SOCIETY BYELAWS 2016
Only limited copies have been printed for submission to various authorities and for reference by members. Individual copies can be supplied against firm demand & on payment of Rs 100, in advance.
a) EC will now be known as Board of Management (BoM), as given in UP Apartment Act, 2010.
b) BoM will comprise of six elected members as against eight earlier. Two co-opted members can be in addition, as hither to fore.
c) Administrative instructions on subjects like security, accounts, parking etc have been de-linked from Byelaws.
d) New BoM will compile existing instructions and issue a separate Booklet on Society Rules.
e) An elaborate Chapter on Obligations of Apartment Owners has been included in Bye laws, 2016.
f) Matters relating to resignation/ removal of members of BoM & filling up vacancies in BoM have been refined.
g) Notice required for a requisitioned Special meeting of the General Body (SGBM) is now only seven days.
FOR MORE DETAILS PLEASE REFER TO THE BYE LAWS PLACED BELOW.
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Copy No____
RAM VIHAR APARTMENT OWNERS WELFARE SOCIETY
BYE LAWS
2016
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RVAOWS BYELAWS 2016
INDEX
Ser
No CONTENT
Page(s)
1. Introduction
(i)-(iii)
2. Chapter
I: Preliminaries 1
- 3
3. Chapter
II: Voting, Quorum and Elections 4
- 7
4. Chapter
III:
Administration 8
- 9
5. Chapter
IV: Board of Management 10
- 15
6. Chapter V:
Obligation of Apartment Owners 16 - 22
7. Chapter
VI: Funds and their Investment 23-
24
8. Chapter
VII: Miscellaneous
25
(i)
INTRODUCTION
1.
Ram Vihar is a
residential multistory complex comprising of 202 apartments in
G plus 7 configuration spread over 17200.52 sq meters of leasehold
land allotted to Army Welfare Housing
Organization (AWHO), on 90 years lease with effect from 24
Apr 1990. It is located in
Plot No F-1, A Block of Sector 30, NOIDA. Handing over of individual
Dwelling Units commenced in Jun 1995.Society was registered in 1997 with the
Regional Office, Deputy Registrar, Firms, Societies & Chits; Meerut vide
Registration No131/1997-98. Registration is renewed every five years. Next renewal
is due by 21 Apr 2017.
2.
It was initially planned for allotment
to serving and retired Army, Air Force and Naval officers and other specified
categories. The project was conceived with one vehicle parking space,
covered or open, per dwelling unit and a few two wheeler parking spaces under
stilts. Water supply was designed with underground storage sumps, with motors
to pump water to overhead tanks on roof tops. Two elevators per
block and two 250 KVA generating sets were also provisioned .The project provided
for 62 Channels (47- 550 MHz) Cable TV system with two outlets per
dwelling unit with concealed balanced coaxial cable distribution
system. A perimeter wall with two gates was also provided. Due to paucity of
land, no sports complex was planned.
3. All
areas, other than subleased dwelling units, are designated as Common Area.
4. After
completion of project and gradual occupation, 400 VA power back up was created
within existing generator capacity. Later, an
(ii)
Intercom
system connecting all DUs was installed by the Society in 1997-98. A CCTV
system was installed in 2009.
5. Dwelling
units were constructed and sold to allottees as sub-leased. Though the
promoter, ie AWHO, remains a lessee of Noida Authority for the land allotted to
them for the construction of the residential complex, they got a society of
allottees (sub-lessees) formed and registered and handed over to it the common
areas and ancillaries for the purpose of maintenance and administration
on behalf of the allottees. It is compulsory for all dwelling unit owners to be
members of the Society.
6.
AWHO has granted
membership to either a serving defence person or a retired defence
person, widow of a Defence Services Officer or a specified category eg Defence
Civilians. Even when a Dwelling Unit is sold to non entitled categories or
civilians, membership is allotted in a single name only. However, when a
DU is registered with Revenue Authority (NOIDA Authority, in our case); they
allow registration in joint names for the purpose of ownership and ease of
mutation for inheritance. It should be noted that the membership of the Society
and joint registration are two different things. Joint registration
with NOIDA Authority does not confer any right on the Joint Registrant to seek
joint membership. As membership entitles a person to
participate in the deliberations of the General Body and vote on resolutions
moved therein and to contest and hold an office in the Board of Management
(BoM), such membership is restricted to an allottee of AWHO and in case of
subsequent joint registration by an allottee, to the first named person in the
registered document and to subsequent buyers approved by AWHO. Such members can
exercise the facility of appointing a proxy or give special power of attorney
to anyone including a joint registrant to vote on their behalf in the meetings
of the Society.
(iii)
7.
Since our byelaws are
of 2007 vintage, a review has been undertaken with following parameters:-
a)
Use of similar definitions and
terminology as found in the UP Apartment Act 2010, to the extent possible.
b)
Experience gained by Society in the last
20 years in matters of daily routine, elections, accounts, security,
administration etc is adequately utilized.
c)
Model Byelaws of the UP Apartment Act,
2010, mutatis mutandis, are incorporated in the present Byelaws to
align them with the new laws.
PRELIMINARY
1.
Short
title, and application—
a) These bye-laws may be called the Bye-laws of
Ram Vihar Apartment Owners Welfare Society (RVAOWS); hereinafter called the
Society.
b) The provisions of these Bye-laws apply
to RVAOWS.
2.
Definitions. In these bye-laws, unless the context
otherwise requires,—
a) 'Act'
means Societies Registration Act, 1860 read with the Uttar Pradesh Apartment
(Promotion of Construction, Ownership and Maintenance) Act 2010.
b) 'Society' means the Society formed by
apartment owners of the Ram Vihar complex.
c) ‘Board’
means the Board of Management (earlier called Executive
Committee) consisting of six elected office bearers who shall be the members
of RVAOWS and two nominated members who need not be Society
members.
d) ‘Building’
means the buildings located in A Block, Sector 30, NOIDA 201303 (UP) known as
Ram Vihar; which includes the land appurtenant thereto.
e) 'Owners' or
'apartment owners' means the person owning an apartment in Ram Vihar
with tripartite deed duly registered;
f) 'Section' means a section of the
Act;
g) ‘Unit’
means a Dwelling Unit (DU) in Ram Vihar.
h) ‘Member’
means a person falling under any of the categories mentioned in Para 5 of this
Chapter.
i) ‘General
Body’ means a body consisting of members of the Society which will be
deemed to be the Competent Authority in all Society matters, unless otherwise
specifically mentioned.
3.
Vision. To strive towards harmonious & eco friendly community
living.
4.
Objectives
of the Society.
a) The objectives of the Society shall be to:—
i.
Act as the
Society of Apartment owners of Ram Vihar complex.
ii.
Provide for maintenance, repair and
restoration of common areas, services and facilities by contributions from
apartment owners, accumulated savings from monthly maintenance charges etc
and if necessary, by raising loans for that purpose.
iii.
Invest or deposit
money in the name of the Society; with a view to optimize the utilization of available
funds.
iv.
To work towards
improving quality of community life within the complex.
v.
To do all or any of
the matters provided in subsequent sections.
vi.
Do all things necessary for the welfare
of residents and for the attainment of objectives specified in these byelaws.
vii.
The Society shall
not act beyond the scope of its objects without duly amending the
provisions of these bye-laws as per procedure laid down for the said
purpose.
5. Members of Society. Following categories of persons
are eligible for the membership of the Society:
a)
All original allottees of DUs in Ram
Vihar complex who have subsequently executed a tripartite deed with NOIDA and
AWHO.
b)
Upon sale, purchaser of a DU in Ram
Vihar whose purchase has been approved by AWHO as per rules and executed a
tripartite deed as in (a) above and paid the membership fee of the Society.
c)
Legal heirs of original allottees and
subsequent buyers. (Membership fee is not applicable to this category).
However, in case there are more legal heirs than one, an affidavit from other
legal heirs relinquishing their rights in favour of one legal heir is
essential.
6. Associate Members. All tenants and residents who are
neither Member nor Tenant (eg Power of Attorney Holders, spouse/ child/
sibling/relative of an owner not paying rent) will be granted Associate
membership on submission of requisite Form. Associate members will not have any
voting rights.
7. Joint
Owners of a DU. Where a DU has been
registered in joint names, though joint registrants are entitled to the
ownership of the DU jointly, only one person whose name appears first
in the registration document shall be a member of the Society and will have the
right to vote and eligible to be an office bearer of the BoM.
8. Share Certificates. RVAOWS was neither
constituted as a Cooperative Group Housing Society nor was it established prior
to commencement of construction for of the dwelling complex. Hence, RVAOWS does not have any system of share
holding. Therefore,
the question of share certificates does not arise.
9. Disqualification. No member is entitled to vote in the
election of members of the Board or entitled to stand for election to such
office, if he/she is in arrears, of any sum due from him/her in respect of
his/her contributions for common expenses/ subscriptions/society dues, as on
the last day of the month preceding the month in which the
election to Board would take place.
CHAPTER II
VOTING, QUORUM AND ELECTIONS
10. Voting. Only one vote is assigned to each DU. Votes will be cast in
person; or through a proxy, as prescribed in Society Rules.
11. Quorum. Except as otherwise provided in these bye-laws, the
presence in person of 10 percent of members ie 20, shall constitute a quorum.
If any meeting of the Society cannot be held for want of Quorum, Chairperson of
the Meeting shall adjourn the meeting to a time not less than forty-eight
hours from the time the original meeting was called. If at such
adjourned meeting also, no quorum is present, members present in person being
not less than TEN, shall form a quorum.
Conduct of Elections
12.
Eligibility
for Voting & Standing for Society Election. Eligibility conditions for voting as well as
for filing nomination for various posts in the Board of Management are given
below:-
a) Voter/candidate should be a registered Member
of RVAOWS as described in paragraphs 2 (h) of Chapter I.
b) No Society dues should be pending against the
voter/ candidate, as on the last day of the last completed month. For example,
if elections are scheduled on 22 May 16, no dues should be outstanding as on 30
Apr 16.
c) An
individual, who has held any post in the BoM continuously for two terms, is not
eligible to contest for a third consecutive term for the same post or any
other post.
13. In
pursuance of above Rule, Board / EC will call for an AGM after giving 21
days notice. Normally, Elections are possible only on Third or Fourth
Sunday of May. Main agenda will be the Election of a new Board of
Management. Since the Board will change after this AGM, audited
accounts will also be presented by the outgoing Board. Outgoing
Board may also include any urgent issue. NO other issue will be
taken up.
Conduct
14. Returning Officer. Outgoing Board will appoint a Returning
Officer, who should be a resident, not a member & known to be neutral.
Voting members and relatives of candidates will not be appointed.
15. Duties of Returning Officer.
a) Collect List of members from Society Office
duly authenticated by the President/Vice President of Outgoing Board.
b) Collect List of defaulters on account of
nonpayment of Society dues, as on 30 Apr (if elections are in May).See Para 12
above.
c) Do not permit non entitled persons to either
stand for election or vote.
d) Open, scrutinize nomination papers received
from candidates & announce names of valid candidates in public.
e) Organize voting during the AGM, once invited
by the Society President, only when there are two or more candidates for a
post. Candidates can be present during the counting process.
f) Scrutinize Proxy Forms, as per these Byelaws
& Society Rules.
g) Submit a brief report to the Society Office
within 48 hours of completion of the election.
16. Filing of Nominations.
a) Only duly registered members of the Society
are eligible to file nomination for election to the Board of Management.
b) Each member can file his/her nomination for
one post only.
c) Every nomination must be recommended by one
Member and seconded by another member of the Society.
d) Each Member can recommend/second one candidate
only.
e) Members filling nominations should have
cleared all dues of the Society.
f) All nominations shall be handed over to the
Returning Officer by the time & date stipulated in the AGM cum Election
Notice.
g) In case no nomination is received for a
particular post, the General Body shall nominate a person on the spot. In case
of more than one nomination by the General Body, elections shall be held as per
procedure laid down.
17. Voting.
a) Voting shall be done by secret ballot.
b) Ballot papers shall be prepared in advance by
the Returning Officer, with the help of the Board.
c) Any ballot having cutting or overwriting shall
be declared invalid.
d) Each member or holder of proxy present at a
general body meeting can exercise one vote only for each post.
e) Candidate securing maximum votes will be
declared the winner and elected.
f) In case of a tie, the President of the outgoing
Board shall have an additional casting vote.
18. Voting by Proxy.
a) Any member who cannot be present at the AGM
may appoint another person to vote for him/her as a proxy. The
person so nominated will be allowed inside the venue at the time of voting
only.
b) The proxy so appointed should
be an associate member of the society or a spouse of a member/Associate
Member of the Society.
c) The proxy shall be an adult and of
sound mind.
d)
A proxy can represent only one Member and,
therefore, can cast only one vote.
e) Any member present and voting himself
cannot hold a proxy. Each member can cast only one vote unless he/she is the
owner of two or more DUs.
f) An owner of two or more DUs can cast one vote
per DU as also he/she can appoint one Proxy per DU.
g) Those members desirous of appointing a
proxy shall leave a Form with self verified photo of the Proxy and own
specimen signatures along with photocopy of a supporting document eg
Passport/PAN Card, at the Society Office, minimum one clear working day in
advance. Forms can be sent by FAX (normal signature) or electronic mail (with
digital signature) also. The Returning Officer shall verify the photo
physically at the time of voting. Signatures of the Member on the proxy from will
be verified from any authentic Government/AWHO/Society document eg Passport,
PAN Card. Please note that Society Office does not have a Facsimile
machine.
CHAPTER III
ADMINISTRATION
19.
Powers and Duties of the Society.
a) Act
as custodian of Land leased to AWHO by Noida Authority and other assets built
thereupon which are not specifically allotted to members within Society
complex.
b) The Society
shall have the responsibility of approving the annual budget, and(through the
Board of Management) administering Ram Vihar complex, establishing
and collecting maintenance charges and other Society dues and arranging for the
management of the complex in an efficient manner.
20.
Place of Meetings. Meetings
of the Society shall be held at a suitable place, to be fixed by the
Board of Management.
21.
Annual
Meetings. The annual
meetings of the Society shall be held on such date as
the Board may decide. At such meetings, Board of Management shall be
elected by ballot of members in accordance with the requirements of these
byelaws. The
incumbent BoM may also circulate an agenda consisting of other points for
transaction at such meetings.
22.
Special
Meetings. It shall be the duty
of the President to call a special meeting of members, as directed by a
resolution of the Management Board; or upon a requision signed by at
least 20 members and having been presented to the
Secretary in writing. 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.
23.
Notice
of Meetings. It shall be the duty
of the Secretary to arrange to affix a copy of the Notice on the Notice
Board located on Ground Floor of each Block, near the Elevators; at least seven
days in advance. Notice will also be E mailed to members who have
provided their current E mail address to the Society Office. The
notice will also be placed on the Ram Vihar Blog/web site as and when
activated. Seven days notice will be applicable only in case of
requisitioned Special Meetings. In case of AGM ,21 days notice will be
required.
24.
Adjourned
Meeting. If any meeting of
the Society cannot be held for want of Quorum, Chairperson of the Meeting may
adjourn the meeting to a time not less than forty-eight hours from
the time the original meeting was called. If at such adjourned meeting also, no
quorum is present, members present in person being not less
than TEN shall form a quorum.
25.
Order
of Business. The order of
business at all meetings shall be as follows:-
a) Check Quorum.
b) Proof of notice of meeting or waiver notice.
c) Reading minutes of the preceding meeting, if
applicable.
d) Report of Outgoing Committee, if applicable.
e) Take up listed Agenda.
f) Vote of Thanks.
CHAPTER IV
BOARD OF MANAGEMENT
26. Management of the Society. Affairs of the Society shall be
governed by a Board. The Board of Management shall comprise of
Six members elected by simple majority in the General Body Meeting .The
office bearer of the Society shall be a President, a Vice-President,
a Secretary, a Treasurer, a Joint Secretary and a Joint Treasurer; all of whom
shall be elected by and from among the members. The Board may co-opt two non
members who can add value to running of the Society. He/she must be a bonafide
resident spouse of a member or an associate member. However, spouse of
a Board member will not be nominated.
27. President. The President shall be the Chief Executive
Officer of the Society. He/ She shall preside over all meetings of the
Society and of the Board. He/ She shall have all the general powers and
duties which are usually vested in the office of the President of a Society,
including the power to appoint committees from amongst members /residents from
time to time with due consultation of other board members . The President has general control
over all the affairs of the Society. He/she is the person who can sue on behalf
of the Society, with the consent of the General Body or defend any legal action
against the Society on behalf of the Society, after taking appropriate legal
advice. All legal proceedings are instituted, continued or defended by the
President. He/she signs all documents and papers and vakalatnamas relating
thereto in the name and on behalf of the Society. However, the
President is not personally liable for any legal action taken on behalf of or
in defence of the Society The President also signs contracts approved
or delegated by the Society/ Board.
28. 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 Board to act as President; on an interim basis. The Vice President
shall also perform such other duties as may, from time to time, be assigned to
him by the Board.
29. Secretary.The secretary is responsible for the
executive administration of the Society, subject to the control of the Board.The Secretary shall keep two separate minutes
books, one for the Society of the Apartment Owners and the other for the
Board, pages of each of which shall be consecutively numbered and authenticated
by the President of the Society and shall record in the respective minutes
books, resolutions adopted by the Society of Apartment Owners or the Board, as
the case may be. He /She shall have charge of such books and papers as the
Board may direct and he shall perform all duties incidental to the office of
the Secretary.
30. Treasurer. The Treasurer shall be responsible
for Society funds and securities and shall also keep full and
accurate accounts of all receipts and disbursements in the books.
31. Manager. The Board may employ a manager for the Society at a salary
determined by the Board to perform such duties as the Board may authorize.
32. Powers and Duties of the Board. The Board shall have powers and duties
necessary for the administration of the affairs of the Society. This will
include:-
a) Laying down & periodically revising
charges & levies to be paid by members, tenants,
visitors, domestic workers, shop owners & service providers staying/
working in Ram Vihar.
b) However, approval of the General Body
will be required for revising rates for monthly maintenance, additional
cars/MC, transfer/NOC/Membership charges, Security Deposit/Temp membership
charges paid by tenants & others, Community Hall Charges and and
other items as may be required from time to time.
c) Take steps like recovery charges, penalties
& discontinuation of services to ensure compliance of Society rules &
regulations.
d) Handling of Complaints from Members/ Residents. Complaints received on society mailing
address or through the Society Complaint Register or in writing should be
promptly attended & grievances, if any, should be addressed within Ten
working days. In case this is not possible due to a valid reason, an interim
reply should be sent.
33.
Other
Duties. In addition to
duties laid down in these bye-laws or by a resolution of the Society, the
Board shall be responsible for the following:—
a) Maintenance, repair and restoration of common
areas, services and facilities,
b) Collection from apartment owners share of
common expenses eg on expensive items such as repair/replacement of elevators/
DG Sets/roads etc, as approved by the General Body.
c) Appointment 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
of accounts of the Society shall be carried out.
e) To inspect accounts kept by the Treasurer ,
examine registers and account books and to take steps for the recovery of all
sums due to the Society,
f) To see that cash book is written up promptly
and is signed regularly by Treasurer or in his/her absence, by the Joint
Treasurer.
g) To specify the times at which and the manner
in which the Annual General Body Meetings and Special General Body Meetings of
the Society shall be held and conducted.
34.
Election
and Term of Office.
The Annual General Body Meeting (AGM) of the Society, to be held in
the first quarter of each financial year, shall elect Six members namely the
President, Vice President, Secretary, Treasurer, Joint Secretary and Joint
Treasurer from Members of the Society. The term of office of the Board
shall be one year from the date of assuming office or the next scheduled
election, as stated above, whichever is earlier. Office bearers will be
eligible for re-election, provided that a person cannot be an office
bearer continuously for more than two years.
35.
Vacancies. Vacancies in the Board caused by any
reason other than the removal of an office bearer by a vote of the Society
shall be filled by vote of the majority of the remaining office bearers. Such
person(s) who is (are) elected to vacant post(s) will hold office only till the
residual term of the BoM. In case four or more members of the Board resign, the
Board will not have the requisite quorum, therefore, it will cease to function
with immediate effect. In case Board cannot fill vacancies as above or
four or more Board members resign; a special meeting of the General Body will
be called by the President (or In his/her absence, Vice
President/Secretary or Treasurer, in that order), within 48 hours, to
fill up vacancies on the spot or order fresh elections. First Agenda Point will
be whether to fill up vacancies on the spot or to hold fresh elections. Decision
will be based on a majority vote. In case fresh elections are ordered, an
Interim Committee, comprising of three members, will be nominated on the spot
by the General Body; to run the affairs of the Society till a new Board is
constituted. The interim committee will have limited powers
to manage the affairs of the Society for the interim period and will not
undertake any projects, sign new contracts or incur any major expenditure. However,
the Interim Committee will be able to operate bank accounts of the Society to
meet day to day expenditure and payment of staff salaries.
36.
Removal
of Office Bearers. At any regular or
special meeting of the General Body of the Society duly called, any one or more
of the Office bearers may be removed for reasons deemed
fit by a majority of
members and a successor may then and there be elected to fill the vacancy thus
created. Any Office bearer, whose removal has been proposed by members, shall
be entitled to be heard at the meeting.
37.
Organization
of Meeting. The first
meeting of a newly elected Board shall be held within ten days of election.
38.
Regular
Meeting of the Board.
Regular meetings of the Board should be held in the Society office as often as
possible but at least one such meeting shall be held
every month. Notice of regular meetings of the Board shall be given
to each office bearer personally or by e mail, at least two days in advance.
39.
Special
Meetings of the Board.
Special meetings may be called by the President at 24 hours notice to each
office bearer in order to deal with emergent situations. Notice of such meeting
may be given personally to each office bearer. Special meetings of the Board
may also be called by the President or the Secretary on a written request of at
least three office bearers.
40.
Waiver
of Notice. If
a situation warrants immediate meeting of the BoM and prescribed notice is not
feasible, President is empowered to waive the notice for reasons recorded in writing.
41.
Quorum. In all the meetings of the Board, quorum
will be three elected members.
42.
Resignation
by Members of the Board. Resignation will be addressed to the President
and handed over in writing to the Secretary or the Manager. Seven days notice
will be mandatory for the resignation to be effective. Documents in personal
custody of an office bearer; like cheque book or Fixed Deposit Receipts or
cash, will be handed over either to the President or another Board member
designated by the President; immediately along with the resignation.
CHAPTER V
OBLIGATION OF APARTMENT OWNERS
43. Maintenance Charges & Other Society Dues. All owners are obliged to pay
Maintenance charges & other dues within the stipulated time frame, laid
down by the Society to meet all expenses related to the Ram Vihar.
44. Lease
& Hiring of Apartments.
a) Owners
should let out their apartments to suitable persons only after verifying their
credentials.
b) Prior
permission is required from the Board before the new tenant moves in. This is
granted after all valid documents are submitted to the Society Office.
c) Owners
will obtain police verification report of the proposed tenant from
the concerned police station and submit to the Society Office.
d) All
tenants will have to submit an undertaking as per format available in the
office .This form contains essential Society Rules and various charges.
e) Tenant
should be introduced to the Board at the earliest.
45. Maintenance and Repairs.
a) Every owner must perform all maintenance and
repair work within his own unit.
b) All 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 reimburse
the Society for any "expenditure" incurred in repairing or
restoring any common area and facilities damaged due to his fault. The decision
of the Board shall be final in this respect.
46. Major Repairs. If a building requires major repairs for its
structural safety or other sufficient reason, a detailed estimate thereof shall
be got prepared by the Board of Management through an engineer to be
appointed by the Board and thereupon, after the approval of the estimate by the
General Body, the members shall contribute their share for carrying out such
repairs.
47. Use of Dwelling Units: Internal Changes.
a) All Units shall be utilized for
residential/approved purposes only.
b) In pursuance
of the undertaking given by allottees for allotment of dwelling unit by AWHO,
an owner shall not make any structural modifications or alterations in his unit
or installations located therein, without notifying the Society in writing and
obtaining the requisite permission of the appropriate sanctioning authority
(AWHO or NOIDA Authority).
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 with masonry work, change of colour, etc.
d) No owner shall undertake any work that affects
the stability and structure of the building, in any manner. Beams, pillars and
Load bearing walls will not be removed or disturbed.
e) No owner shall undertake any works that may:-
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 caused by any owner, he will restore them at his own cost,
failing which the Society is entitled to effect recovery of the cost of restoration
from him.
48. Transfer of an Apartment.The transfer of an apartment shall be
enabled by concluding a registered sale/transfer deed of an apartment. The
transferee shall first obtain a NO Objection certificate from RVAOWS and then
apply to AWHO for processing registration of the dwelling unit sub-lease with
NOIDA Authority. Provided
further that the transferor of an apartment owner shall pay ½ percent
of the transfer value to the Society for transferring his apartment to
his prospective buyer and such amount shall be used in future for the major
repairs of the building and
such amount shall be placed in the Corpus Fund.
49. Use of Apartments, Common Areas and Facilities.
a) An apartment owner of a residential unit shall
use it for only residential purpose.
b) 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.
c) 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.
d) If an apartment owner 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 Society, the Society may have the obstruction
removed at the cost & expense of the offending owner/resident.
e) Elevators shall be used by owners or their
tenants and their guests and employees. Heavy articles, the transportation of
which in the lift or elevator along with owners, tenants or their guests or the
employees shall cause discomfort or inconvenience to other users of elevators,
shall be transported only between non-peak hours (1100 to 1600 hours on Monday
to Friday). Building material & awkward sized items like cots,
almirahs, sofas etc will not be carried in lifts.
f) The convenience shops within the building
shall be regulated in a manner that no inconvenience is caused to residents.
Such convenience shops should cater to the needs of residents and not
outsiders.
g) Owners
shall be liable to pay proportionate ground rent or any other tax
levied by a Government Authority.
h) The
Society should be informed whenever any change in the ownership of
the DU takes place and submit relevant papers listed in Para 48 above.
Similarly, when a change in tenancy takes place, members
shall provide information to the Board, along with a copy of the lease/rent
agreement. New tenant should apply on a specified form before moving in
his/her baggage.
i) All
residents shall ensure that their domestic help, servants and
drivers obtain a valid security pass from the Society. They
shall ensure that no servant/domestic help/ driver/ any other employee
remains inside the Society overnight; unless specific written permission
is obtained eg on grounds of sickness or advanced age of
the resident. These persons will reside inside the flat and use toilet
facilities of the concerned Flat.
j)
All
residents are required to pay the charges as levied by the Jal Nigam
annually direct to Noida Jal Nigam & deposit a copy with the Society
Office by 30 Apr 16.
50. Right of Entry. An owner/resident/tenant (or
his family members living in the apartment) shall permit entry into
his apartment of an office bearer or any other person authorized by the Board in
case of emergency,whether the owner is
present at the time or not.
51. Rules of Conduct.
a) No resident shall post any advertisement or
poster of any kind in or on the building, except as authorized by the Society.
b) Residents shall exercise extreme care and
restraint 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.
c) It is prohibited to throw garbage or trash
outside the disposal places provided for such purpose in the service areas.
d) No owner, resident or lessee shall install
wiring for electrical or telephone installation, television antenna, machines
or air-conditioning units etc, on the exterior of the building except as
authorized by the Society.
e) Residents
will ensure that they do not keep flowerpots or any other items in their
balconies, windows or common areas that may be hazardous to the safety of other
residents. They will also not construct any railings outwards to keep flower
pots or other items thus causing inconvenience to lower floor residents.
f) Nobody
will cause any damage to Society property or property of other residents.
g) Residents
will not interfere in the functioning of Security Guards.
h) A
multi-storey apartment complex is not conducive to keep Pets eg dogs, cats,
birds etc. Their number must be gradually reduced. New residents, both owners
& tenants, should be encouraged not to bring Pets of any kind.
Suitable charges & penalties may be levied by the BoM, for this purpose.
i) Urination/
defecation by pets within complex will attract charges as fixed by the
Society. Dogs
are not permitted in Society Lawns.
j) If
anyone’s pet bites a resident/ Society employee/ workers, then medical bills
including conveyance to and fro from Hospital of the affected person will be
the responsibility of the owner of the Pet. Victims shall also have the
option to take legal recourse, in addition.
k) Damage
to Flats. In case any damage is caused due
to repair/ alteration of anyone else’s flat resulting in leakages or structural
damage to the building or to other flats, the same will be repaired by the
concerned owner/resident. In case damage is not rectified within 15 days, the
Board will ask the defaulter to pay charges fixed by General Body and have the
fault repaired at the cost of the defaulter. For such matters, the
Board may arbitrate between residents and its decision shall be final.
l) Common
Area. No resident shall keep any luggage
or any such item in Society common area. The entrance to
elevators, DG Rooms & all Blocks & buildings will be kept free. Keeping
of flower pots on stairs, in front of lifts and fire escape balconies is
strictly prohibited.
m) Commercial
Activities. No commercial activity of any kind will be carried
out within the complex by any resident. Flats will not be converted into an
office, class room, trading outlet, hostel, guest house or used as a dormitory.
Charges, as fixed by the Society, will be levied and owner asked to discontinue
the activity forthwith.
52.
Damages
to Society Assets or Common Areas or Facilities thereupon. Any damage due to the negligence misuse or faults on the
part of a resident, family member (s), or guest (s) shall be made good by the
apartment owner. The Society shall charge the apartment owner for such repairs,
an amount to cover the cost of time, labour and materials. The charge must be
paid by the apartment owner/resident within 30 days of the demand of the
charge.
53.
Unlawful
Activities. The apartment
owner/resident, 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.
54.
Visitors
/Guests. Visitors / guest (s)
of the resident are to be refrained from any conduct which disturbs the privacy
and quiet enjoyment of the other apartment owners or occupants. The apartment
owners shall be responsible for the actions of their guest (s) who would be
expected to abide by all rules and regulations at all times without any exceptions.
CHAPTER VI
FUNDS AND THEIR INVESTMENT
55. Funds.Funds may be raised by the Society to meet heavy
capital expenditure in any or all of the following ways:-
a) By unconditional contributions and donations
by apartment owners; tenants, reputed individuals & agencies.
b) From accrued savings in the reserve funds;
c) By
raising loans, if necessary, subject to such terms and conditions as stipulated
and approved by General Body of the Society.
56.
Investment. The Society may invest or deposit its funds
in one or more of the Public Sector Banks or Private Indian Banks of repute eg
ICICI/HDFC/IndusInd/Axis Bank.
57.
Accounts.
a) The Society shall maintain a banking account
and deposit the money received on behalf of the Society.
b) Cash transactions will be kept to the minimum.
Payments /receipts above Rs 2000 must be by cheque, unless permitted by the
Treasurer/ Vice President. Cash with the Manager will NOT exceed Rs 20,000.
c) All cheques will be signed by two members of
the Board of Management viz President (or Vice President in his absence) &
one elected member of the Board of Management. Names of four signatories will
be forwarded to Bankers, under the Signature of the President; for this
purpose.
d) A register will be maintained by the Manager
& scrutinized by the Treasurer, where all records of subscriptions &
charges due & received will be maintained. A list of members/ residents
with outstanding dues should be made public by 20th of each month.
e) The Society shall on or before the 30 Apr in
each year publish an audited financial statement in respect of the common areas
and facilities containing,-
i.
The profit and loss
accounts;
ii.
The receipts and
expenditure of the previous financial year; or
iii.
A summary of the
property and assets and liabilities of the common areas and facilities of the
Society 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.
f) The audited financial statement shall be open
to inspection of any member of the Society during office hours and
a copy shall be submitted to the Deputy Registrar of Societies,
Meerut; not later than 31st of July every year.
g) The Society shall send by e mail, on an
address provided by members, a summary of its audited financial statement
to all apartment owners within a period of 15 days from the date of
the publication of its audited financial statement referred to in sub-clause
(e) above.
58. 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 Society.
59.
Appointment
of Auditors. The Society shall
appoint at its Annual General Meeting an auditor who shall audit the accounts of
the Society prepared by the Board.
60. Power of Auditor. The auditor shall be entitled to call for
and examine any papers or documents belonging to the Society relating to the
common areas and facilities and common expenses and shall make a special report
to the Society upon any matter connected with the accounts which appears to him
to require notice.
CHAPTER VII
MISCELLANEOUS
Compliance
61. Compliance. Since Ram Vihar
Society was formed as far back as 1997 much prior to the coming into force of
the UP Apartment Act 2010, these bye-laws have adopted the model bye-laws of
the 2010 Act to the extent necessary and feasible.
62. Seal of the Society. The Society 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 Society by two
members of the Board and the Secretary or any other person authorized by
the Society.
63.
Administrative
Instructions/Rules.
Board will issue Instructions, Rules operating Procedures, Guidelines &
Circulars to give effect to contents of these bye-laws, within the overall
policies of the Society.
Amendments
64.
Amendment
of Bye-Laws. These Bye-laws may
be amended by the Society in a duly constituted meeting for such purpose and no
amendment shall take effect unless approved by Society in a General Body
Meeting with full quorum
******* END *******
ब्रिगेडियर_नरेन्द्र_ढंड
Brig Narinder Dhand,
Founder & Convener
Veteran's Web Portals.
Brig Narinder Dhand,
Founder & Convener
Veteran's Web Portals.
NOTE - Do Join our Email List - Please email your Rank and Name, Regt/Corps , Email ID and Mob Number to our Managing Member at " mgr.sigs@gmail.com " for Registration to receive updates on Veteran's issues regularly.
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