UTTAR
PRADESH SHASHAN
AWAS
EVAM SAHARI NIYOJAN ANUBHAG-1
In
pursuance of 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
NOTIFICATION
No. 3977/8-1-11-115D.A./02T.C.-I Lucknow
: Dated 16 November, 2011
In
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:-
MODEL BYE-LAWS
CHAPTER I - PRELIMINARY
1. Short title, and application—
(1) These bye-laws may be called the
Bye-laws of the…………. (here insert the name
of condominium) Condominium.
2. Definitions—In these bye-laws,
unless the context otherwise requires,—
(a) 'Act' means the Uttar Pradesh Apartment
(Promotion of Construction,
Ownership and Maintenance) Act 2010.
(b) 'Association' means the Association of
all the apartment owners constituted by
the such owners for the purpose of the
........................... condominium;
(c) 'Board' means the Board of management
consisting of 4 to 10 Office Bearers
who shall be the owners of apartments in the.......................
condominium;
(d) 'Building' means the building located
at .............................. and known as
the ....................... Condominium and
includes the land forming part thereof;
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(e) 'Majority' of owners means those owners
holding 51 per cent of the votes.
(f) 'Owners' or 'apartment owners' means
the person owning an apartment in the
.............................................
condominium;
(g) 'Section' means a section of the Act;
(h) 'Unit' means a Dwelling or Non-dwelling
Unit in the ..........................
condominium;
(i) 'Registrar' means the Registrar under
the provisions of the Societies
Registration Act.
3. 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
..................................
(hereinafter called the said building).
(b) to invest or deposit money;
(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 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.
(e) to provide for and do all or any of the
matters provided in sub-section (7) of
section 14.
(f) to advance with the consent of the
apartment owners, any short-term loan to
any apartment owner(s) in case of any
emergent necessity and to provide for
the repayment thereof in lumpsum or in
instalments;
(g) to establish and carry on, on its own
accord or jointly with individuals or
institutions, educational, physical, social
and recreative activities for the
benefit of the apartment owners;
Page 3 of 17
(h) 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 ;
(i) to do all things necessary or 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.
4. Members of Association—
(1) All persons who have purchased
apartments in …………….. condominium and
executed a deed of apartment, shall
automatically be the members of the
Association and will pay the entrance fee
of one thousand rupees. Each
apartment owner shall receive a copy of the
bye-laws.
(2) 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.
5. Joint Apartment Owners—Where apartment has
been purchased jointly by
two or more persons, they shall be jointly
entitled to the apartment and the
share certificates shall be issued in their
joint names, but the person whose
name stands first in the share alone have
the right to vote.
6. Holding one share compulsory—Every apartment owner
must hold at
least one share of the Association.
7. Disqualification— No apartment owner is
entitled to vote on the election of
members of the Board or President, Vice
President, Secretary, Treasurer or
any other office bearer or 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 election to
Board would take place.
Page 4 of 17
CHAPTER II
VOTING, QUORUM AND PROXIES
8. Voting—Voting shall be on percentage basis, and the percentage
of the vote
to which the owner is entitled is the
percentage assigned to the Dwelling unit
or units in the Declaration.
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—Votes will be cast in
person. Except as
otherwise provided resolution of the
Association shall require approval by a
majority of owners casting votes in person
or proxy.
CHAPTER III
ADMINISTRATION
11. Powers and duties of Association—The Association shall
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.
12. Place of Meetings—Meetings of the
Association shall be held at a suitable
place convenient to the owners as from time
to time to be fixed by the
Association.
13. Annual Meetings—The first meeting of
the Association shall be held on
.................(date) …Thereafter the
annual meetings of the Association shall
be held on such date as the Association may
decide. At such meetings Board
of Management shall be elected by ballot of
the apartment owners 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.
14. Special Meetings—It shall be the duty
of the President to call a special
meeting of apartment owners as directed by
a resolution of the Board or
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upon a petition signed by a majority of the
owners and having been
presented to the Secretary or at the
request of the Competent Authority or
as the case may be, 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 two-third
owners present in person in the meeting.
15. Notice of Meetings—It shall be the duty
of the Secretary to mail or send
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
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.
16. 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.
17. 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 any
officer authorised by them.
(f) Report of Committee.
(g) Election of Board.
(h) Unfinished business, if any.
(i) New Business.
Page 6 of 17
CHAPTER IV
BOARD OF MAGAGEMENT
18. Management of Association—The affairs of the
association shall be governed
by a Board. The Board of Management shall
comprise of neither less than 4, nor
more than 10 persons to be constituted and
elected by the members by simple
majority in the General Body Meeting. The
principal office bearer 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
Secretary and an Assistant Treasurer and
such other Office bearer as the Board
may consider necessary
19. President—The President shall be the Chief Executive Officer of the
Association. He shall preside over all
meetings of the Association and of the Board.
He shall have all the general powers and
duties which are usually vested in the
office of the President of an Association,
including the power to appoint committees
from amongst the owners from time to time.
20. 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
assigned to him by the Board.
21. Secretary—The Secretary shall keep two separate minutes books, one for the
Association 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
Association of Apartment Owners and shall
record in the respective minutes books,
the resolutions adopted by the Association
of Apartment Owners or the Board, as
the case may be. He 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.
22. 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.
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23. Manager—The Board may employ for the Association a manager at a
compensation determined by the Board to
perform such duties as the Board may
authorise.
24. Powers and Duties of the Board —The Board shall have
powers and duties
necessary for the administration of the
affairs of the Association.
25. Other Duties—In addition to the
duties imposed by these bye-laws or by
resolution of the Association, the Board
shall be responsible for the following :—
(a) maintenance, repair and replacement of
the common areas and facilities,
(b) Collection from apartment owners share
of common expenses.
(c) resignation and removal of persons
employed for the 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 at which and the
manner in which the annual general
meetings and special general meetings of
the Association shall be held and
conducted.
26. Election and term of office—.
(i) The annual general meeting of the
Association, to be held in the first quarter of
each financial year, shall elect neither
less than 4, nor more than 10 Members
including the President, Vice President,
Secretary, and Treasurer from
Members of the Association. Provided that
no member shall be eligible for
election if he has been found guilty of
misusing the post during his previous
term.
Page 8 of 17
The term of office of the office-bearers of
the Board shall be one year from the
date of assuming office and they will be
eligible for re-election. Provided that a
person can not hold the same post
continuously for more than 2 years.
(ii) An arrangement shall be made by the
board to ensure that one third of
members of the board retire annually.
(iii) The office bearers shall hold office
until their successors have been elected and
hold their first meeting.
27.Vacancies—The vacancies in the Board 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.
28. 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 removal have been proposed
by the owners shall be given an opportunity
to be heard at the meeting.
29. Organisation of meeting—The first meeting of a
newly elected Board 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.
30. Regular Meetings—Regular meeting of the
Board may be held at such time
and such place as may be determined from
time-to-time by a majority of office
bearers 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.
31. Special Meetings—Special meetings may
be called by the President on three
days' notice to each office bearer and
notice of such meeting may be given
personally to each office bearer. Special
meetings of the Board shall be called by
the President or the Secretary on a written
request of at least three office bearers.
Page 9 of 17
32. 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.
33. Quorum—In all the meetings of the Board l/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.
34. 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 Associations.
CHAPTER V
OBLIGATION OF THE APARTMENT OWNERS
35.Assessments—All the owners are obliged to pay monthly assessments
imposed
by Association to meet all expenses related
to the ……….. condominium. The
assessment shall be made on the value of
the unit.
36.Maintenance and Repairs—
(1) Every owner must perform all maintenance and repair
work within his own unit.
(2) 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.
(3) 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.
(4) The apartment owner shall obtain police
verification report of the proposed
tenant from the concern police station
while letting out the apartment on rent to
ensure that the proposed tenant is not a
criminal or troublesome.
Page 10 of 17
37. 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 association
through an engineer to be appointed by the
Board and thereupon, after the
approval of the estimate by the Board, the
members shall contribute their share for
carrying out such repairs.
38. Use of Dwelling Units : Internal Changes—
(1) All the Units shall be utilised for
residential/approved purposes only.
(2) 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.
(3) 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..
(4) No owner shall undertake any work that
affects the structure of the building.
(5) 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.
39. 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;
Page 11 of 17
Provided that if the certificate is not
granted and its refusal is not communicated
within 15 days after the receipt of the
application for its grant, it shall be deemed
that the No Dues Certificate has been
granted by the Association
Provided further that the transferor of an
apartment owner shall pay ½ percent 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
of the building.
40. Use of Apartments,
Common Areas and Facilities and Limited Common Areas and Facilities—
(1) An apartment owner of a residential
unit shall use it for only residential purpose
and similarly, an apartment owner of a
non-residential unit use it for nonresidential
purposes alone.
(2) 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.
(3) 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.
(4) 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 Association, the
Association may approach the competent
authority for its removal who will take an
appropriate action in accordance to the
provisions of law.
(5)If lift and/or elevators are provided in
the building, as part of the common areas
and facilities, they shall be used by the
owners of the apartment and/or their
tenants and/or any one claiming under them
for the transportation of the owners,
the tenant and their guests as also the
employees of the owners, their tenants and
of the management and heavy article or any
other articles, the transportation of
Page 12 of 17
which in the lift or elevator along with
the owners, tenants or their guests or the
employees shall cause discomfort or
inconvenience to other users of the lift or the
elevators, shall be transported only with
the lifts or elevator are not in use by other
users; provided this restriction shall not
apply, if an elevator or lift is provided for
the exclusive transportation of articles,
packages, merchandise and such other
objects.
(6) In non-residential buildings, the
association of apartment owners may manage
the parking space by earmarking it for the
apartment owners and also separately
reserving parking space for the vehicles of
the visitors. The association may also
levy a parking fee from the visitors to
meet the expenses for the management of
the parking space of the visitors..
(7) The apartment owners shall use their
apartments in a manner which does not
spread any smell while cooking food etc. from their apartment
to cause any
irritation or annoyance to their
neighbouring apartment owners.
(8) The convenient shops within the
building shall be regulated in a manner that no
inconvenience is caused to the apartment
owners. Such convenient shops should be
to cater the needs of the apartment owners
and not the outsiders..
(9) The association of the apartment owners
may frame its scheme and
regulations for admitting the members of a
club situated within the building and it
may also frame regulations for permitting
the guest of the members. Such scheme
and the regulations would bind the
apartment owners as well as the agency which
may manage the club.
(10) 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.
Page 13 of 17
41.Right of Entry—
(1) An owner shall grant the right of entry
to the office bearer or to any other
person authorised by the Board 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 unit for the use of 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.
42. Rules of Conduct—
(1) No resident shall post any
advertisement or poster of any kind in or on the
building, except as authorised by the
Association.
(2) 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.
(3) It is prohibited to hang garments, rugs
etc. from the windows, balconies or from
any of the facades.
(4) It is prohibited to throw garbage or
trash outside the disposal places provided
for such purpose in the service areas. If
such place is not provided, all garbage or
trash shall be collected in a vessel and
thrown in the municipal dustbin.
(5) 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
authorised by the Association.
43. 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.
Page 14 of 17
44. 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.
45. Visitors /Guests: The visitors / guest
(s) of the apartment owner 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 INVESTMENTS
46. Funds— Funds maybe raised by the Association in all or any of
the following
ways:-
(a) by shares;
(b) by contributions and donations by the
apartment owners;
(c) from common profits which shall form
the nucleus of the reserve funds;
(d) by raising loans, if necessary, subject
to such terms and conditions as the
Association, with the approval of the
Competent Authority, may determine in this
behalf.
47. 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
State Co-operative Bank; or
(b) in any of the securities specified in
section 20 of the Indian Trust Act, 1882; or
(c) in any Co-operative Bank other than
referred to in clause (a) or in any Banking
Company approved for this purpose by the
Association.
48. 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.
Page 15 of 17
49. 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) Each apartment owner shall have a
passbook 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 the assessment and
other dues if any, in respect of his
apartment.
(3) 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; or
(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.
(4) 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.
(5) Every financial statement shall be
accompanied by a list of the apartment
owners and the similar list of loanees.
(6) 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.
50. 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.
Page 16 of 17
51. 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.
52. 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
53. 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 mortgagee and the
Association shall maintain such information in a
book entitled "Mortgagees of
Units".
54. Notice of un-paid Assessments—The Association shall,
at the request of a
mortgagee of a unit, report any un-paid
assessment due from the owner of such
unit.
CHAPTER VIII
COMPLIANCE
55. Compliance—These bye-laws are set forth to comply with the
requirement of
the Act. In case any of these bye-laws
conflict with the provisions of the Act it is
hereby agreed and accepted that the
provisions of the Act shall prevail.
56. 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.
Page 17 of 17
CHAPTER IX
57. 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
58. 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.
(Ravinder Singh)
Parmukh Sachiv
UTTAR
PRADESH SHASHAN
AWAS
EVAM SAHARI NIYOJAN ANUBHAG-1
In
pursuance of 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
NOTIFICATION
No. 3977/8-1-11-115D.A./02T.C.-I
Lucknow
: Dated 16 November, 2011
In
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:-
MODEL BYE-LAWS
CHAPTER I
PRELIMINARY
1. Short title, and application—
(1) These bye-laws may be called the
Bye-laws of the…………. (here insert the name
of condominium) Condominium.
(2) The provisions of these Bye-laws apply
to the …………….. Condominium.
2. Definitions—In these bye-laws,
unless the context otherwise requires,—
(a) 'Act' means the Uttar Pradesh Apartment
(Promotion of Construction,
Ownership and Maintenance) Act 2010.
(b) 'Association' means the Association of
all the apartment owners constituted by
the such owners for the purpose of the
........................... condominium;
(c) 'Board' means the Board of management
consisting of 4 to 10 Office Bearers
who shall be the owners of apartments in the.......................
condominium;
(d) 'Building' means the building located
at .............................. and known as
the ....................... Condominium and
includes the land forming part thereof;
Page 2 of 17
(e) 'Majority' of owners means those owners
holding 51 per cent of the votes.
(f) 'Owners' or 'apartment owners' means
the person owning an apartment in the
.............................................
condominium;
(g) 'Section' means a section of the Act;
(h) 'Unit' means a Dwelling or Non-dwelling
Unit in the ..........................
condominium;
(i) 'Registrar' means the Registrar under
the provisions of the Societies
Registration Act.
3. 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
..................................
(hereinafter called the said building).
(b) to invest or deposit money;
(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 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.
(e) to provide for and do all or any of the
matters provided in sub-section (7) of
section 14.
(f) to advance with the consent of the
apartment owners, any short-term loan to
any apartment owner(s) in case of any
emergent necessity and to provide for
the repayment thereof in lumpsum or in
instalments;
(g) to establish and carry on, on its own
accord or jointly with individuals or
institutions, educational, physical, social
and recreative activities for the
benefit of the apartment owners;
Page 3 of 17
(h) 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 ;
(i) to do all things necessary or 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.
4. Members of Association—
(1) All persons who have purchased
apartments in …………….. condominium and
executed a deed of apartment, shall
automatically be the members of the
Association and will pay the entrance fee
of one thousand rupees. Each
apartment owner shall receive a copy of the
bye-laws.
(2) 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.
5. Joint Apartment Owners—Where apartment has
been purchased jointly by
two or more persons, they shall be jointly
entitled to the apartment and the
share certificates shall be issued in their
joint names, but the person whose
name stands first in the share alone have
the right to vote.
6. Holding one share compulsory—Every apartment owner
must hold at
least one share of the Association.
7. Disqualification— No apartment owner is
entitled to vote on the election of
members of the Board or President, Vice
President, Secretary, Treasurer or
any other office bearer or 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 election to
Board would take place.
Page 4 of 17
CHAPTER II
VOTING, QUORUM AND PROXIES
8. Voting—Voting shall be on percentage basis, and the percentage
of the vote
to which the owner is entitled is the
percentage assigned to the Dwelling unit
or units in the Declaration.
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—Votes will be cast in
person. Except as
otherwise provided resolution of the
Association shall require approval by a
majority of owners casting votes in person
or proxy.
CHAPTER III
ADMINISTRATION
11. Powers and duties of Association—The Association shall
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.
12. Place of Meetings—Meetings of the
Association shall be held at a suitable
place convenient to the owners as from time
to time to be fixed by the
Association.
13. Annual Meetings—The first meeting of
the Association shall be held on
.................(date) …Thereafter the
annual meetings of the Association shall
be held on such date as the Association may
decide. At such meetings Board
of Management shall be elected by ballot of
the apartment owners 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.
14. Special Meetings—It shall be the duty
of the President to call a special
meeting of apartment owners as directed by
a resolution of the Board or
Page 5 of 17
upon a petition signed by a majority of the
owners and having been
presented to the Secretary or at the
request of the Competent Authority or
as the case may be, 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 two-third
owners present in person in the meeting.
15. Notice of Meetings—It shall be the duty
of the Secretary to mail or send
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
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.
16. 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.
17. 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 any
officer authorised by them.
(f) Report of Committee.
(g) Election of Board.
(h) Unfinished business, if any.
(i) New Business.
Page 6 of 17
CHAPTER IV
BOARD OF MAGAGEMENT
18. Management of Association—The affairs of the
association shall be governed
by a Board. The Board of Management shall
comprise of neither less than 4, nor
more than 10 persons to be constituted and
elected by the members by simple
majority in the General Body Meeting. The
principal office bearer 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
Secretary and an Assistant Treasurer and
such other Office bearer as the Board
may consider necessary
19. President—The President shall be the Chief Executive Officer of the
Association. He shall preside over all
meetings of the Association and of the Board.
He shall have all the general powers and
duties which are usually vested in the
office of the President of an Association,
including the power to appoint committees
from amongst the owners from time to time.
20. 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
assigned to him by the Board.
21. Secretary—The Secretary shall keep two separate minutes books, one for the
Association 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
Association of Apartment Owners and shall
record in the respective minutes books,
the resolutions adopted by the Association
of Apartment Owners or the Board, as
the case may be. He 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.
22. 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.
Page 7 of 17
23. Manager—The Board may employ for the Association a manager at a
compensation determined by the Board to
perform such duties as the Board may
authorise.
24. Powers and Duties of the Board —The Board shall have
powers and duties
necessary for the administration of the
affairs of the Association.
25. Other Duties—In addition to the
duties imposed by these bye-laws or by
resolution of the Association, the Board
shall be responsible for the following :—
(a) maintenance, repair and replacement of
the common areas and facilities,
(b) Collection from apartment owners share
of common expenses.
(c) resignation and removal of persons
employed for the 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 at which and the
manner in which the annual general
meetings and special general meetings of
the Association shall be held and
conducted.
26. Election and term of office—.
(i) The annual general meeting of the
Association, to be held in the first quarter of
each financial year, shall elect neither
less than 4, nor more than 10 Members
including the President, Vice President,
Secretary, and Treasurer from
Members of the Association. Provided that
no member shall be eligible for
election if he has been found guilty of
misusing the post during his previous
term.
Page 8 of 17
The term of office of the office-bearers of
the Board shall be one year from the
date of assuming office and they will be
eligible for re-election. Provided that a
person can not hold the same post
continuously for more than 2 years.
(ii) An arrangement shall be made by the
board to ensure that one third of
members of the board retire annually.
(iii) The office bearers shall hold office
until their successors have been elected and
hold their first meeting.
27.Vacancies—The vacancies in the Board 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.
28. 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 removal have been proposed
by the owners shall be given an opportunity
to be heard at the meeting.
29. Organisation of meeting—The first meeting of a
newly elected Board 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.
30. Regular Meetings—Regular meeting of the
Board may be held at such time
and such place as may be determined from
time-to-time by a majority of office
bearers 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.
31. Special Meetings—Special meetings may
be called by the President on three
days' notice to each office bearer and
notice of such meeting may be given
personally to each office bearer. Special
meetings of the Board shall be called by
the President or the Secretary on a written
request of at least three office bearers.
Page 9 of 17
32. 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.
33. Quorum—In all the meetings of the Board l/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.
34. 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 Associations.
CHAPTER V
OBLIGATION OF THE APARTMENT OWNERS
35.Assessments—All the owners are obliged to pay monthly assessments
imposed
by Association to meet all expenses related
to the ……….. condominium. The
assessment shall be made on the value of
the unit.
36.Maintenance and Repairs—
(1) Every owner must perform all maintenance and repair
work within his own unit.
(2) 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.
(3) 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.
(4) The apartment owner shall obtain police
verification report of the proposed
tenant from the concern police station
while letting out the apartment on rent to
ensure that the proposed tenant is not a
criminal or troublesome.
Page 10 of 17
37. 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 association
through an engineer to be appointed by the
Board and thereupon, after the
approval of the estimate by the Board, the
members shall contribute their share for
carrying out such repairs.
38. Use of Dwelling Units : Internal Changes—
(1) All the Units shall be utilised for
residential/approved purposes only.
(2) 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.
(3) 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..
(4) No owner shall undertake any work that
affects the structure of the building.
(5) 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.
39. 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;
Page 11 of 17
Provided that if the certificate is not
granted and its refusal is not communicated
within 15 days after the receipt of the
application for its grant, it shall be deemed
that the No Dues Certificate has been
granted by the Association
Provided further that the transferor of an
apartment owner shall pay ½ percent 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
of the building.
40. Use of Apartments,
Common Areas and Facilities and Limited Common Areas and Facilities—
(1) An apartment owner of a residential
unit shall use it for only residential purpose
and similarly, an apartment owner of a
non-residential unit use it for nonresidential
purposes alone.
(2) 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.
(3) 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.
(4) 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 Association, the
Association may approach the competent
authority for its removal who will take an
appropriate action in accordance to the
provisions of law.
(5)If lift and/or elevators are provided in
the building, as part of the common areas
and facilities, they shall be used by the
owners of the apartment and/or their
tenants and/or any one claiming under them
for the transportation of the owners,
the tenant and their guests as also the
employees of the owners, their tenants and
of the management and heavy article or any
other articles, the transportation of
Page 12 of 17
which in the lift or elevator along with
the owners, tenants or their guests or the
employees shall cause discomfort or
inconvenience to other users of the lift or the
elevators, shall be transported only with
the lifts or elevator are not in use by other
users; provided this restriction shall not
apply, if an elevator or lift is provided for
the exclusive transportation of articles,
packages, merchandise and such other
objects.
(6) In non-residential buildings, the
association of apartment owners may manage
the parking space by earmarking it for the
apartment owners and also separately
reserving parking space for the vehicles of
the visitors. The association may also
levy a parking fee from the visitors to
meet the expenses for the management of
the parking space of the visitors..
(7) The apartment owners shall use their
apartments in a manner which does not
spread any smell while cooking food etc. from their apartment
to cause any
irritation or annoyance to their
neighbouring apartment owners.
(8) The convenient shops within the
building shall be regulated in a manner that no
inconvenience is caused to the apartment
owners. Such convenient shops should be
to cater the needs of the apartment owners
and not the outsiders..
(9) The association of the apartment owners
may frame its scheme and
regulations for admitting the members of a
club situated within the building and it
may also frame regulations for permitting
the guest of the members. Such scheme
and the regulations would bind the
apartment owners as well as the agency which
may manage the club.
(10) 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.
Page 13 of 17
41.Right of Entry—
(1) An owner shall grant the right of entry
to the office bearer or to any other
person authorised by the Board 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 unit for the use of 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.
42. Rules of Conduct—
(1) No resident shall post any
advertisement or poster of any kind in or on the
building, except as authorised by the
Association.
(2) 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.
(3) It is prohibited to hang garments, rugs
etc. from the windows, balconies or from
any of the facades.
(4) It is prohibited to throw garbage or
trash outside the disposal places provided
for such purpose in the service areas. If
such place is not provided, all garbage or
trash shall be collected in a vessel and
thrown in the municipal dustbin.
(5) 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
authorised by the Association.
43. 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.
Page 14 of 17
44. 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.
45. Visitors /Guests: The visitors / guest
(s) of the apartment owner 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 INVESTMENTS
46. Funds— Funds maybe raised by the Association in all or any of
the following
ways:-
(a) by shares;
(b) by contributions and donations by the
apartment owners;
(c) from common profits which shall form
the nucleus of the reserve funds;
(d) by raising loans, if necessary, subject
to such terms and conditions as the
Association, with the approval of the
Competent Authority, may determine in this
behalf.
47. 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
State Co-operative Bank; or
(b) in any of the securities specified in
section 20 of the Indian Trust Act, 1882; or
(c) in any Co-operative Bank other than
referred to in clause (a) or in any Banking
Company approved for this purpose by the
Association.
48. 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.
Page 15 of 17
49. 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) Each apartment owner shall have a
passbook 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 the assessment and
other dues if any, in respect of his
apartment.
(3) 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; or
(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.
(4) 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.
(5) Every financial statement shall be
accompanied by a list of the apartment
owners and the similar list of loanees.
(6) 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.
50. 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.
Page 16 of 17
51. 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.
52. 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
53. 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 mortgagee and the
Association shall maintain such information in a
book entitled "Mortgagees of
Units".
54. Notice of un-paid Assessments—The Association shall,
at the request of a
mortgagee of a unit, report any un-paid
assessment due from the owner of such
unit.
CHAPTER VIII
COMPLIANCE
55. Compliance—These bye-laws are set forth to comply with the
requirement of
the Act. In case any of these bye-laws
conflict with the provisions of the Act it is
hereby agreed and accepted that the
provisions of the Act shall prevail.
56. 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.
Page 17 of 17
CHAPTER IX
57. 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
58. 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.
(Ravinder Singh)
Parmukh Sachiv
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