Bye-Laws of a Condominium
| Updated at | June 2010 |
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" mean 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 Declarations 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;
(d) 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;
(e) to provide for and do all and any of the matters provided in subsection (2) of section 16 of the Act;
(f) 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 installments;
(g) 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. -- (1) 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 conveying the same by way of gift under his Will or otherwise, the purchaser or donee shall automatically become a member of the Association, and shall be admitted as member on payment of the entrance fee of one 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 administration 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 purchased by two or more persons jointly, they shall be jointly entitled to the apartment and the shares of the Association shall be issued in their joint names, but the person whose name stands first in the share certificate shall alone have the right to vote.
7. Holding of one share compulsory. - Every apartment owner must hold 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 byelaws, 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 collecting 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 votes 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 stated 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)...
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