer within thirty days and failure to do so shall mean that there is no objection to the proposed modification, alteration or installation.

Page 15 of 21

(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 structure of the building.

(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.If any of the above changes are effected by any owner, he will make them good at his own cost, failing which the Association is entitled to effect recovery of the cost of rectification from him.42. Transfer of an Apartment- The transfer of an apartment shall be made by a registered deed of an apartment. The transferor shall produce “no dues certificate” from the Association of the apartment owners at the time of the transfer of the apartment. Procedure to be followed, as laid down in AFNHB

Brochure. NOC is to be issued by Association only after ascertaining that all due including entrance fee have be deposited (ensure Cheque has been realized) with the Association. Provided further that the transferor of an apartment owner shall a pay ½ percent (0.5%) of the transfer value to the Association for transferring his apartment to his prospective buyer and such amount shall be kept in a fund by the Association for being used in future for the major repairs.43. Use of Apartments, Common Areas and Facilities and Limited Common Areas and Facilities- An apartment owner of a residential unit shall use it for only residential purpose. The residents shall:-

(a). Not use his flat/ parking space or part of it for any commercial purpose. In case the flat is rented out, it shall be ensured that the tenant also complies with these requirements.

(b). Not carry out constructions/ additions/ alterations in the flat/ 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 guideline Sep 02 and Para 31 of AFNHB master broachers Sep 01 are relevant).

(c) No apartment owner would exempt himself from liability for his contribution towards the common expenses by waiver of the use or

enjoyment of any of the general and/ or limited common areas and facilities, or by the abandonment of his dwelling unit.

Page 16 of 21

(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 or objects of any 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 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 Society 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 in addition to their allotted garages/ parking facilities.

(g). The convenient shops inside the Society should cater to the needs of the apartment owners and not outsiders.

(h). If the terrace of a building/ block is declared as ‘common area and facility’ by the promoter, the Association shall maintain it and its maintenance expenses shall be part of the common expenses of the building. Provided that if the terrace or its part is declared by the promoter as ‘limited common area’ or an ‘independent area’, the beneficiary/ holder of such terrace or its part shall be bound to keep such terrace in good condition and water proof, failing which the Association shall maintain it at its own expense and recover it from the concerned defaulting beneficiary/ holder of the terrace.44. Right of Entry-

(1) An owner shall grant the right of entry to the office bearer or to any other parson authorised by the Management Committee in case of emergency whether the owner is present at the time or not.

(2) An owner shall permit other owners or their representatives when so required to enter his DU 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.45. 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. Residents keeping pets shall abide by the municipal sanitary bye-laws or regulations. Use of loud speaker(s) in a function is strictly restricted up to 1000 hrs IST. No band shall play inside the Society premises.

Page 17 of 21

(c) It is prohibited to throw garbage or trash outside 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.

(d). Not to use generators, however use of invertors is permitted.46. Damages- Any damages due to the negligence, misuse or faults on the part of an apartment owner, family member(s), or guest(s) shall be the responsibility of the apartment owner. The Association shall charge the apartment owner for such repairs, an amount to cover the cost of time, labour, materials and/ or outside contractors. The charge must be paid by the apartment owner within 30 days of the demand of the charge.

47. Unlawful Activities- The apartment owner, his family or guest (s) shall not engage in any act intended to facilitate criminal activity, including act of violence in the apartment, building or common areas.48. Visitors/ Guests- The entry of visitors/ Guest(s) and their vehicles is strictly regulated through security establishment. The guests or the owner (who is going to receive them) must keep informed the JVVFOWA Office/ Security at the gate likely purpose of visit and duration of stay.

CHAPTER-VI

FUNDS AND THEIR INVESTMENTS

49. Funds- To meet all the financial commitment, it is inevitable and necessary that Association builds up adequate capital. Association shall raise the capital in the following manner:-

(a) Income from booking of community centre for various functions.(b) By contributions and donations by the apartment owners.(c) Rental from shops, vendors and business promotion activities.(d) Maintenance and Water charges.(e) Long Term Management Funds (LTMF):- It constitutes of a fixed

amount per DU 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.

Page 18 of 21

50. Investment- The Association shall invest or deposit its funds in Nationalised Bank(s) as Saving Bank account as well as Fixed Deposit Receipts (FDRS). It cannot invest in speculative market or ventures.51. 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.52. Accounts Operations (withdrawals/ from Banks):- All accounts are to be operated jointly by President and Secretary of the Society. In absence of President, Vice –President will be the second signatory. In an emergency and availability of a single member only, the bank may permit withdrawal on a

single signature of any one of the President/ Vice-President/ Secretary. Regular statements of accounts are to be prepared, checked by independent member and certified accordingly for their correction. 53. Financial Powers:- Following financial powers of President/ Vice-President and Secretary has been authorised by General Body (Revised vide AGM dated 04 May 2014).

(i) MANAGEMENT COMMITTEE:- Rs. 2, 50, 000 (Rupees Two Lac Fifty Thousand Only) single expenditure and maximum to Rs. 10, 00, 000

(Rupees Ten Lac Only) per year.(ii) PRESIDENT:- Rs. 10, 000 (Rupees Ten Thousand Only) Per Job/ item

and a maximum of Rs. 50, 000 (Rupees Fifty Thousand Only) per year. (iii) SECRETARY: Rs. 5, 000 (Rupees Five Thousand Only) Per Job/ item

and a maximum of Rs. 20, 000 (Rupees Twenty Thousand Only) per year. Note: The President and Secretary will inform the Managing Committee from time to time of the extent of their financial powers exercised by them with requisite details.

54. Accounts-(1) The Association shall open a banking account and deposit the

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

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

(a) The profit and loss accounts(b) The receipts and expenditure of the previous financial year(c) A summary of the property and assets and liabilities of the

common areas and facilities of the Association giving such particulars as will disclose the general nature of these liabilities and assets and how the value of fixed assets have been arrived at.

Page 19 of 21

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

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

55. 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.56. Appointment of Auditors- The Association shall appoint at its general meeting an auditor who shall audit the accounts of the Association to be prepared by the Board.57. Power of Auditor- The auditor shall be entitled to call for and examine any papers or documents belonging to the Association relating to the common areas and facilities and common expenses and shall make a special report to the Association upon any matter connected with the accounts which appears to him to require notice.

CHAPTER-VII

MORTGAGES

58. Notice to Association- If an owner mortgages his unit, he shall notify the Association through the office bearer or President of the Board, the name and address of the mortgage and the Association shall maintain such information in a book entitled “Mortgages of Units”.

59. 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 unit.

CHAPTER-VIII

COMPLIANCE

60. Compliance- These Bye-Laws 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.

Page 20 of 21

61. Seal of the Association- The Association shall have a common seal which shall be in the custody of the Secretary and shall be used under the authority of a resolution of the Board and every deed of Instrument to which seal is affixed shall be attested for and on behalf of the Association by two

members of the Board and the Secretary or any other person authorised by the Association.

CHAPTER-IX

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

CHAPTER-X

AMENDMENTS TO PLAN OF APARTMENT OWNERSHIP

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

Page 21 of 21