Bye-Laws of a Condominium

CHAPTER I
1. Short title and Application. –
(1) These Bye-laws may be called the Bye-laws of the Condominium.
(2) The provisions of these Bye-laws apply to the Condominium.
All present or future owners, tenants, future tenants, or their employees, or any other person that might use the facilities of the building in any manner, are subject to the regulations set-forth in these Bye-laws.
The mere acquisition or rental or taking on licence of any of the family units (hereinafter referred to as "units") of the building or mere act of occupancy of any of the said units will signify that these Bye-laws are accepted, ratified, and will be complied with.

2. Definitions. - (1) In these Bye-laws, unless the context requires otherwise,-
(a)"Act means the Maharashtra Apartment Ownership Act, 1970;
(b)"Association" means the Association of all the Apartment Owners constituted by such owners for the purpose of the Condominium;
(c) "Board" means a Board of Managers consisting of …persons, all of whom shall be owners of apartment in the Condominium;
(d) "Building" means the building located at …. and known as the…Condominium, and includes the land forming part thereof;
(e) "Declaration" means the Declaration which the sole owner of the building or all the owners of the building have executed and registered as provided in section 2 of the Act;
(f) "Majority of owners" means those owners holding 51 per cent of the votes in accordance with the percentages assigned in the Declaration;
(g) "Owner" or "apartment owner" means the person owning an apartment in the………….Condominium;
(h) "Section" means a section of the Act;
(i)   "Unit" means a family unit in the	
Condominium; 
(j)   "Registrar" means the Registrar of Co-operative Societies.

(2) Words and expressions used in these Bye-laws but not defined therein shall have the meaning respectively assigned to them in the Act.
3. Apartment Ownership. - The building located at………..street, city/town/village of………in the……….District….known as………Condominium is submitted to the provisions of the Act.
4. Objects of Association.- (1) The objects of the Association shall be-
(a)  to be and to act as the Association of Apartment Owners of the building called	at ………………(herein called "the said building") who have filed their respective Declaration submitting their apartments to the provisions of the Act;
(b) to invest or deposit moneys;
(c) to provide for the maintenance, repair and replacement of the common areas and facilities by contributions from the apartment owners, and if necessary by raising loans for that purpose;
to retain and rent or licence if possible, suitable portions of the common areas to outsiders for commercial purposes, and to distribute the common profits left after deducting the common expenses amongst the apartment owners as common profits or accumulate the same for building up a reserve fund;
(d) to provide for and do all and any of the matters provided in subsection (2) of section 16 of the Act;
(e) to advance, with the consent of the apartment owners, any short-term loans to any apartment owners in case of any emergent necessity, and to provide for the repayment thereof in lump sum or in instalments;
(f) to establish and carry on. on its own account or jointly with individuals or institutions, educational, physical, social and recreative activities for the benefit of the apartment owners;
(h) to frame rules, with the approval of the general meeting of the Association and after consulting the competent authority and may establish a provident fund and gratuity fund, if necessary, for the benefit of the employees of the Association; [i] to do all things necessary or and otherwise provide for their welfare expedient for the attainment of the objects specified in these Bye-laws.
(2) The Association shall not act beyond the scope of its objects without duly amending the provisions of these Bye-laws for the purpose.
5.	Members of Association.  (l) All persons who have purchased
apartments in the	Condominium
and executed respective Declarations under section 5 submitting their apartment to provisions of the Act shall automatically be the members of the Association, and shall pay the sum of one rupee as entrance fee and may purchase at least one share of the face value of Rs.   100 each. Each apartment owner shall receive a copy of the Bye-laws on payment of one rupee.
(2)	Upon any apartment owner selling his apartment or absolutely con
veying the same by way of gift under his Will or otherwise, the purchaser
or donee shall automatically become a member of the Association, and shall
be admitted as member on payment of the entrance fee of one rupee. The
shares held by an apartment owner shall be transferred to the name of such
purchaser or donee on payment of one rupee to the Association.
(3)	On the death of an apartment owner, his apartment shall be
transferred to the person or persons to whom he bequeaths the same by his
Will or to the legal representatives of his estate, in case he has not made
any specific bequest of the apartment. The name of the legatee or the names
of the legal representatives jointly shall be entered in the register of
apartment owners maintained by the Secretary for the purposes of admini
stration of the	Condominium
as apartment owner or joint apartment owners. Where any legatee is minor, the apartment owner shall be entitled to appoint a guardian of such minor.
6.	Joint apartment owners. - Where an apartment has been pur
chased by two or more persons jointly, they shall be jointly entitled to the
apartment and the shares of the Association shall be issued in their joint
names, but the person whose name stands first in the share certificate shall
alone have the right to vote.
7.	Holding of one share compulsory. - Every apartment owner must
hold at least one share of the Association (joint apartment owners holding
the share jointly).
8.	Disqualifications. - No apartment owner shall be entitled to vote on
the election of members of the Board or the President, Secretary, Treasurer
or any other office bearer or be entitled to stand for election to such office
if he is in arrears of any sum due from him in respect of his contributions
for common expenses, for more than sixty days on the last day of the year
preceding the year in which the elections to the Board would take place.
CHAPTER II Voting, Quorum and Proxies
9.	Voting. - Voting shall be on a percentage basis, and the percentage
of the vote to which the owner is entitled is the percentage assigned to the
family unit or units in the Declaration.
10.	Quorum. - Except as otherwise provided in these bye-laws, the
presence in person of a majority of owners shall constitute a quorum.
11.	Votes to be cast in person. - Votes shall be cast in person.
CHAPTER III Administration
12.	Powers and duties of Association. - The Association will have the
responsibility of administering the	
.... Condominium, approving the annual budget, establishing and collect-ing monthly assessments and arranging for the management of the Condominium in an efficient manner. Except as otherwise provided, resolutions of the Association shall require approval by a majority of owners, casting voles in persons.
13.	Place of meetings. - Meetings of the Association shall be held at
suitable place convenient to the owners as may from time to time be
designated by the Association.
14.	Annual meetings. - The first annual meeting of the Association
shall be held on	(date). Thereafter, the annual meetings
of the Association shall be held on the	[1st, 2nd, 3rd,
4th)	(Monday, Tuesday, Wednesday, etc.) of	
	(month) each succeeding year. At such meetings there shall
be elected by ballot of the apartment owners a Board in accordance with the requirements of bye-law 23. The owners may also transact such other business of the Association as may properly come before them.
15.	Special meetings. - It shall be the duty of the President to call a
special meeting of the apartment owners as directed by a resolution of the
Board or upon a petition signed by a majority of the owners and having been
presented to the Secretary, or at the request of the Housing Commissioner,
or as the case may be, the Registrar or any officer duly authorised by him
in this behalf. The notice of any special meeting shall state the time and
place of such meeting and the purpose thereof. No other business shall be
transacted at a special meeting except as slated in the notice without the
consent of four-fifths of the owners present in person.
16.	Notice of meetings. - It shall be the duty of the Secretary to mail
or send a notice of each annual or special meeting, stating the purpose
thereof as well as the time and place where it is to be held, to each apartment
owner, at least 2 but not more than 7 days prior to such meeting. The
mailing or sending of a notice in the manner provided in this bye-law shall
be considered notice served. Notices of all meetings shall be mailed or sent
to the Housing Commissioner, or as the case may be, the Registrar.

17.	Adjourned meetings.  - If any meeting of owners cannot be
organised because a quorum has not attended the owners who are present,
may adjourn the meeting to a time not less than fourty-eight hours from
the time the original meeting was called. If at such adjourned meeting also,
no quorum is present the owners present in person being not less than two
shall form a quorum.
18.	Order of business. - The order of business at all meetings of the
owners of units shall be as follows :--
(a)  Roll call.
(b)  Proof of notice of meeting or waiver of notice.
(c)	Reading of minutes of preceding meeting.
(d)	Reports of officers.
(e)	Report of the Housing Commissioner, or the Registrar or of the
Officer duly authorised by them, if present.
(f)	Report of Committees,
(g)	Election of Board.
(h)	Unfinished business, if any.
(i)	New business.
CHAPTER IV Board of Managers
19.	Management of Association. - The affairs of the Association shall
be governed by a Board.
20.	Powers and duties of Board. - The Board shall have the powers
and duties necessary for the administration of the affairs of the Associa
tion, and may do all such acts and things as are not by law or by these bye-
laws directed to be exercised and done by the owners.
21.	Other duties. - In addition to duties imposed by these bye-laws or
by resolutions of the Association, the Board shall be responsible for the
following that is to say :--
(a)	care, upkeep and surveillance of the	
Condominium and the common areas and facilities and the restricted common areas and facilities;
(b)	collection of monthly assessment from the owners;
(c)	designation, employment, remuneration and dismissal of the
personnel necessary for the maintenance and operation of the
	Condominium, the common areas and facilities
and the restricted common areas and facilities;
(d)	to provide for the manner in which the audit and accounts of
the Association shall be carried out;
(e)	to inspect the accounts kept by the Secretary and/or the
Treasurer, and examine the registers and account books and to
take steps for the recovery of all sums due to the Association;
(f)	to sanction working expenses, count cash balance and deal
with other miscellaneous business;
(g)	to see that cash book is written up promptly and is signed daily
by one of the members of the Board authorised in this behalf;
(h) to hear and deal with complaints.
22.	Manager. - The Board may employ for the Association a manager
at a compensation determined by the Board to perform such duties and
services as the Board shall authorise including but not limited to the duties
listed in bye-law 21.
23.	Election and term of office. - At the first annual meeting of the
Association, the term of office of two Managers shall be fixed for three years.
The term of office of two Managers shall be fixed at two years, and the term
of office of one Manager shall be fixed at one year. At the expiration of the
initial term of office of each respective Manager, his successor shall be
elected to serve a term of three years. The Managers shall hold office until
their successors have been elected and hold their first meeting. (If a larger
22.	
Board is contemplated, the terms of office should be established in a similar manner so that they will expire in different years).
24.	Vacancies. - Vacancies in the Board caused by any reason other
than the removal of a Manager by a vote of the Association shall be filled
by vote of the majority of the remaining Managers, even though they may
constitute less than a quorum; and each person so elected shall be a
Manager until a successor is elected at the next annual meeting of the
Association.
25.	Removal of Managers. - At any regular or special meeting duly
called any one or more of the Managers may be. removed with or without
cause by a majority of the apartment owners and a successor may then and
there be elected to fill the vacancy thus created. Any Manager whose
removal has been proposed by the owners shall be given an opportunity to
be heard at the meeting.
26.	Organisation meeting. -The first meeting of a newly elected Board
shall be held, within ten days of election at such place as shall be fixed by
the Managers at the meeting at which such Managers were elected and no
notice shall be necessary to the newly elected Managers in order legally
to constitute such meeting, provided a majority of the whole Board shall be
present.
27.	Regular meetings. - Regular meetings of the Board may be held
at such time and place as shall be determined, from time to lime, by a
majority of Managers, but at least two such meetings shall be held during
each year. Notice of regular meetings of the Board shall be given to each
Manager, personally or by mail, or telegraph, at least three days prior to
the day named for such meetings.
28.	Special meetings. - Special meetings of the Board may be called
by the President on three days' notice to each Manager, given personally
or by mail, or telegraph, which notice shall state the time, place (as
hereinabove provided) and purpose of the meeting. Special meetings of the
Board shall be called by the President or Secretary in like manner and on
like notice on the written request of at least three Managers.
29.	Waiver of notice. - Before or at any meeting of the Board any
Manager, may, in writing waive notice of such meeting, and such waiver
shall be deemed equivalent to the giving of such notice. Attendance by a
Manager at any meeting of the Board shall be a waiver of notice by him of
the time and place thereof. If all the Managers are present at any meeting
of the Board,  no notice shall be required and any business may be
transacted at such meeting.
30.	Quorum. - At all meetings of the Board, one third of the total
strength of the Managers shall constitute a quorum for the transaction of
business, and the acts of the Managers present at a meeting at which a
quorum is present shall be the acts of the Board. If, at any meeting of the
Board, there be less than a quorum present, the majority of those present
may adjourn the meeting from time to time. At any such adjourned meeting,
any business which might have been transacted at the meeting as originally called may be transacted without further notice, provided there is a quorum present.
31. 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 premiums on such bonds shall be paid by the Association.
CHAPTER V Officers
32.	Designation. - The principal officers of the Association shall be a
President, a Vice-President, a Secretary, and a Treasurer, all of whom shall
be elected by and from the Board. The Board may appoint an Assistant
Treasurer, and an Assistant Secretary, and such other Officers as in their
judgment may be necessary. (In the case of an Association of one hundred
owners or less the offices of Treasurer and Secretary may be filled by the
same person).
33.	Election of Officers. - The Officers of the Association shall be
elected annually by the Board at the organisation meeting of each new
Board and shall hold offices at the pleasure of the Board.
34.	Removal of Officers. - Upon an affirmative vote of a majority of the
members of the Board any officer may be removed, either with or without
cause, and his successor elected at any regular meeting of the Board or at
any special meeting of the Board called for such purpose.
35.	President. - The President shall be the Chief Executive Officer of
the Association. He shall preside at all meetings of the Association and of
the Board. He shall have all of the general powers and duties which are
usually vested in the office of President of an Association, including, but
not limited to. the power to appoint committees from among the owners
from time to time as he may in his discretion decide to be appropriate to
assist in the conduct of the affairs of the Association.
36.	Vice-President. - The Vice-President shall take the place of the
President and perform his duties whenever the President shall be absent
or unable to act. If neither the President nor the Vice-President is able to
act, the Board shall appoint some other member of the Board so to act on
an interim basis. The Vice-President, shall also perform such other duties
as shall from time to time be imposed upon him by the Board.
37.	Secretary. - The Secretary shall keep the minutes of all meetings
of the Board and the minutes of all meetings of the Association; he shall
have charge of such books and papers as the Board may direct; and he shall,
in general, perform all the duties incidental to the office of Secretary.
38.	Treasurer. - The Treasurer shall be responsible for Association
funds and securities and shall also be responsible for keeping full and
accurate accounts of all receipts and disbursements in books belonging to
the Association. He shall be responsible for the deposit of all moneys and
other valuable effects in the name and to the credit, of the Association in
such depositaries as may from time to time be designated by the Board.
CHAPTER VI
Obligation of the apartment owners 39- Assessments. - All owners are obliged to pay monthly assessments
imposed by the Association to meet all expenses relating to the	
	Condominium, which may include an insurance premium for a policy
to cover repair and reconstruction work in case of hurricane, fire, earthquake or other hazard or calamity. The assessments shall be made prorata according to the value of the unit owned, as, stipulated in the declaration. Such assessments shall include monthly payments to a General Operating Reserve and a Reserve Fund for Replacements.
40.	Maintenance and repair. -(1) Every owner must perform promptly,
all maintenance and repair work within his own unit, which if omitted
would affect the	Condominium in entirety or in a part
belonging to other owners, being expressly responsible for the damages and liabilities that his failure to do so may endanger.
(2)	All the repairs of internal installations of the unit such as water,
light, gas, power, sewage, telephones, air-conditioner, sanitary installa
tions, doors, windows, lamps and all other accessories belonging to the unit
area shall be at the expense of the apartment owner concerned.
(3)	An owner shall reimburse the Association for any expenditures
incurred in repairing or replacing any common area and facility damaged
through his fault.
41.	Use of family units-internal changes. - (1) All units (except units
on the *	) shall be utilised for residential purposes
only.
(2) An owner shall not make any structural modifications or alterations in his unit or installations located therein without previously notifying the Association in writing, through the President of the Board if no Manager is employed. The Association shall have the obligation to answer within thirty days and failure to do so within the stipulated time shall mean that there is no objection to the proposed modification, alteration or installation.
42.	Use of common areas and facilities and restricted common
areas and facilities. - (1) An owner shall not place or cause to be placed
in the lobbies, vestibules, stairways, elevators and other areas of	
	Condominium and facilities of a similar nature both common and
restricted, any furniture, packages or objects of any kind. Such areas shall be used for no other purpose than for normal transit through them.
(2) The	Condominium shall have	elevators ,
	devoted to the transportation of the owners and
their guests land	for freight service, or auxiliary
purposes. Owners and tradesmen are expressly required to utilise exclusively a freight or service elevator for transporting packages, merchandise or any other object that may affect the comfort or well-being of the passengers of the elevators dedicated to the transportation of owners, residence and guests.
      Here specify number of apartment, if any, used for commercial purposes.       To be retained where necessary.
43.	Right of entry. - (1) An owner shall grant the right of entry to the
Manager or to any other person authorised by the Board or the Association
in case of any emergency originating in or threatening his unit, whether the
owner is present at the time or not.
(2) An owner shall permit other owners, or their representatives when so required to enter his unit for the purpose of performing installations, 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. In case of an emergency, such right of entry shall be immediate.
44.	Rules of Conduct. - (1] No resident of the	
Condominium shall post any advertisement, or posters of any kind in or on the building except as authorised by the Association.
(2)	Residents shall exercise extreme care about making noises or the
use of musical instruments, radios, television and amplifires that may
disturb others. Residents keeping domestic animals shall abide by the
municipal sanitary bye-laws or regulations.
(3)	It is prohibited to hang garments, rugs, etc., from the windows
balconies, or from any of the facades of the	Condominium.
(4)	It is prohibited to dust rugs, etc, from the windows, or to clean rugs,
etc., by beating on the exterior part of the said Condominium.
(5)	It is prohibited to throw garbage or trash outside the disposal instal
lations provided for such purposes in the service areas. If such installation
is not provided, all garbage or trash shall be collected in a vessel and thrown
in the municipal dust bin.
(6)	No owner, resident or lessee shall install wiring for electrical or
telephone installation, television antennae, machines or air-conditioning
units, etc., on the exterior of the	Condominium or that protrude
through the walls or the roof of that Condominium except as authorised by the Association.
CHAPTER VII Funds and their investments
45.	Funds. - Funds may be raised by the Association in all or any of
the following ways, namely :-
(a)	by shares;
(b)	by contributions and donations from the apartment owners;
(c)	from common profits which shall form the nucleus of the
Reserve Fund;
(d)	by raising loans, If necessary,  subject to such terms and
conditions as the Associations, with the approval of the Com
petent Authority, may determine in his behalf.
46.	Investment. - The Association may invest or deposit its funds in
one or more of the following :-
[a(  in the Central Co-operative Bank or in the State Co-operative Bank; or
(b)	in any of the securities specified in section 20 of the Indian
Trusts Act, 1882; or
(c)	in any Co-operative Bank other than those referred to in clause
(a) of this bye law; or in any banking company approved for this
purpose by the Association.
47. Affiliation. - Should there be any Federation of apartment owners
in the locality in which the	Condominium is situate, the
Association may, after consulting the competent authority, become a member thereof, and pay the sums from time to time payable to such Federation under the rules thereof.
48- Accounts. - (1) A banking account shall be opened by the Association into which all moneys received on behalf of the Association shall be paid, provided that the Secretary may retain in his personal custody an amount not exceeding Rs. 100 for petty expenses. All payments above Rs. 20 shall be made by cheques signed by the Secretary, and one member of the Board.
(2) Each apartment owner shall have a pass book in which the Secretary shall enter amounts paid to or received for his share in receipts of profits from common areas and contributions towards common expenses, and his share of assessment and other dues, if any, in respect of his apartment.
(3) The Association shall on or before 31st July in each year publish an audited annual financial statement in respect of the common areas and facilities containing :-
(a)	the profit and loss account;
(b)	the receipts and expenditure of the previous financial year; and
(c|   a summary of the property and assets and liabilities of the
common areas and facilities of the Association, giving such particulars as will disclose the general nature of these liabilities and assets and how the value of fixed assets has been arrived at.
(4)	The audited financial statement shall be open to the inspection of
any member of the Association during office hours and in the office of the
Association and a copy thereof,  shall be submitted to the competent
authority not later than 15th August, every year.
(5)	Every financial statement shall be accompanied by a complete list
of the apartment owners. There shall also accompany the financial state
ment a similar list of loanees. The financial statement shall slate up to what
date profits and expenses of common areas are included.

49.	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.
50.	Appointment of Auditor. - The Association shall appoint at its
general meeting, an auditor who shall audit the accounts of the Association
to be prepared by the Board as hereinbefore provided and shall examine the
annual return, and verify the same, with the accounts relating thereto and
shall either sign the same as found by him to be correct, duly vouched and in accordance with law, or specially report to the Association in what respect he finds ft incorrect, un-vouched or not in accordance with law.
51.	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 (including limited common areas and
facilities] and common expenses and shall make a special report to the
Association upon any matter connected with the accounts which appears
to him to require notice.
CHAPTER VIII Mortgagees
52.	Notice to Association. - An owner who mortgages his unit, shall
notify the Association through the Manager, if any, or the President of the
Board in the event there is no Manager, the name and address of his
mortgagee; and the Association shall maintain such information in a book
entitled "Mortgagees of Units".
53.	Notice of unpaid assessments. - The Association shall at the
request of a mortgagee of a unit report any unpaid assessments due from
the owner of such unit.
CHAPTER IX Compliance
54.	Compliance. - These bye-laws are set forth to comply with the
requirements of the Maharashtra Apartment Ownership Act, 1970. In case
any of these bye-laws conflict with the provisions of the said Act, it is hereby
agreed and accepted that the provisions of the Act will apply.
55.	Seal of the Association. - The Association shall have common seal
which shall be in the custody of the Secretary, and shall be used only under
the authority of a resolution of the Board and every deed of Instrument to
which the seal is affixed shall be attested for or on behalf of the Association
by two members of the Board and the Secretary or any other person
authorised by the Association in that behalf.
CHAPTER X
Amendments to plan of
Apartment Ownership
56.	Amendments 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 75 per cent of the total value of all units in the	
Condominium as shown in the Declaration.
FORM 'C
[See RULE 8(1)]
REGISTER OF DECLARATION OF DEEDS OF APARTMENTS
(1)	Apartment No. shown in the plans annexed	
(2)	Floor of the building	
{3)  Name of building	
(4)	Street/Road No. where the building is situated	
(5)	Name of Street/Road where the building is situated	
(6)	Name of builder	
(7)	(a) Cadastral Survey No. of land	

(b)	Hissa No	
(c)	Town and Peth/Division	
.... of land on which building is constructed.
(8)	Registration district and sub-district in which declaration and Deed
of Apartment are registered	,

Serial	Name of the	Date of ap	Address	Dale of Dec-	Date of	
No.	Apartment	plication		laration	Registration	
	Owner	for regis			of the Dec-	
		tration			laration	
(1)	(2)	(3)	(4)	(5)	. (6)	

Percentage of	Date of	Date of regis-	Price of	Date of pay-	
undivided	Deed of	tration of the	Apartment	ment of price	
interest in	Apartment	Deed of	settled		
common ar-		Apartment			
eas and					
facilities					
(7)	(8)	(9)	(10)	(11)	

FORM 'E1
(See RULE 9] FORM OF MEMORANDUM
(1)	Apartment No. shown in the plans annexed	
(2)	Floor of the building	,	
(3)	Name of the building	
(4)	Street/Road No. where the building is situated	
(5)	Name of Street/Road where the building is situated	
(6)	Name of builder	
(7)	(a)    Cadastral Survey No. of land	

(b)	Hissa No. of land on which building is constructed.
(c)	Town and Peth/Division in which the land on which building
constructed is situated.

(8)	Registration district and sub-district in which   Declaration and
Deed of Apartment are registered   	
(9)	Name of Apartment Owner	
(10)	Address	
(11)	Percentage of undivided interest in common facilities	
(12)   Date of Declaration	
(13) Date of Deed of Apartment