1
FORM A
DEED OF DECLARATION
(Section 2 of the Karnataka Apartment Ownership Act, R/W Rule 3 of the
Karnataka Apartment Ownership Rules, 1975)
OF
RELIAABLE ACACIA APARTMENTS
This DEED OF DECLARATION is made as per the provisions of section 2
of the Karnataka Apartment Ownership Act, 1972, at Bangalore,
Karnataka State, on this _________ day of January Two Thousand and
Nine) (
.01.2009)
BY:
1.
Sri.A.RAMA REDDY, aged 33 years,
Son of late Sri.A.R.Ashwathanarayana Reddy,
2.
Smt.A.LAVANYA, aged 31 years,
Wife of Sri. Narendra Balaji,
Daughter of late Sri.A.R.Ashwathanarayana Reddy,
3.
Sri.A.NARASIMHA REDDY, aged 29 years,
Son of late Sri.A.R.Ashwathanarayana Reddy,
4.
Smt.H.R.ANUSUYA, aged 53 years,
Wife of late Sri.A.R.Ashwathanarayana Reddy,
Declarants at Sl. No. 1 to 4 are residing at No. 453,
15th Cross, Lakkasandra Layout,
Bangalore – 560 030.
5.
Sri.H.P.KRISHNA REDDY, aged 64 years,
Son of late Sri.Chikkapapaiah,
6.
Smt.G.SUNANDAMMA, aged 47 years,
Wife of Sri.H.P.Rama Reddy,
7.
Smt.S.R.MANJULA, aged 42 years,
Wife of Sri.H.P.Lakshmana Reddy,
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8.
Smt.R.SUMATHI, aged 25 years,
Daughter of Sri.H.P.Rama Reddy,
Represented by her GPA Holder Sri.H.P.Rama Reddy
9.
Sri.H.P.LAKSHMANA REDDY, aged 56 years,
Son of late Sri.Chikkapapaiah,
10.
Sri. GOVINDAPPA, aged 72 years,
Son of late Sri.Avalappa,
Declarants at Sl.No.5 to 10 are residing at No. 255,
36th Cross, 5th Main Road, 4th Block,
Jayangar, Bangalore - 560 011.
11.
Smt.VIDYA GUPTA, aged 70 years,
Wife of Sri.Banwarilal Gupta,
Residing at No.374,
New Friends Colony,
New Delhi – 110 065.
Party at Sl.No.11 represented by her G.P.A. Holder Sri. NIRMAL
BAFNA represented by his GPA holder M/s Reliaable Acacia
Represented by its Partners Sri.H.P. Rama Reddy and Sri.A.Rama
Reddy.
Hereinafter referred to as the "DECLARANTS" (which expression shall
wherever the context so permits or admits, mean and include their
respective Legal Heirs, Successors, Executors, Administrators, Assigns
and Legal Representatives) of the ONE PART
AND
Sri. NIRMAL BAFNA,
Managing Director for
M/s. ANSU BUILDERS PRIVATE LIMITED,
Represented by its General Power of Attorney Holder
M/s. RELIAABLE ACACIA,
A Partnership Firm,
Having its office No. 573,
1st Floor, 20th Main,
8th Block, Koramangala,
Bangalore – 560 095.
Represented by its Partners.
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1.
Sri. H. P. RAMA REDDY, S/o. Late Sri. Chikkappaiah,
2.
Sri. A. RAMA REDDY, S/o. late
Reddy,
Sri. A. R. Ashwathnarayana
Hereinafter called the "DEVELOPERS/CONFIRMING PARTY" (which
expression shall wherever the context so permits or admits mean and
include the Firm, its Partners, Legal Heirs, representatives,
Administrators, Executors and Assigns) of the SECOND PART:
HEREBY STATE AND DECLARE AS UNDER
WHEREAS, the purpose of this declaration is to submit the residentially
converted land being portion of Sy.No.34, situated at Ibblur village,
Begur Hobli, Bangalore South Taluk, presently bearing single Katha
No.338/334, issued by the City Municipal Council, Bommanahalli,
totally measuring 74,803 Sq. feet, more fully described in Schedule
herein below and hereinafter referred to as COMPOSITE SCHEDULE
PROPERTY, to the provisions of the Karnataka Apartment Ownership
Act, 1972.
COMPOSITE SCHEDULE ‘A’ PROPERTY:
All that piece and parcel of residentially converted land being portion of
Sy.No.34, situated at Ibblur village, Begur Hobli, Bangalore South Taluk,
presently bearing single Katha No.338/334, issued by the City Municipal
Council, Bommanahalli, totally measuring 74,803 Sq. feet, and bounded
on the
East by
:
Property belonging to Srinivasa Reddy;
West by
:
Partly by 40 feet wide Road;
North by
:
Land belonging to Gowramma;
South by
:
Portion of Property belonging to Anurag Jain.
DEVOLUTION OF TITLE TO ITEM No.1 OF SCHEDULE PROPERTY
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Whereas,
the
father
of
the
Declarants
No.1
to
4
i.e.,
late
Sri.A.R.Ashwathnarayan Reddy acquired the residentially converted Land
bearing Survey No.34, situated at Ibblur Village, Begur Hobli, Bangalore
South Taluk, Bangalore, measuring 48,864 Sq.feet (Converted vide
Official
Memorandum
dated
No.B.Dis.ALN.SR(S):224/92-93,
Commissioner,
Bangalore
issued
District),
9/02/1993,
by
which
the
bearing
Special
Property
Deputy
is more
fully
described as the "ITEM NO.1 of the SCHEDULE `A’ PROPERTY", vide
Partition Deed dated 1/8/1980.
Whereas, late. Sri.A.R.Aswathanarayan Reddy S/o.A.V.Rama Reddy, during his life time
was a party and signatory to all the documents in the formation of Reliaable Acacia
Apartment initially executed in this aforesaid project and subsequently he died intestate
on 27/07/2007 leaving behind the Declarants No.1 to 4 as his legal heirs to inherit the
properties left behind him. Further all the legal heirs of Sri.Ashwathnarayana Reddy were
already parties in the aforesaid project and signatory to all its documents.
DEVOLUTION OF TITLE TO ITEM No.2 OF SCHEDULE PROPERTY
WHEREAS the Declarants at Sl.No.5 to 10 are the Owners of all that
piece and parcel of portion of residentially converted Land bearing Survey
No.34, situated at Ibblur Village, Begur Hobli, Bangalore South Taluk,
Bangalore,
measuring
16,339
Sq.feet,
(Converted
vide
Official
Memorandum dated 9/02/1993, bearing No.B.Dis.ALN.SR(S):224/92-93,
issued by the Special Deputy Commissioner, Bangalore District), which
Property is more fully described as the "ITEM No.2 of the SCHEDULE
‘A’ PROPERTY", having acquired the same vide a registered Deed of Sale
dated 13/05/2002, which document was
registered as document
No.684/2002-03, in Book I, stored in C.D.No.76/2002-03, registered
before the Office of the Sub-Registrar, Bangalore South Taluk, Bangalore.
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DEVOLUTION OF TITLE TO ITEM No.3 OF SCHEDULE PROPERTY
WHEREAS the Declarant at Sl.No.11 is the Owner of all that piece and
parcel of portion of residentially converted Land bearing Survey No.34,
situated at Ibblur Village, Begur Hobli, Bangalore South Taluk,
Bangalore, measuring 9600 Sq.feet (Converted vide Official Memorandum
dated 9/02/1993, bearing No.B.Dis.ALN.SR(S):224/92-93, issued by the
Special Deputy Commissioner, Bangalore District), which Property is
more fully described as the "ITEM No.3 of the SCHEDULE ‘A’
PROPERTY", having acquired the same vide a registered Deed of Sale
dated 17/6/2000, registered as document No.2172/2000-01, Volume
4567, Pages 132 to 139, Book I, registered before the Office of the SubRegistrar, Bangalore South Taluk, Bangalore.
JOINT DEVELOPMENT AGREEMENT AND GENERAL POWER OF
ATTORNEY
WHEREAS M/s.ANSU BUILDERS PRIVATE LIMITED, represented by it’s
Managing
Director
Mr.Nirmal
Bafna
(hereinafter
called
the
DEVELOPERS/ BUILDERS) have prepared a Development Scheme in
respect of the land described in the Item No.1 and 2 of the Schedule 'A'
hereto for the construction of a Multi-Storied Apartment Building and in
pursuance of the Joint Development Agreement dated 12/6/2003,
entered into by it with the Declarants at Sl.No.1 to 10 for the
construction of a Multi-Storied Residential Apartment. Further the
Declarants at Sl.No.1 to 10 have executed a registered General Power of
Attorney
in
favour
of
M/s.ANSU
BUILDERS
PRIVATE
LIMTIED,
represented by its Managing Director Mr.Nirmal Bafna, interalia
empowering him to act as their agent/s in the matter of developing
Item No.1 and 2 of the Schedule ‘A’ Property falling to the share of the
Developers/Builders.
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WHEREAS likewise M/s.ANSU BUILDERS PRIVATE LIMITED, represented by it’s
Managing Director
Mr.Nirmal
Bafna (hereinafter called the
DEVELOPERS/
BUILDERS) have also prepared a Development Scheme in respect of the land described
in the Item No.3 of the Schedule 'A' Property hereto for the construction of a MultiStoried Apartment Building and in pursuance of the Joint Development Agreement
dated 9/6/2003. Further the Declarant at Sl.No.11 has also granted a registered General
Power of Attorney in favour of M/s.ANSU BUILDERS PRIVATE LIMTIED,
represented by its Managing Director Mr.Nirmal Bafna, interalia empowering him to act
as their agent/s in the matter of developing Item No.3 of the Schedule ‘A’ Property
falling to the share of the Developers/Builders.
ALLOCATION AGREEMENT
Whereas, as per the allocation Agreement dated 21.09.2004 and
subsequent to sanction of plans, according to the final understanding
and arrangement amongst the Declarants/Owners of Item No.1, the
Declarants/owners of Item No.2 and Declarant/owner of Item No.3 and
the Developers/Confirming parties, the parties herein have agreed to
allocate
Schedule
the
A
Residential
property
complex
amongst
constructed
themselves
on
and
the
Composite
accordingly
the
Declarants/owners of Item No.1 are entitled to a total super built up area
(compromise of SBUA + 1/4 of Garden & 1/3 of Terrace) of about
16,036.25 Square feet along with 13 Nos. of car parking space in the
basement, the Declarants/owners of Item No.2 are entitled to a total
super built up area ( compromise of SBUA + 1/4 of Garden & 1/3 of
Terrace) of about 5,472.75 Square feet along with 05 Nos. of car parking
space in the basement, the Declarant/owner of Item No.3 is entitled to a
total super built up area ( compromise of SBUA + 1/4 of Garden & 1/3 of
Terrace) of about 3,550 Square feet along with 03 Nos. of car parking
space in the basement, the Developers/confirming parties are entitled to
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a total super built up area ( compromise of SBUA + 1/4 of Garden & 1/3
of Terrace) of about 1,02,916.50 Square feet along with 85 Nos. of car
parking space in the basement in residential complex constructed on the
Composite Schedule ‘A’ property.
COMPOSITE PROPERTY/DEVELOPMENT
WHEREAS, the above said Item No.1, Item
No.2 and Item No.3
Properties are situated adjacent to each other and totally measures
74,803 Sq.feet, and have been clubbed/amalgamated together and the
Bommanahalli City Municipal Council has issued Katha No. 338/334
dated 19.08.2003, which Property is more fully described in the
Schedule ‘A’ hereunder and hereinafter referred to as the "COMPOSITE
SCHEDULE ‘A’ PROPERTY".
WHEREAS, as per the Development Scheme formulated by M/s.Ansu
Builders Private Limited, represented by its Managing Director Mr.Nirmal
Bafna, they have obtained a License and Sanctioned Plan bearing
L.P.No.Na.Ma./Aa.Sa/Tha.Sa3/Pu/27/04-05 dated 2/7/2004 from
the Bangalore Development Authority, Bangalore for purpose of
putting up a Multi–Storied Apartments Building Complex comprising of
Five Blocks and three Tow House on the Composite Schedule ‘A’
Property. WHEREAS, the Declarants represent that, after having so
acquired the right, title & interest in the Schedule Property they have
paid the necessary betterment charges, cess and taxes to the local
Authorities up to date.
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WHEREAS, the Declarants and the DEVELOPERS/CONFIRMING PARTY,
under the aforesaid scheme of development agreements and binding
agreements, agreed for the development of the Composite Schedule A
Property and to construct the apartments/buildings as per the proposed
scheme named as “RELIAABLE ACACIA” a residential complex, subject
to the terms and conditions contained therein and also sale of the
apartments
constructed
thereon,
in
accordance
with
the
caused,
through
said
agreements.
WHEREAS,
the
Declarants
the
DEVELOPERS/CONFIRMING PARTY herein above, construction of
________ buildings/ blocks, described/named Block-A, B, C, D & E, Row
House Type-1, 2 and 3 on the Composite Schedule A Property,
according to the plans, attached hereto as Composite Schedule A
property, which was duly approved by Bangalore Development Authority
vide
License
and
Sanctioned
Plan
bearing
L.P.No.Na.Ma./Aa.Sa/Tha.Sa3/Pu/27/04-05 dated 2/7/2004.
Under the aforesaid scheme of development agreements and allocation
agreement, person/s interested in acquiring ownership to residential
apartments
(with/without
rights
to
park
light
motor
vehicle
in
covered/open parking space) are required to acquire an undivided share
in the Composite Schedule A Property and have the Residential
Apartments constructed thereof and in pursuance of such a scheme, the
CONFIRMING PARTY has worked out the undivided share of land with
respect to Apartments/buildings to be constructed, which forms basis of
the sale.
WHEREAS, each of the said _________ buildings consists of a basement, a
ground floor and three upper floors. The ground and the upper floors
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consist of individual apartments, for residential purposes. All the upper
floors are having their own entry / exit to the respective lift lobbies and
the basements, being common area and facility and hence, are separate
and capable of individual/exclusive utilization.
WHEREAS, the Apartments in the said buildings are being sold to
different persons. Each such purchaser shall have, exclusive proprietary
rights
thereto
and
each
apartment
constitutes
a
heritable
and
transferable immovable property for the purpose of any law for the time
being in force in the State of Karnataka and also an undivided interest in
the common areas and facilities, as listed hereinafter in this Deed of
Declaration, necessary for their proper use and enjoyment.
WHEREAS, the Cluster of these ________buildings/blocks shall be
known
as
“RELIAABLE
ACACIA
APARTMENTS”
and
all
the
apartments therein, are individually identified as under:In the ground and in each of the upper floors, the various apartments
on each floor, are numbered as follows: i.e., those of the ground floor
will bear numbers ‘_________________’ etc., those on the first floor will
bear the numbers ‘_____________________’ etc., and like in the Second
and Third Floor. Hereinafter, such apartments will be referred to and
identified
as,
block
coupled
with
apartment
number,
i.e.
‘____________________’ and the like, respectively.
WHEREAS,
1) the aforesaid buildings/blocks have a total built-up area of
1,14,800 Sq.ft. in the aggregate.
2) an area of __________________ Sq.ft. in aggregate, including car
parking slots designated/allotted as shown in Annexure to
Composite
Schedule
A
property
for
specific
apartment
exclusively as contained in the Deed of Apartment/sale deed of
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undivided share will constitute limited common areas and
facilities, as shown in Composite Schedule A property.
3) The whole apartment of Reliaable Acacia constructed Built up
area, Common Area, super Built Up Area, Terrace and Garden is
described as Schedule B Property.
4) The each apartment of Reliaable Acacia with Unit Number, Name
of the apartment owner, Built up area, Common Area, super Built
Up Area, Terrace and Garden of each apartment is described as
Schedule C Property.
WHEREAS,
a. The aggregate value of the “RELIAABLE ACACIA” including of
value of the each apartment is Rs.__________/b. The administration of the “RELIAABLE ACACIA”, shall be in
accordance with this Deed and with the provisions of the ByeLaws, Schedule D which is made part of this Deed.
c. The proportionate representation for voting purpose provided in
(a) hereof, shall be subject to the provisions of the Bye-Laws
attached hereto as Schedule D.
d. apartments and the percentage of undivided interests in the
common areas and facilities appertaining to the apartment are not
encumbered in any manner, whatsoever, by the Declarants.
WHEREAS, as stated above, a plan of ‘Apartment Ownership’ is hereby
constituted and subjected to the provisions of the Act, so that the
apartments
of
ground
/
and
upper
floors
of
all
the
said
____________buildings/blocks, may be conveyed and registered as
separate individual properties capable of independent use, on account of
each having its independent entrance / exit to the common area and
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facility of the building/blocks. Each Apartment Owner shall have an
exclusive right, title and interest over his respective apartment and
limited areas and facilities and in addition, the specified undivided
interest in the common areas and facilities, provided that, every
apartment Owner submits/files the deed of Apartments as provided
under Section 5 of the said Act (Form B).
WHEREAS, for the purpose of stamp duty and registration charges of
this Deed of Declaration, the value of the “RELIAABLE ACACIA” is as
follows
(a) The buildings/blocks described in the fifth paragraph hereinabove, being aggregate built up area of 1,14,800 Sq.ft. is valued at
Rs.__________________/- (Rupees ______________________ Only) @
Rs_______/- per Sq. ft, calculated in accordance with the
notification ________________________, Bangalore, dated __________.
(b) The value of the land described in the Schedule, herein above is
included in the value of built up area contained in (a) above which
includes the value of proportionate undivided share and interest in
the land also and hence not required to be calculated separately.
c) However, as this Deed of Declaration is a “Declaration” coming
under Article 4 of the Karnataka Stamp Act, 1957 (vide order
bearing DRI # 38/04-05 dated 27-07-2004 passed by the Deputy
Commissioner of Stamps Bangalore Urban District) stamp duty of
Rs.20/- is fixed/paid on this Deed of Declaration.
WHEREAS, so long as the Declarants/DEVLOPER/CONFIRMING PARTY
own
one
or
more
apartments,
the
Declarants/DEVELOPER/CONFIRMING PARTIES shall be subject to the
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provisions of this Deed and the Declarants covenant to take no action,
which will adversely affect the rights of the “RELIAABLE ACACIA” or any
Apartment Owner of “RELIAABLE ACACIA” with respect to assurances
against latent defects in the buildings/blocks or other rights assigned to
the “______” by reason of the establishment of the “___________”.
WHEREAS, the common areas and facilities or limited common areas
and facilities shall remain undivided and no Apartment Owner is entitled
to bring any action for partition or division thereof.
WHEREAS, the percentage of the undivided interest in the limited
common areas and facilities mentioned herein, shall not be changed
except, with the unanimous consent of all the Apartment Owners.
WHEREAS, the undivided interest in the common areas and facilities and
or limited common areas and facilities shall not be separated from the
apartment, to which it appertains and shall be deemed conveyed or
encumbered with the apartment.
WHEREAS, each Apartment Owner shall comply with the provisions of
this Deed, the Bye-Laws, decisions and resolutions of the “RELIAABLE
ACACIA APARTMENT OWNERS ASSOCIATION” and failure to comply
with any such provisions, decisions or resolutions shall be a ground for
an action to recover sums due for damages or for injunctive relief, or any
other such actions as the Managing Committee of “RELIAABLE ACACIA
APARTMENT OWNERS ASSOCIATION” deems fit.
WHEREAS, the dedication of the plan of ‘Apartment Ownership’ herein,
shall not be revoked, or the property removed from the plan of
‘Apartment Ownership’ or any of the provisions contained herein, unless
all the Apartment Owners and the mortgagees in possession of all the
mortgages concerning the particular apartment unanimously agree to
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such revocation or amendment or removal of the property from the plan
by duly registered instrument;
PROVIDED that, the other provisions (except paragraph 15) of this
Declaration may be amended; but such amendment shall always be kept
consistent with the provisions of the Act, by a vote of at least ________%
in common interest of all Apartment Owners cast at a meeting duly held
for that purpose in accordance with the provisions of the Bye-Laws.
No such amendment shall be effective, unless and until duly
registered under the Registration Act 1908.
WHEREAS,
No Apartment Owner, may exempt himself from the liability for his
contribution towards the common expenses by waiver of the use of
or enjoyment of, any of the limited common areas and facilities or
by abandonment of his apartment.
In the case of abandonment of any apartment by any Apartment
Owner or his heirs or legal representatives or legatee, the
Managing Committee of “ASSOCIATION” shall take necessary
steps, as it deems fit for the protection /maintenance thereof, for a
period not exceeding 12 months. After the said period, if no proper
arrangement is made in respect of such apartment by the
concerned person, the Managing Committee of ‘ASSOCIATION,
may initiate any action as they deem necessary, including taking
possession and letting out of such apartment for the purpose of
meeting the periodical maintenance charges, expenses towards
property Tax and any other expenses that my be incurred towards
its preservation.
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WHEREAS, all sums assessed by the said Association, towards the
common expenses pertaining to any apartment, shall constitute as a
prior charge on such apartment to all other charges except, the dues to
the Government or local authorities.
WHEREAS, all the present or future owners, tenants, future tenants or
any other person that might use the facility of any part of the building or
the common areas and facilities in any manner, shall be subject to the
provisions of this Deed and that the mere acquisition or receipt of rental
of any of the apartments or the mere Act of occupancy of any of the said
apartments or part thereof by any person shall be deemed to signify that
the provisions of this Deed are accepted and ratified by such person. No
apartment shall be let-out or given on leave and license or caretaker
basis by any Apartment Owner for transient or hotel purposes, or for any
commercial/business purposes. Subject to the foregoing obligations, an
Apartment Owner shall have absolute right to lease his apartment or give
it on leave and license or caretaker basis, for not less than one month
provided that such lease or license or caretaker basis is specifically made
subject to the covenants and restrictions contained in this Declaration
and the Bye-Laws.
WHEREAS, if the property subjected to the plan of ‘Apartment
Ownership’ under this deed is totally or substantially damaged or
destroyed, the repair, reconstruction or disposition of the property shall
be as provided by the Act.
WHEREAS, where an apartment is sold by a mortgagee, in exercise of his
powers of sale under a mortgage or by a Court in execution of a decree in
a suit, the mortgagee or the purchaser who acquires title to the
apartment at such sale or his successors or assigns shall be liable for
assessments by the “RELIAABLE ACACIA ASSOCIATION” which became
15
due prior to the acquisition of title by such acquirer / purchaser, it being
understood however, that the above shall not be construed to prevent the
“RELIAABLE ACACIA ASSOCIATION” from claiming charge for such
assessments and enforcing the same as provided by law and that such
charge shall be a prior charge to such mortgage.
WHEREAS, in a voluntary transfer of an apartment, the Vendor of the
apartment shall be jointly and severally liable with the purchaser for all
unpaid assessments by such Apartment Owner against the latter, for his
share of the common expenses up-to the time of the transfer, without
prejudice to the purchaser’s right to recover from the Vendor the
amounts paid by the purchaser. However, any such purchaser shall be
entitled to a statement from the “______”, setting forth the amount of the
unpaid assessments against the Vendor due to the “______” and such
purchaser shall not be liable for, nor shall the apartment conveyed /
transferred be subject to a charge for, any unpaid assessments made by
the “________” against the Vendor in excess of the amount set forth
therein.
WHEREAS, the “________” shall obtain and continue in effect proper
insurance cover / blanket in proper form, if requested for by a
mortgagee, at the cost of the mortgagee or the mortgager of any
apartment, without prejudice to the right of an Apartment Owner to
obtain individual apartment Insurance.
WHEREAS, the “________” shall obtain and keep in force / effect the
blanket insurance cover in respect of all the apartments/the entire
project, protecting from any distraction or defect caused by natural
calamity or civil disturbance etc and payment of premium shall be
collected from the Apartment Owners either separately or forming part of
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the periodical assessment and a separate account shall be maintained
for this purpose.
SCHEDULE ‘A’ PROPERTY
Item No.1:
All that piece and parcel of portion of residentially converted land bearing
Sy.No.34, situated at Ibblur Village, Begur Hobli, Bangalore South,
measuring 48,864 Sq.feet and bounded on the
East by
:
Private Property belonging to Srinivasa Reddy;
West by
:
Partly by Property described in Item No.2 and partly
by road;
North by
:
Partly by Property belonging to Gowramma, partly
by Property described in Item No.2 and partly by
Property in Item No.3
South by
:
Property belonging to Mr.Anurag Jain.
Item No.2
All that ‘L’ shaped portion in residentially converted land bearing
Sy.No.34, situated at Ibblur Village, Begur Hobli, Bangalore South,
measuring 16,339 Sq.feet and bounded on the
East by
:
Property described in Item No.1;
West by
No.3
:
Partly by 40 feet road and partly by Property in Item
belonging to Mrs.Vidya Gupta;
North by
:
Property belonging to Gowramma;
South by
:
Partly by Property described in Item No.3 and Partly by
Property described in Item No.1.
Item No.3:
All that piece and parcel of portion of residentially converted land bearing
Sy.No.34, situated at Ibblur Village, Begur Hobli, Bangalore South,
measuring 9600 Sq.feet and bounded on the
17
East by
:
Property described in Item No.2;
West by
:
Property bearing Katha No.280/214/3;
North by
:
Property described in Item No.3;
South by
:
Property described in Item No.1.
COMPOSITE SCHEDULE ‘A’ PROPERTY:
All that piece and parcel of residentially converted land being portion of
Sy.No.34, situated at Ibblur village, Begur Hobli, Bangalore South Taluk,
presently bearing single Katha No.338/334, issued by the City Municipal
Council, Bommanahalli, totally measuring 74,803 Sq. feet, and bounded
on the
East by
:
Property belonging to Srinivasa Reddy;
West by
:
Partly by 40 feet wide Road;
North by
:
Land belonging to Gowramma;
South by
:
Portion of Property belonging to Anurag Jain.
SCHEDULE ‘B’ PROPERTY
SUMMARY OF ALL BLOCKS AND ROW HOUSES
Sl. No.
Unit No.
1
2
3
4
5
6
BLOCK-A
BLOCK-B
BLOCK-C
BLOCK-D
BLOCK-E
ROW
HOUSE
Built up Common Super
Terrace Garden
area
area
built up
Area
SFT
(8%) SFT SFT
SFT
SFT
18,675
1,494
20,169
146
985
19,042
1,524
20,566
146
1,191
19,170
1,532
20,702
146
2,940
19,156
1,533
20,689
146
1,195
19,242
1,540
20,782
146
2,049
6,528
560
7,088
1,397
18
TYPE-1
ROW
5,959
HOUSE
TYPE-2
ROW
7,028
HOUSE
TYPE-3
Grand
114,800
total
of
All Blocks
and Row
Houses
7
8
477
6,436
1,200
1,302
562
7,590
534
1,659
9,222 124,022
2,464 12,718
TOTAL NUMBER OF CAR PARKING IN THE BASEMENT == 106 Nos.
SCHEDULE ‘C’ PROPERTY
BLOCK – A
Sl.
No.
Unit
No.
1
2
3
4
5
6
7
8
001
(2Bed)
002
(3Bed)
003
(2Bed)
004
(2Bed)
101(2Bed)
102
(3Bed)
103(2Bed)
104
Owner
name
Built
up
area
Common Super
Terrace Garden
area
built
up
Area
SFT
(8%) SFT SFT
SFT
SFT
1035
83
1118
1235
99
1334
488
1083
87
1170
497
808
65
873
1125
90
1215
1331
106
1437
1119
90
1209
1264
101
1365
19
9
10
11
12
13
14
15
16
(3Bed)
201
(2Bed)
202
(3Bed)
203
(2Bed)
204
(3Bed)
301
(2Bed)
302(3Bed)
303
(2Bed)
304
(3Bed)
Total
1124
90
1214
1331
106
1437
1117
89
1206
1264
101
1365
1125
90
1215
1331
106
1437
1119
90
1209
1264
101
1365
18,675
1,494 20,169
73
73
146
985
BLOCK – B
Sl. No.
Unit
No.
1 001 (2Bed)
2 002 (3Bed)
3 003 (2Bed)
4 004 (2Bed)
5 101(2-
Owner
name
Built
up
area
Common
area
SFT
(8%) SFT
1043
83
Super Terrace Garden
built
up
Area
SFT
SFT
SFT
1126
1295
104
1399
715
1083
87
1170
476
1089
87
1176
1071
86
1157
20
6
7
8
9
10
11
12
13
14
15
16
Bed)
102 (3Bed)
103(2Bed)
104 (3Bed)
201 (2Bed)
202 (3Bed)
203 (2Bed)
204 (3Bed)
301 (2Bed)
302(3Bed)
303 (2Bed)
304 (3Bed)
Total
1331
106
1437
1119
90
1209
1324
106
1430
1070
86
1156
1331
106
1437
1117
89
1206
1324
106
1430
1071
86
1157
1331
106
1437
1119
90
1209
1324
106
1430
19,042
1,524 20,566
73
73
146
1191
BLOCK – C
Sl.
No.
Unit
No.
1 001
(2Bed)
2 002
(3Bed)
3 003
(2Bed)
4 004
(2-
Owner
name
Built
up
area
Common Super
Terrace Garden
area
built
up
Area
SFT
(8%) SFT SFT
SFT
SFT
1096
88
1184
712
1296
104
1400
1714
1060
85
1145
514
1066
85
1151
21
5
6
7
8
9
10
11
12
13
14
15
16
Bed)
101(2Bed)
102
(3Bed)
103(2Bed)
104
(3Bed)
201
(2Bed)
202
(3Bed)
203
(2Bed)
204
(3Bed)
301
(2Bed)
302(3Bed)
303
(2Bed)
304
(3Bed)
Total
1125
90
1215
1331
106
1437
1112
89
1201
1317
105
1422
1124
90
1214
1331
106
1437
1110
89
1199
1317
105
1422
1125
90
1215
1331
106
1437
1112
89
1201
1317
105
1422
19,170
1,532 20,702
73
73
146
2,940
BLOCK – D
Sl.
No.
Unit
No.
1
001
Owner
name
Built
up
area
Common Super
Terrace Garden
area
built
up
Area
SFT
(8%) SFT SFT
SFT
SFT
1073
86
1159
22
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
(2Bed)
002
(3Bed)
003
(2Bed)
004
(2Bed)
101(2Bed)
102
(3Bed)
103(2Bed)
104
(3Bed)
201
(2Bed)
202
(3Bed)
203
(2Bed)
204
(3Bed)
301
(2Bed)
302(3Bed)
303
(2Bed)
304
(3Bed)
Total
1272
102
1374
688
1069
86
1155
507
1075
86
1161
1118
89
1207
1324
106
1430
1121
90
1211
1327
106
1433
1118
89
1207
1324
106
1430
1119
90
1209
1326
106
1432
1118
89
1207
1324
106
1430
1121
90
1211
1327
106
1433
19,156
1,533 20,689
73
73
146
1195
23
BLOCK – E
Sl.
No.
Unit
No.
1 001
(2Bed)
2 002
(2Bed)
3 003
(3Bed)
4 004
(2Bed)
5 101(3Bed)
6 102
(2Bed)
7 103(3Bed)
8 104
(2Bed)
9 201
(3Bed)
10 202
(2Bed)
11 203
(3Bed)
12 204
(2Bed)
13 301
(3-
Owner
name
Built
up
area
Common Super
Terrace Garden
area
built
up
Area
SFT
(8%) SFT SFT
SFT
SFT
1075
86
1161
1069
86
1155
505
1295
104
1399
1544
1096
88
1184
1326
106
1432
1121
90
1211
1331
106
1437
1125
90
1215
1327
106
1433
1119
90
1209
1331
106
1437
1124
90
1214
1326
106
1432
73
73
24
Bed)
14 302(2Bed)
15 303
(3Bed)
16 304
(2Bed)
Total
1121
90
1211
1331
106
1437
1125
90
1215
19,242
1,540 20,782
146
2049
ROW HOUSE – TYPE 1
Sl.
No.
Unit
No.
1
001 (2Bed)
002 (2Bed)
101(2Bed)
102 (2Bed)
201(2Bed)
202 (2Bed)
TOTAL
2
3
4
5
6
Owner
name
Built
up
area
Common Super Terrace Garden
area
built
up
Area
SFT
(8%) SFT SFT
SFT
SFT
1090
86
1161
927
1086
86
1155
1090
104
1399
1086
88
1184
1090
106
1432
1086
90
1211
6,528
560
7,088
470
1,397
ROW HOUSE – TYPE 2
Sl.
No.
Unit
No.
1
001 (3Bed)
002 (3-
2
Owner
name
Built
up
area
Common Super Terrace Garden
area
built
up
Area
SFT
(8%) SFT SFT
SFT
SFT
1482
119
1601
671
1490
119
1609
631
25
3
4
Bed)
101(3Bed)
102 (3Bed)
TOTAL
1492
119
1611
600
1495
120
1615
600
5959
477
6436
1,200
1,302
ROW HOUSE – TYPE 3
Sl.
No.
Unit
No.
1
001 (3Bed)
002 (2Bed)
101(3Bed)
102 (3Bed)
202 (3Bed)
TOTAL
2
3
4
5
Owner
name
Built
up
area
Common Super Terrace Garden
area
built
up
Area
SFT
(8%) SFT SFT
SFT
SFT
1492
119
1611
925
1094
88
1182
1495
120
1615
1468
117
1585
1479
118
1597
7028
562
7590
734
534
534
1,659
IN WITNESS WHEREOF the Declarants through their Attorney, M/s.
________, (earlier a Public limited Company) represented by its Assistant
General Manager and Authorised Signatory ______, for and on behalf of
the said Declarants and the CONFIRMING PARTY hereto set, sign and
execute this Deed of Declaration, on the day mentioned above.
1.
(A.RAMA REDDY)
Represented by his SPA Holder
Sri.Janardhna
26
2.
(A.LAVANYA)
Represented by his SPA Holder
Sri.Janardhna
3.
(A.NARASIMHA REDDY)
Represented by his SPA Holder
Sri.Janardhna
4.
(H.R.ANUSUYA)
Represented by his SPA Holder
Sri.Janardhna
5.
(H.P.KRISHNA REDDY)
Represented by his SPA Holder
Sri. SURENDRANATH
6.
(G.SUNANDAMMA)
Represented by his SPA Holder
Sri. SURENDRANATH
7.
(S.R.MANJULA)
Represented by his SPA Holder
Sri. SURENDRANATH
8.
(R.SUMATHI)
Represented by her GPA Holder
Sri.H.P.Rama Reddy represented by
his
SPA Holder Sri.Janardhna
9.
(H.P LAKSHMANA REDDY)
Represented by his SPA Holder
Sri. SURENDRANATH
27
10.
(GOVINDAPPA)
represented by his S.P.A. Holder
Sri. SURENDRANATH
11. (VIDYA GUPTA)
Represented by her GPA Holder
Sri. Nirmal Bafna represented by his
GPA holder M/s Reliaable Acacia
Represented by its Partners
(i)
Sri.H.P.Rama Reddy and
(ii)
Sri.A.Rama Reddy.
2.
DECLARANTS
(Sri. NIRMAL BAFNA)
Represented
by
its
Managing
Director,
M/s. Ansu Builders (P) Ltd
Represented by its GPA Holder
M/S.RELIAABLE ACACIA,
Represented by its Partners.
1.
(H.P RAMA REDDY)
2.
(A.RAMA REDDY)
Represented by their SPA Holder
Sri. Janardhna
DEVELOPERS/CONFIRMING
PARTY
IDENTIFIED BY ME.
ADVOCATE
28
SCHEDULE -D
BYE – LAWS OF THE
RELIAABLE ACACIA APARTMENTS OWNERS
ASSOCIATION
Contents
Sl.
No
Heading
CHAPTER-I
01
Short Title and Application
02
Definitions
03
Submission to Apartment Ownership
04
Objects of the Association
05
Members of Association and share holding
06
Joint Apartment Owners
07
Disqualification
CHAPTER-II-A DMINISTRATION
08
Powers and duties of the Association
09
Place of meeting
10
General meeting
11
Special General Body Meeting
12
(1) Notice of meetings
29
(2) Notice of Meeting
13
Decision in the meeting
14
Order of Business
CHAPTER-III-VOTING AND QUORUM
15
Voting
16
Quorum
17
Vote to be cast in person
CHAPTER-IV-MANAGING COMMITTEE
18
Management of the Association
19
Election and term of office of members of Management Committee
20
Powers and duties of the Management Committee
21
Removal of the members of the Management Committee
22
Meeting of the Management Committee
23
Office Bearers
24
Periodicity and notices etc.,
25
Special meetings
26
Quorum
27
Fidelity Bonds
CHAPTER-V-OBLIGATIONS OF THE APARTMENT OWNERS
28
Meeting the expenses
29
Maintenance and repair
30
Use of apartment
31
Use of common areas and facilities
32
Right of entry
33
Code of conduct
CHAPTER-VI-FUNDS AND THEIR INVESTMENT
34
Funds
35
Investments
36
Accounts
30
37
Publication of Accounts and reports
38
Appointment of auditors
39
Power of auditor
CHAPTER-VII-NOTICE OF CHARGES
40
Notice of creation of charge
41
Notice of unpaid assessment
42
Notice
CHAPTER-VIII-AMENDMENTS TO BYE LAWS
43
Amendment of Bye-Laws
CHAPTER-IX-MISCELLANEOUS
44
Seal of the Association
45
Compliance
46
Honorarium
47
Litigation
48
Resolution of disputes
49
Finality
50
Indemnity
CHAPTER-X-ELECTION RULES
51
Election(to Management Committee)Rules
31
BYE – LAWS OF THE
RELIAABLE ACACIA APARTMENTS OWNERS ASSOCIATION
Chapter I
1. Short title and application –
(1) These Bye-Laws may be called the “Bye-Laws of the “RELIAABLE
ACACIA APARTMENTS OWNERS ASSOCIATION” (Postal
Address : ___________________________________________
________________________________________________________________
____________
_________________________________________________).
(2)
The provisions of these Bye-Laws apply to the RELIAABLE
ACACIA APARTMENTS as a whole and in particular, to all the
present or future Apartment Owners, tenants, or their employees,
or any other person, who might use the common areas and
facilities of the RELIAABLE ACACIA APARTMENTS in any
manner, shall be deemed to be regulated by these Bye-Laws.
Note: Mere acquisition or receipt of rent or taking on leave and license
or caretaker basis, any apartment or any part of RELIAABLE
ACACIA APARTMENTS or mere occupation of any apartment or
part of it, will be deemed to signify that these Bye-Laws are
accepted/ratified and will be complied with by such person.
2. Definitions –
(1) In these Bye-Laws, unless it is repugnant to the context or meaning
or requires otherwise,-
32
(a)
“Act” means, the Karnataka Apartment Ownership Act, 1972
(Act No. 17 of 73);
(b) “Apartment ‘owners’ means a person or persons in whose name
the apartment/property at “M/s.RELIAABLE ACACIA” has been
purchased from the builders/Owners, or has been acquired
subsequently, through transfers, duly supported by proper
documents
like
proof
of
purchase
from
the
Builders/Vendors/Owners registration of absolute sale deed/s
of the property/apartment or Will or probate or bequethment
from the deceased owner/s of the concerned apartment/s or
any other document legally acceptable for establishing
ownership of the concerned apartment under the appropriate
law. A unit can be represented in the managing committee by
the owner or his/her spouse and not by both and in case of
joint owners of an unit/apartment they can be represented by
one of them only and not by both in the managing committee
for voting in the General or Special meeting,
(c) “Association” means, the Association of all the Apartment Owners
constituted by such Apartment Owners for the maintenance
and upkeep of RELIAABLE ACACIA APARTMENT, formed in
accordance with the Deed of Declaration and these Bye-Laws,
being part of the Deed of Declaration.
(d) “building” means, the building/block situated in the piece and
parcel of residentially converted land being portion of Sy.No.34,
situated at Ibblur village, Begur Hobli, Bangalore South Taluk,
presently bearing single Katha No.338/334, issued by the City
Municipal Council, Bommanahalli, totally measuring 74,803
Sq. feet,, described in Composite schedule-A property.
(e) “Competent Authority” means, the Registrar;
(f) “Declaration” means, the Deed of Declaration which all the
Owners of the land, whereupon the RELIAABLE ACACIA
APARTMENTS is constructed, have executed and registered as
provided in section 2;
(g) “General Body” means, the body of all the Apartment Owners of
the RELIAABLE ACACIA APARTMENTS;
(h)
“limited common areas and facilities” means, the areas and
facilities, as enumerated/described in Schedule ‘C’ of the Deed
33
of Declaration along with the car parking slot and terrace, if
any, allotted to the respective apartment;
(i) “majority of Apartment Owners” means, the Apartment Owners
holding 51% of the current owners, present in the meeting for
voting, with a minimum floor presence of 18. If 51% results in a
fraction, the same will be rounded off to the next higher
number;
(k) “Managing Committee” means, the body of representatives of all
the Apartment Owners, consisting of not more than 18
(eighteen) Apartment Owners, duly elected/constituted in
accordance with these Bye-Laws;
(l)
“Registrar” means the Registrar, of Co-operative Societies
appointed under the Karnataka Co-operative Societies Act,
1959;
(m) “section” means, a section of the Act.
(n) Financial year means the financial year of the association which
begins on the 1st of April every year and ends on the 31st of
March of the succeeding year.
(2) The words, phrases and expressions used in these Bye-Laws, not
specifically defined but defined in the said Act or in the Karnataka
Ownership Flats (Regulation of Construction, Sale, Management
and Transfer) Act 1972 or the Rules framed there under shall be
having the meaning assigned therein.
(3) In these Bye-Laws, singular is inclusive of plural and gender is
inclusive of male and female, as required in the context in which it
is to be applied.
3. Submission to Apartment Ownership.
(1)
The
building,
defined
above,
“RELIAABLE
ACACIA
APARTMENTS” is, submitted to the provisions of the Act.
(2)
The affairs and management of “RELIAABLE ACACIA
APARTMENTS” shall be governed by the provisions of the Deed of
Declaration, these Bye-Laws and the said Acts.
34
(3) The object of the Deed of Declaration and these Bye-Laws is to
provide each apartment, an independent legal status capable of being
owned
and
dealt
with
by
the
concerned
Apartment
Owner
independently, separate from other apartments, for all the legal and
formal purposes or requirements;
PROVIDED that, such independent legal status of an apartment shall be
subject to the compliance with the requirements of these Bye-Laws,
execution of the Declaration as per section 5 of the Act by each
Apartment Owner and compliance with requirements of the said Act as
well as the Karnataka Ownership Flats (Regulation of Construction, Sale,
Management and Transfer) Act 1972 and the Rules framed thereunder.
(4) It is mandatory for all the Apartment Owners to file a separate
declaration as provided under section 5(2) of the Act.
4. Objects of the Association, (1) The objects of the Association shall be –
(a) to be and to act as the Association of all the Apartment Owners
of RELIAABLE ACACIA APARTMENTS, or who have been
deemed to be subjected to be regulated or accepted, ratified or
will be complying with these Bye-Laws;
(b) to collect, invest, deposit or expend monies in furtherance of the
objects of the Association; as well as accession of property as
approved by the General Body.
(c) to provide for regular maintenance, repair and replacement of
the common areas and facilities, by raising contributions from
the Apartment Owners or residents or otherwise;
(d) to retain or to let out or grant on leave and license, if required,
suitable portions of the common areas and facilities for any
commercial exploitation serving the Apartment Owners, and to
distribute the common profits amongst the Apartment Owners
or accumulate the same for building up Reserve Fund;
(e) to provide for and to do all or any of the matters provided in
sub-section (2) of section 16 of the Act;
35
(f) to tender advise, guide, assist or train any person regarding the
implementation of any of the provisions of these Bye-Laws or
any matter relating to community living;
(g) to establish and to carry on by itself or through any outside
agency or jointly with any individual or institution, educational,
managerial, financial, social and recreative activities for the
benefit of the Apartment Owners;
(h) to frame, schemes or such other set of regulations, with the
approval of the General Body, and after consulting the
Competent Authority, to establish a Provident Fund and/or
Gratuity Fund, if necessary, for the benefit of the regular
employees of the Association;
(i) to form or constitute any committee or sub–committees,
consisting of Members of the Managing Committee exclusively
or of Members of the Managing Committee and any Apartment
Owner/s or exclusively of Apartment Owners, as the Managing
Committee deems fit, for the purpose of managing,
administering or supervising or for any such purpose, as the
Managing committee deems fit, in the interest of the Apartment
Owners;
(j) to frame necessary regulations or schemes or set of
instructions, for the purpose of administration/management of
the affairs of the RELIAABLE ACACIA APARTMENTS, with the
approval of the General Body.
(k) to incur any expenditure in creation or augmentation or
improvement of common areas and facilities for the benefit of
the Apartment Owners;
(l) to retain or let-out or give on leave and license basis any portion
of the common areas, without causing any nuisance to any
Apartment Owner or resident, for any social, religious, cultural
and recreational purposes as per the regulations framed by the
Association, or subject to such terms and conditions as the
Managing Committee deems fit;
(m)to take up construction of any structure in the common areas
and facilities, if found necessary, for the benefit of the
Apartment Owners and to establish and maintain any service
by engaging appropriate service providers and to collect
necessary contribution from the respective Apartment Owner or
36
the resident or from all the Apartment Owners/residents, if
necessary, in respect of such matters;
(n) to do all acts, deeds and things necessary or incidental to the
attainment of any or all 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.
5. Members of Association and Share Holding, (1) Any person, who acquires an apartment in the RELIAABLE ACACIA
APARTMENTS, shall automatically become a member of the
Association and shall pay one rupee as entrance fees and shall
also purchase/hold at least one share of the face value of Rs.100/towards the corpus of the Association, which is non-refundable.
(2)
All the Apartment Owners for the time being, and at all times,
constitute the General Body of the Association.
(3) Each Apartment Owner is entitled to have an authenticated copy of
these Bye-Laws on payment of Rs. 100/- being the cost of
printing/authenticating of such copy.
(4) Upon any Apartment Owner, selling his apartment or absolutely
conveying the same by way of gift or bequeath or otherwise, the
respective purchaser or the donee, as the case may be, shall
automatically become a Member of the Association and shall be
admitted as a Member on payment of the entrance fee of Re. 1 and
the share/s held by the seller or the donor of such apartment shall
be transferred in the name of such purchaser or the donee, as the
case may be. Such transfer shall be deemed to transfer of entire
right title and interest held by such transferor in the RELIAABLE
ACACIA APARTMENTS or in the Association. Consequently, such
transferor shall cease to be a member of the Association from the
date of such transfer and shall have no right or claim or interest in
the Association from such date and no claim against the
Association by such transferor shall lie.
PROVIDED that, any right, title or interest or portion thereof or part
thereof remains expressly/specifically not so transferred to the transferee
under such transfer, such right title or interest or portion thereof or part
thereof shall be deemed to have accrued to the Association and the same
shall be included in the common areas and facilities of RELIAABLE
ACACIA APARTMENTS.
37
(5) On the death of an Apartment Owner, his apartment shall be
transferred to the person/s to whom it is bequeathed, by his WILL or
in the absence of such specific bequeath, to the heirs or legal
representatives of his estate on production of the necessary
documents by the heirs or legal representatives to the satisfaction of
the Managing Committee. The name of such successor shall be
substituted in the records of the Association appropriately. Where, a
legatee is a minor, the Apartment Owner shall be entitled to appoint
a guardian of such minor.
6. Joint Apartment Owners, Where, an Apartment has been acquired/owned by two or more
persons jointly, they shall be jointly entitled to the apartment and
the share of the Association shall be issued in their joint names; but
the person whose name stands first in the Share Certificate shall
alone have the right to vote, and in his absence the second and
successive persons, in order of priority, may exercise vote, subject to
the condition, that such proposed exercise is notified to the
Association well in advance.
7. Disqualifications, No Apartment Owner shall be entitled to be or continue to be a
member of the Managing Committee or to vote in the election of
members of the Managing Committee or contest as a candidate in
such election, if such Apartment Owner fails to execute Declaration
in Form B, provided u/s 5 of the Act or is in arrears in respect of his
contributions for common expenses to the Association for more than
90 (ninety) days or is an un-discharged, insolvent or an adjudicated
insane or a minor (except through his guardian) or convicted for an
offence punishable for a period of over 3 (three) months, until the
expiry of 3 (three) years form the date of discharge.
Chapter II
ADMINISTRATION
8. Powers and duties of the Association, The Association will have the responsibility of managing and
administering the RELIAABLE ACACIA APARTMENTS, in accordance
with these bye-laws, rules or regulations or resolutions of the
Association and to carry out/implement/execute all things, acts and
deeds as decided or directed by the General Body, from time to time.
9. Place of Meeting, -
38
General Body meeting of the Association shall be held at suitable
place, date and time, convenient to the Apartment Owners as may
be, decided by the Managing Committee.
10. General Meeting, The first General Body Meeting of the Association shall be held
within three months (a date notified by the M.C) from the date of
constitution of the Provisional Managing Committee as provided
under the Deed of Declaration. The duly elected candidates shall be
appointed as the members of the Managing Committee in the said
meeting. Thereafter, the Annual General Body Meeting of the
Association shall be held within a month from the date of receipt of
audited balance sheet of the account of the Association or in or
around the month of July, of each successive year, on a date
specifically notified by the Managing Committee. At such meetings,
the Apartment Owners may, transact such business of the
Association, as may be brought before them.
11. Special General Body Meeting, (1)
It shall be the duty of the President to call a Special General
Body meeting as directed by a resolution of the Managing
Committee or the General Body or upon a petition/letter signed
by a majority of the Apartment Owners requesting for the same.
(2) The proceedings of the meeting of the General Body shall be
circulated by the Secretary to all the Apartment Owners with in
21(twenty-one) days from such meeting.
12. (1) Notice of Meetings, It shall be the duty of the Secretary to mail or send to each
Apartment Owner, a notice of each Annual or Special General Body
meeting, stating the purpose thereof, as well as the date, time and
place, where it is proposed to be held so as to reach the Apartment
Owner atleast 14 (Fourteen) days prior to such meeting. The mailing
or delivering or posting the notice to the concerned Apartment and
displaying on the notice board of the association shall be deemed to
be sufficient service of notice. Notices of such meetings shall also be
sent to the Registrar.
(2) Adjourned Meeting, -
39
If any meeting of the Association cannot be proceeded with for want
of quorum, the meeting may be adjourned to a time not less than
one hour from the time the original meeting was scheduled, at the
same place. If, at such adjourned meeting, no quorum is present,
the Apartment Owners present in person, shall be deemed to form
the quorum and the business of the scheduled meeting may be
proceeded with, as if there is Quorum.
13. Decisions in the Meeting,(1) All the decisions of the General Body meeting or that of the
Managing Committee or that of any committee specially appointed in
terms of these Bye-Laws shall be arrived at, after due deliberation and
unanimously.
(2) Where any issue, after due deliberation in the meeting cannot be
unanimously decided, such issues shall be decided by majority of
the votes cast in accordance with the provisions of these ByeLaws.
(3)
Where, opinion or the vote in respect of any issue, after due
deliberation in the meeting is equally divided, the Presiding
Officer may, cast his additional vote and arrive at the decision by
majority.
(4) All the decisions taken in any meeting shall be reduced in the
form of resolution, precisely depicting the decision.
(5) The decisions arrived at, in-accordance with the above procedure
in any meeting, shall be binding on all the Apartment Owners
and also the residents, irrespective of whether, any Apartment
Owner raised objections to such decision or opposed such
decision in the respective meeting.
(6) A separate register in respect of each category of meetings shall
be maintained by the Secretary and each resolution shall be
distinctly recorded, signed by the Secretary and the President in
such register and preserve it permanently.
(7) A copy of any resolution duly authenticated by the authorized
person of the Managing Committee is the proof of such
resolution.
14. Order of Business, -
40
(1) The order of business at all meetings shall be in accordance with
the agenda/notice of meeting.
(2) Minutes of the meetings shall be circulated to all the Apartment
Owners within 21 (twenty-one) days from such meeting.
Chapter III
VOTING AND QUORUM
15. Voting , For the purpose of election of the Managing Committee member or
for deciding any issue/matter put forward in the General Body
meeting, each Apartment Owner shall have the number of votes
assigned to each apartment worked out approximately on the basis
of percentage of interest owned, as contained in Schedule C to the
Deed of Declaration. Voting shall be by show of hands or ballot as
the situation demands.
16. Quorum , Except, as otherwise provided in these Bye-Laws, the presence in
person of ______ Apartment Owners or such number of Apartment
Owners, the aggregate votes of whom is not less than 1/4th of the
total number of votes, shall constitute a quorum for the General
Body meeting.
17. Vote to be cast in person , Vote shall be cast in person by the Apartment Owner.
Chapter IV
MANAGING COMMITTEE
18. Management of the Association, (1) The administration of all the affairs and the entire management
of the Association, vests exclusively in the General Body and the
same will be conducted, executed, administered and managed
through the Managing Committee, represented by the elected or
selected members of all the Apartment Owners, in-accordance
with these Bye-Laws.
(2) The General Body may, from time to time, issue directions or
guidelines to the Managing Committee in respect of any matter or
issue pertaining to the administration and management of the
Association. Such directions or guidelines are binding on the
41
Managing Committee and the Managing Committee, if so
required, report back to the General Body regarding the
implementation of such directions or guidelines.
19. Election and term of office of Members of the Managing
Committee,
(1) Constitution of the Provisional Managing Committee;
The first Managing Committee shall be provisionally constituted
by the Declarants/Builders namely, M/s.Reliaable Acacia and
M/s Ansu Builders within Sixty days from the date handing over
the substantial number of completed apartments to the
respective owners or within 18 (eighteen) months from the date of
registration of this Deed of Declaration, whichever is earlier and
hand over the management of the Apartments/project to the
Association forthwith.
(2) The Apartment Owners, present in the first Special General Body
meeting, as contemplated above, shall appoint 18 (eighteen)
Apartment Owners, duly elected in accordance with the Election
Rules, as the members of the Managing Committee.
(3) At the first Special General Body Meeting, the term of office of
6(six) Members of the Managing Committee shall be fixed for a
period of 3(three) years; the term of office of another set of 6(six)
Members of Managing Committee shall be fixed for 2(two) years
and the term of office of the remaining 6(six) Members of
Managing Committee shall be fixed for one year.
(4) At the expiration of the respective period fixed in the first Special
General Body Meeting, the respective Member of the Managing
Committee shall retire and an equal number of Apartment
Owners will be elected and appointed for a period of 3(three)
years.
(5) The Managing Committee members so appointed, however, shall
hold office until their successors have been elected and appointed
in accordance with these Bye-Laws.
(6)
The vacancies caused in the Managing Committee every
year, by way of periodical retirement, shall be filled by the
Apartment Owners in accordance with the Election Rules of these
Bye-Laws.
PROVIDED that temporary vacancies in the Managing Committee caused
by any reason, other than the removal of a Member by the Association as
42
provided hereunder, shall be filled by vote of the majority of the
remaining members of the Managing Committee, even though they may
constitute less than a quorum and each such Member shall hold office
only upto the expiry of the period upto which, the previous incumbent
would have continued.
(7) No transaction or business or acts, deeds or things carried on by
the
Managing Committee shall be invalidated for the reason of
any subsequent
discovery of any error, either in the process of
election of members of the
Managing Committee or in the
constitution of the Managing Committee,
unless the Apartment
Owners resolve otherwise, in any Special General Body meeting.
20. Powers and duties of the Managing Committee,(1) The Managing Committee shall have all the powers and duties
necessary for the administration of all the affairs of the
Association, and may do all such acts, deeds and things as are
required, permitted and expected to be done or performed by the
Apartment Owners, under these Bye-Laws or under any other law
for the time being in force.
(2) Without prejudice to the generality of the powers and duties of
the Managing Committee stated in the preceding subparagraphs, the Managing Committee shall also do all acts, deeds
and things, as required under the resolution of the Association
and the Managing Committee shall be responsible for the
following :(a) calling the Managing Committee meeting and the General Body
meeting with appropriate agenda, from time to time;
(b) carry out regular maintenance of the RELIAABLE ACACIA
APARTMENTS;
(c) manage the up-keep, surveillance of the building /apartments,
including common areas and facilities and limited areas and
facilities and protect the RELIAABLE ACACIA APARTMENTS as
a whole;
(d) to prepare and present proper budget for the maintenance and
up-keep of RELIAABLE ACACIA APARTMENTS and get the
approval of the General Body;
(e)
fixing/deciding maintenance charges and collection thereof
periodically;
43
(f) operating the bank accounts as per these Bye-Laws and or in
accordance with the special procedure approved by the General
Body;
(g) appointing proper personnel for the purpose of carrying out
the objects of the Association, including providing service
conditions of such employees with the approval of the General
Body;
(h) inviting any expert or any specialist in any particular field in
order to fulfill one or more of the objectives of the Association
and deliberate with them, which fact shall be notified to the
General Body, either separately or in consolidation;
(i) expelling any member of the Managing Committee in case such
Member incurs any disability to be a member of the Managing
Committee as provided in these Bye-Laws;
(j)
admission of new member to the Association, in accordance
with these Bye-Laws;
(k) maintaining proper books of accounts as required by law,
custom or usage or as directed by the General Body in respect
of all or any act, deed or thing carried on from time to time;
(l) entering into necessary agreements/contracts with appropriate
person or body for providing any service or facility including
general maintenance, security, maintenance of lift, generators,
water supply, telephone, intercom, cable network, housekeeping and gardening etc., in keeping with the aims and
objects of the Association;
(m) conducting annual General Body meeting, special General Body
meeting and such other meeting in appropriate manner, in
accordance with these Bye-Laws;
(n) accepting from any person, any grant, donation, propertiesmovable or immovable, in furtherance of the objective of the
Association;
(o) considering proposals for making or amending any scheme or
regulations or resolutions and to recommend them for approval
of the General Body;
44
(p) up-dating proper records relating to the property of the
RELIAABLE ACACIA APARTMENTS in relation to various
Authorities like KPTCL, BWSSB etc., and to take necessary
steps, from time to time in that regard;
(q) safe-keeping all the important papers, documents, drawings,
plans, approvals, securities, valuables etc., of the Association
and make them available for inspection by any Apartment
Owner or any person authorized under any law for the time
being in force to do so;
(r)
regulating any structural modifications by any Apartment
Owner, so as to protect the interest of all the Apartment Owners
of RELIAABLE ACACIA APARTMENTS; and,
(s) to appoint any committee, sub-committee for dealing with any
issues/matters or work/act/deed, as the Managing Committee
deems fit from time to time, for achieving any of the objects of
the Association.
(t)
to do all acts, deeds and things, necessary or incidental to
promote the objects of the Association and if necessary, to take
any emergent actions as it deems fit for the aforesaid purpose;
21. Removal of Members of the Managing Committee, At any Special General Body Meeting, duly called for that purpose,
any Member of the Managing Committee may be removed with or
without assigning any specific reason for the same, by a majority of
the Apartment Owners and a successor may then and there be
nominated to fill the vacancy thus created. And such nominated
member shall hold office until the expiry of the period for which
vacancy he was so nominated. However, any Member of the
Managing Committee, whose removal has been proposed by the
Apartment Owners, shall be given an opportunity to be heard at
such meeting before his removal.
22
Meeting of the Managing Committee ,(1) The provisional Managing Committee shall hold its meetings at the
earliest and take appropriate and all necessary steps for calling of
the first Special General Body meeting and also for election of
Members to the Managing committee in accordance with these
Bye-Laws and handover the entire affairs of the Association to the
newly elected Managing Committee at the earliest, and at any rate
before the expiry of the period contemplated in paragraph 10
45
herein before, the Members of the provisional Managing committee
shall be free from any right or obligation in respect of any matter
pertaining to the Association.
(2) The first meeting of the newly elected and appointed Managing
Committee shall be held within 10(ten) days of such appointment,
at such place, as shall be fixed by the members of the Managing
Committee at the meeting at which such members were appointed
and no separate notice shall be necessary for such meeting.
(3) The order of business in the said meeting of the Managing
Committee, as far as possible, shall be as follows:(a) nomination/election of one of the Members of the Managing
Committee to preside over the meeting.
(b) calling the meeting to order by the President.
(c) election of a President, a Vice – President, a Secretary, a Joint –
Secretary, a Treasurer and a Joint – Treasurer from amongst the
members of the Managing Committee if necessary, by majority of
the members of the Managing Committee present and vote. The
office bearers so elected, shall hold office for a period of one year
or until their successors are appointed, in accordance with these
Bye-Laws;
(d) the further proceedings of the meeting shall be presided over by
the elected President or in his absence, by the Vice – President,
or in the absence of both, by such office bearer
nominated/elected by the members of the Managing Committee
present. The meeting shall further proceed to transact the
business, scheduled for such meeting or any other business with
the permission of the President.
(4) For the purpose of the conduct of business of the Managing
Committee, member of the Managing Committee shall have one
vote each, irrespective of his entitlement to vote differently in the
General Body meeting.
(5) The decision of the majority of the members of the Managing
Committee, present in the meeting, shall constitute the decision of
the Managing Committee in relation/issue/subject, dealt
with/deliberated in the meeting of the Managing Committee.
PROVIDED that, where opinion of the Members of the Managing
Committee, in respect of any matter or issue is equally divided, the
46
President or the Presiding Officer, as the case may be, may cast an
additional vote to enable to resolve such issue or matter.
(6) The decision of the Managing Committee in respect of any matter
or issue shall be final and binding on all the Apartment Owners
and residents of RELIAABLE ACACIA APARTMENTS, unless and
until such decision, is varied subsequently, either by the Managing
Committee or by the General Body.
(7) A copy of a resolution passed by the Managing Committee, duly
authenticated by the authorized person of the Managing
Committee, is the conclusive proof of the existence of such
resolution.
(8) Minutes of the Managing Committee meetings shall be circulated
to all the Members of the Managing Committee by the Secretary
within 15 (fifteen) days from the date of such meeting.
23. Office Bearers, (1) The President:
The President shall be the Chief Executive Officer of the
Association and the absolute control and regulation of all the
affairs of the Association vest in him. He shall preside over, at all
meetings of the Association and the Managing Committee.
Subject to the provisions of these Bye-Laws, the President shall
have powers to appoint committees from among the Members of
the Managing Committee or the Apartment Owners or in
combination of both, from time to time, as he deems fit, to assist
him or the Managing Committee, as the case may be, in the
conduct / business of the Association in most appropriate
manner beneficial to the Association.
(2) Vice - President :
The Vice – President, shall assume the place of the President and
perform his duties, whenever the President is absent or unable to
act. The Vice – President shall also perform such other duties, as
specified by the Managing Committee from time to time.
(3) Secretaries :
The Secretary, and in his absence, the Joint – Secretary, shall
maintain the minutes of all the meetings of the Managing
Committee and the General Body; he shall have charge of such
books and papers as the Managing Committee may specify and
47
shall, in general, perform, all duties necessary and incidental to
the office of the Secretary.
(4) Treasurer :
The Treasurer shall be custodian of all the funds and the valuable
securities of the Association and shall also be responsible for
keeping full and accurate accounts of all receipts of money and
disbursements in the appropriate books maintained by the
Association, regularly. He shall be responsible for collection of all
the dues to the Association, including the periodical assessment
of maintenance charges from the Apartment Owners/residents
and for the deposit of all monies and valuable effects / securities
in the name and to the credit of the Association with such banks
or depositories, as may be designated by the Managing
Committee, from time to time. The Joint – Treasurer is required
to assist the Treasurer in his discharge of duties as Treasurer
and in the absence of the Treasurer or when the Treasurer is
unable to act, officiate, function and discharge the duties of
Treasurer.
(5) Managing Committee Members :
The Managing Committee shall comprise of six office bearers
stated above and eight committee members.
24. Periodicity and notice etc., The Managing Committee shall meet at such date, time and place, as
may be determined, from time to time, by a majority of Members of
the Managing Committee, but atleast once a months. Notice of such
meetings of the Managing Committee shall be sent to each Member
of the Managing Committee, atleast 3 (three) days prior to the day of
the scheduled meeting.
PROVIDED that, in emergent situation the President, or in his absence
the Secretary or any Member of the Managing Committee, by circulating
a notice to all the Members of the Managing Committee on the relevant
subject and the urgent decisions to be taken to protect the interest of the
Association, may obtain the consent or views of each Member and the
decision of the Majority shall be adopted on such emergent issue and
acted accordingly, subject to ratification of the same in the next meeting.
25. Special Meetings , -
48
Special Meeting of the Managing Committee may be called by the
President with one day’s notice to each Member of the Managing
committee, at such place, time and date as specified in the notice for
transacting any business of the Managing Committee. However, the
President or the Secretary shall call the special Meeting in the like
manner, with the like notice, on the written request of at least 5
(five) Members of the Managing Committee.
26. Quorum , 7 (seven) Members of the Managing Committee shall constitute the
quorum for the meeting of the Managing Committee.
PROVIDED that, if at any meeting of the Managing Committee, there be
want of quorum, the business of such meeting, may be adjourned to be
held at such other time, date and place, without any further notice and
the Members of the Managing Committee present during such adjourned
meeting, as if the required quorum is present. The majority decision
taken in such meeting shall be deemed to be the decision of the
Managing Committee.
27. Fidelity Bonds , The Managing Committee may, require that all or any officer or
employee of the Association or any other person handling or
responsible for funds or any money of the Association, to furnish
adequate Fidelity Bond.
Chapter V
OBLIGATIONS OF THE APARTMENT OWNERS
28. Meeting the Expenses, (1) All the Apartment Owners are obliged to pay the periodical
assessment fixed, from time to time, by the Managing Committee
or the General Body, as the case may be, to meet the expenses
relating to the RELIAABLE ACACIA APARTMENTS, which may
include payment of insurance premium for a policy to cover repair
and reconstruction work in case of fire, earthquake, hurricane or
other hazards or calamities. The assessment shall be made on prorata, according to the percentage of the value of the Apartment
owned as stipulated or the area of the apartment in the Deed of
Declaration as decided by the General Body. Such assessment
shall also include remittance to General Operating Reserve and a
Reserve Fund for re-construction or replacements. All payments
need to be made by local cheques (Bangalore Branch). In the event
49
of outstation cheques, the clearing amount charged by the bank
will be borne by the owner(s)/resident(s) who have furnished such
cheques.
PROVIDED that, the General Body, may specify or classify certain items
of expenditure, not to be included for the purpose of pro-rata calculation
but the same should be calculated per Apartment Owner basis.
(2) Any Apartment Owner, who fails to pay for a period of 1(one)
months from the due date any payment due to the Association shall be
deemed to be a defaulter and shall not be entitled to stand for election to
the Managing Committee or to continue to be the member of the
Managing Committee or to vote in any proceeding of the Association,
until such dues are cleared.
(3) Non-payment of any dues to the Association for 1 (one) month or
more shall constitute just and sufficient reason, in terms of the
Regulation of the Promotion of Construction, sale, Management and
Transfer Rules 1972 and the Association shall be within its right to deny
the use of or all any facilities and services, including the supply of water,
and denial of any other facilities available for such Apartment Owner or
resident, as the case may be, apart from deducting such dues from the
security deposit, if any, made by such Apartment Owner and such
defaulter will be liable to pay an interest @2% per month from the date of
accrual of such outstanding amount until the arrears are cleared to the
satisfaction of the management committee..
PROVIDED that, before taking any such action a notice of not less than
15 (fifteen) days should be effected to such Apartment Owner or the
resident, as the case may be.
29. Maintenance and repair, (1)
Every Apartment Owner must perform/effect promptly, all
maintenance and repair work within his own apartment, which if
unattended, would adversely affect the RELIAABLE ACACIA
APARTMENTS in entirety or in part or any other apartment and
shall be responsible for the damages and liabilities that his failure
to do so, may endanger, at the expenses of the respective
Apartment Owner.
(2) An Apartment Owner, shall reimburse the Association with any
expenditure incurred in repairing or replacing any limited common
areas and facilities, if the concerned Apartment Owner fails to
carryout such repairs or replacement within reasonable time after
notice given by the Association or any other affected person.
50
30. Use of the apartment, (1)
All the apartments shall be utilized for residential purposes only
and/as described in the Schedule C.
PROVIDED that, with the prior approval of the General Body any
apartment or part of an apartment may be used for semi residential
purpose, for the benefit of the Apartment Owners, subject to such terms
and conditions, as the General Body may impose.
(2) An Apartment Owner shall not make any structural alteration in
his apartment or installations located therein, without prior notice
to the Association in writing. The Association shall have the
obligation to answer such notices within 15 (fifteen) days of receipt
of it and failure to do so, within the said period, shall be deemed
that there is no objection to the proposed modification, alteration
or installation.
31. Use of Common Areas and Facilities,(1)
No Apartment Owner or resident of
APARTMENTS shall place or cause to be
packages or any material in the lobbies,
elevators or in any other common areas
RELIAABLE ACACIA APARTMENTS;
RELIAABLE ACACIA
placed any furniture,
vestibules, stairways,
and facilities of the
(2) Required number of elevators have been provided in the building,
which is meant for the transportation of the Apartment Owners,
their family members and their guests as well as for freight service
or auxiliary purposes. The Apartment Owners and the residents
should ensure that the lifts are not miss-utilized.
32. Right of entry, (1) An Apartment Owner shall grant entry to any person authorized by
the Managing Committee, in case of any emergency originating in
or threatening his apartment, irrespective of whether the
Apartment Owner is present at that time or not.
(2) An Apartment Owner shall permit any other Apartment owner or
his representative, when so required entering his apartment for the
purpose of performing installations, alterations or repairs:
PROVIDED that, request for such entry is made in advance and such
entry is scheduled to take place at time convenient to the Apartment
51
Owner. However, in case of an emergency, such right of entry shall be
imminent and be allowed.
33. Code of Conduct, (I) Every Apartment Owner and every resident of RELIAABLE ACACIA
APARTMENTS shall:1) abide by these Bye-Laws and follow all instructions of the General
Body or the Managing Committee meticulously;
2) make his best endure to practice and follow the concept of
community living by discharging his own duties and obligations
and honouring the rights and liberties of all other residents of
RELIAABLE ACACIA APARTMENTS;
3) ensure that the building and the common areas are kept clean
and tidy in all respects and that garbage or trash is thrown only
in the disposal installations provided for such purposes;
4) ensure that the staff employed by him bear a good character and
shall be responsible for their good behavior and actions while in
service;
5)
maintain dignity and ensure family members, friends and
relatives and visitors on their visit maintain dignified behavior
and carry good-will and sweet memory of RELIAABLE ACACIA
APARTMENTS;
6) ensure that his children play only at specified place allotted, if
any, by the Association;
7) exercise due care while using the musical instruments, radios,
television etc., that may disturb other residents;
8) ensure that the lift is not over crowded with more than the
specified number of persons and use the lifts in such a manner,
as not to damage them and if any heavy luggage requires to be
lifted in the lift, the security personnel should be informed before
such use, so that break-down of the lift and the inconvenience
can be taken care off;
9) furnish relevant particulars of any person other than the owners
and owner’s family in occupation of his apartment, as may be
required by the Association;
52
10) use the common area and facilities with due care and caution so
that sentiments or feelings of any other resident is not disturbed;
11) pay levy’s/charges/contributions regularly as decided by the
Association towards the maintenance charges, sinking funds etc.,
12) take all reasonable care and cautions to ensure that a lessee or
the mortgagee, if any, of his apartment uses the apartment only
for bonafide residential purpose and not for any commercial or
illegal or unlawful or dangerous or hazardous purposes;
13)obtain prior permission of the Managing Committee for any
additions/alterations inside the apartments;
14) park the vehicles only in the allotted slots.
15)
ensure
compliance
with
the
requirements
of
the
Corporation/Sanitary laws in respect of any pet maintained in
the apartment and also ensure that such pet does not cause
nuisance or harm or disturbance whatsoever, to other residents
and also ensure that such pet does not urinate or excrete or
vomit in the lifts/staircase or any common area and facility and
that such a pet is always kept in the control of such person or
any person on his behalf; Violation of any of these, might attract
appropriate direction from the Association;
16) ensure that no one or a few of the Apartment Owners or
residents enjoy any exclusive right in or over any common area
and facilities;
17) pay property taxes or any other taxes/levy’s levied by Municipal
Corporation or any local authority or government, from time to
time, in respect of the apartment owned by him;
18) obtain No Objection Certificate (NOC) in respect of the dues to
the Association before any sale, lease or transfer or vacation of
any apartment and inform the Managing Committee about such
transfer;
19) ensure that damage, breakage to window-panes, parked cars
etc., by the wards during their play is rectified or compensated by
the concerned resident, whose wards caused such damages;
20) be diligent and maintain dignity and try one’s best in
establishing most cordial and friendly relationship with the
53
inmates of RELIAABLE ACACIA APARTMENTS and derive the
best benefits of community living;
21)
No member shall lease, letout or permit the parking space
allotted to him/her to an outsider. However, with prior written
approval of the managing committee the parking space may be
let out to an in of RELIAABLE ACACIA.
22)
The vehicle owners who have allotted car parking spaces
shall park their vehicles only with in the parking space so llotted
to them.
23)
Switch off the lights and inform security after using the
Gymnasium, Table Tennis room or Billiards room.
II) No Apartment Owner or resident of RELIAABLE ACACIA
APARTMENTS shall:1) post/paste/display any advertisement or posters of any kind in or
on the buildings/blocks or in the common areas and facilities,
without the prior permission of the Association;
2) hang garments, rugs, linen etc., through the windows/balconies
or other facades of his apartment, or dust any such material on
the exterior part of any apartment;
3) throw garbage or trash outside the disposal installations;
4) install any gadget or wiring or installations on the exteriors of his
own apartment or that protrude through the walls or the roof of
his apartment or in or in to any common areas and facilities,
except with the prior approval of the Association;
5) play or allow his wards or other member of the family, the game
of Cricket, Hockey, Foot ball, Base ball, Arrow games, Shooting or
such other games, which are, in the opinion of the Managing
Committee, it is inherent in such games or such games are likely
to cause loss or injury to any resident or property or windowpanes, cars and other vehicles parked in the premises or to any
common areas and facilities.
6) carry any alteration to the exterior of his apartment or the limited
common areas or facilities without the permission of the
Association;
54
7) park or keep any vehicle in dangerous or decaying condition in
any part of the RELIAABLE ACACIA APARTMENTS or park in no
parking area or on the main service road or in the common areas;
8) throw or put cotton pads/napkins or any such similar material in
or in to the drainage, such material should be disposed off
through garbage bags only;
9) keep plants/pots/vases on parapet or balcony of the apartment or
in common areas;
10) erect shamiyanas or any other barricades or construction in the
common areas and facilities without prior permission of the
Association;
11) engage/employ/deploy any employee of the Association or
maintenance staff for doing private work;
12) smoke or drink in common area including club house.
13) Keep garbage bag outside the apartment for pickup.
14) Bring food items inside Gymnasium, Table Tennis room and
Billiards room.
III) Each Apartment Owner/resident and members of their family
should ensure compliance with these Code of Conducts strictly
and ensure that their relatives or visitors or employees do not
violate any of these Code of Conducts. Violation of any of this Code
of Conducts may attract appropriate direction or order or action,
as the Association deems fit.
Chapter VI
FUNDS AND THEIR INVESTMENT
34. Funds , (1) Funds may be raised by the Association, in any or all of the
following ways, namely:(a) by way of admission fees and shares;
(b) by way of contributions and donations;
(c) from common profits;
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(d)
by collection of maintenance charges from the Apartment
Owners and residents;
(e) by raising loans, for any specific purpose, if necessary, with
the approval of the General Body,
(f) lease/leave and license charges for the use of any of the
common area
(2) The funds raised under sub – clauses (a), (b) and (c) of clause (1),
shall be remitted to the Reserve Fund of the RELIAABLE ACACIA
APARTMENTS exclusively or deployed for the specific purpose for
which it is contributed / donated.
(3) The funds raised under sub–clause (d) or sub-clause (f) of clause (1)
shall constitute the Common Fund for general maintenance /
management of the RELIAABLE ACACIA APARTMENTS.
(4) The funds raised by way of loans under sub – clause (e) of clause
(1) shall be utilized only for the specific purpose, for which the loan
was raised.
(5) The Managing Committee shall maintain separate accounts in
respect of each such fund.
35. Investments , The Association may, invest its Reserve Fund or any money, which
is not required for immediate use, in one or more of the following:(a)
in any bank or banks, as determined by the Managing
Committee;
(b)
in any of the securities, specified in section 20 of the Indian
Trusts Act, 1882.
(c) in Post Office.
(d) in any other accounts or securities, as the Managing Committee,
with the approval of the General Body, deems fit.
36. Accounts , (1) Separate accounts in the bank shall be opened in respect of each
of the funds mentioned in paragraph 34 above into which the
monies received by or on behalf of the Association shall be
remitted.
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PROVIDED that, the Treasurer may retain in his personal custody any
amount specified by the Managing Committee, not exceeding Rs.5,000/for meeting petty expenses. All the payments exceeding Rs.1,000/- shall
be made by way of cheque.
(2) The Association shall, publish an audited Annual Financial
Statement covering upto the end of the previous financial year (i.e.
31st March)on or around 30th June in each year, in respect of the
common areas and facilities containing –
(a) the receipt and expenditure of the previous financial year;
(b) a summary of the properties and assets and liabilities of the
common areas and facilities of the Association, giving such
particulars, as will disclose the general nature of the liabilities
and assets and the value of the assets; and
(c) any other information the Managing Committed deems fit or as
required by the Association
(3) The audited financial statement shall be open to inspection by any
Apartment Owner during the office hours and in the office of the
Association and also a copy thereof shall be submitted to the
Competent Authority on or before 31st August every year, or within
fifteen days from the date of receipt of the report of the audit of
accounts, whichever is later.
37. Publication of Accounts and Reports , A copy of the last financial statement and a report of the auditor, if
any, shall be displayed in a conspicuous place in the office of the
Association.
38. Appointment of Auditors , (1) The Association shall appoint, at its Annual General Body meeting,
a duly qualified Chartered Accountant as the Auditor, who shall
audit the accounts of the Association, to be prepared by the
Managing Committee, as herein-before stated and shall examine
the Annual Report and verify the same with the accounts relating
thereto and shall either sign the same as found by him to be
correct, duly vouched in accordance with law or report to the
Association in what respect he finds it incorrect, un-vouched or
not in accordance with law.
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Such Auditor shall be entitled to such fees, reimbursement of
expenditure or
remuneration, as the General Body may, decide.
(2) The Managing Committee may, also appoint an internal Auditor
from amongst the Apartment Owners to conduct the internal audit,
who may be entitled to have such payment or reimbursement of
expenditure, as the Managing Committee may decide.
39. Power of Auditor , The Auditor shall be entitled to call for and examine any papers or
documents belonging to the Association relating to the common
areas and facilities, including limited common areas and facilities
and common expenses and make a special report to the Association
upon any matter connected with the accounts which appears to him
to require notice of, in addition to submitting the regular Audit
Report.
Chapter VII
NOTICE OF CHARGES
40. Notice of creation of charge, An Apartment Owner, who mortgages his apartment or creates any
charge thereon, shall within 30 days from such creation of charge or
mortgage, notify the Association, the name and address of his
mortgagee and the Association shall, maintain such information in a
book titled “Charges on Apartment”. Apart from maintaining such a
register, the Association shall not incur any liability or obligation to
any one whosoever.
41. Notice of unpaid assessment, The Association shall, on request, by any Apartment Owner, furnish
information about the unpaid assessment due from the respective
Apartment Owner.
42. Notice , (1)
Any notice, receivable by the Association may be handed over
personally to the Secretary or any other person authorized in this
behalf or may be sent by post or otherwise, so as to reach the
Secretary. Without proper acknowledgement, no notice shall be
recognized by the Association as due notice.
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(2) Any notice, receivable by any Apartment Owner or any resident of
the RELIAABLE ACACIA APARTMENTS, by the Association, may be
tendered personally, after obtaining acknowledgement thereof to
the concerned Apartment Owner or the resident, as the case may
be, or sent by post under certificate of posting to the last known
address of such Apartment Owner or the resident, as the case may
be.
Chapter VIII
AMENDMENTS TO BYE-LAWS
43. Amendment of Bye-Laws, (1) These Bye-Laws, may be amended by the Association, by passing a
resolution in a meeting called specially for such purpose and
approved, in accordance with these Bye-Laws, by “majority of
apartment owners”.
(2)
No amendment to Bye-Laws shall take effect unless and until it is
duly registered.
(3)
A copy of the duly amended Bye-Laws shall be sent to the
Competent Authority after the same is registered under the
Registration Act, 1908.
Chapter IX
MISCELLANEOUS
44. Seal of the Association, The Association shall have a common seal, which shall be in the
custody of the Secretary and shall be used only under the authority
of a resolution of the Managing Committee and every indenture to
which the seal is affixed shall be attested for and on behalf of the
Association by an authorized office bearer of the Association, along
with the Secretary or any other person specifically authorized by the
Association, in the absence of Secretary.
45. Compliance, (1)
These Bye-laws are set forth to comply with the requirements of
the Karnataka Apartment Ownership Act, 1972. In case any of
these Bye-Laws conflict with the provisions of the said Act, it is
hereby agreed and accepted that the provisions of the Act will
apply, ignoring any such conflicting provision contained in these
Bye-Laws.
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(2)
Every Apartment Owner and every resident of RELIAABLE
ACACIA APARTMENT is governed by the provisions of these ByeLaws. Non-compliance with any provisions of these Bye-Laws,
may, attract such other actions, orders or directions, as the
Association deems fit.
46. Honorarium,(1) The Association may, invite (to the General Body meeting or the
Managing Committee meeting or to any of its Committee meetings
or at any time or from time to time) any person who is having the
expertise in any field or area useful or beneficial to the Apartment
Owners or the Association, in conducting the Management or the
affairs of the Association in the wider interest of the Apartment
Owners to deliberate, discuss or guide in any such areas for the
betterment of the Apartment Owners.
(2) Such experts shall participate in the deliberations and
discussions in the meetings as and when required/requested to
do so, but shall not participate in voting on any issue.
(3) Such experts shall be entitled to be paid honorarium, as the
Managing Committee may decide, in consultation with such
experts, if necessary.
(4) The Managing committee is authorized to incur, such expenditure
as the situation may require, before/during/subsequent to any
meeting as it deems fit.
(5) The Members of the Managing Committee shall also be paid an
honorarium for each sitting, as the General Body may, decide
from time to time.
(6) Provision can also be made by the Managing Committee to
reimburse conveyance charges, staying charges and other
necessary expenses to be met by the office bearers or the
Committee Members, if they have to bear the same for
conducting/managing the affairs of the Association.
47. Litigation, The RELIAABLE ACACIA APARTMENTS Association is a perpetual
legal entity represented by the Managing Committee and it can sue
or be sued by or in the name of the said Association.
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48. Resolution of disputes,(1)
Any dispute between or amongst the Apartment Owners may be
referred to the Managing Committee of the Association for
redressal. If any party is aggrieved by the decision of the Managing
Committee, the same may be referred to Arbitration in accordance
with the Arbitration Act.
(2)
Any dispute between any Apartment Owner and the Association
may be referred to the Managing Committee to be forwarded to the
Competent Authority for redressal and the decision of the
Competent Authority shall be final.
49. Finality,If any dispute arises in the interpretation of any provisions of these
Bye-Laws, the decision of the Managing Committee is binding on all
the Apartment Owners and the residents, subject to review of the
same by the General Body, if so required.
50. Indemnity,No action against the Association, any Member of the Managing
Committee or any Apartment Owner shall lie in any Forum or Court
of Law for any bonafide action taken in accordance with these ByeLaws.
Chapter X
ELECTION RULES
51. Election (to Managing Committee) Rules
(1) Name. –
These rules may be called the “Election (Managing Committee) Rules
of RELIAABLE ACACIA ASSOCIATION”.
(2) Definitions. –
Unless, repugnant to the context or the meaning thereof otherwise
necessitates, the words and phrases used in these rules shall mean
what has been defined in the Bye-Laws and the Act and Rules framed
thereunder.
(3) Appointment of Returning Officer. –
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(a) The President shall appoint one of the Apartment Owner’s as
Returning
Officer to elect the required number of members to be
appointed as Members of the Managing Committee, in the place of
the retiring members, every year. Such an appointment shall be
made atleast two months earlier to the date on which the one-third
numbers of members of the Managing Committee are scheduled to
retire.
(b) The Returning Officer may be paid an amount as honorarium, as
the
Managing Committee deems fit.
(4) Calendar of Events of Election. –
The Returning Officer shall, notify a calendar of Events of election,
specifically containing the information relating to, (a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
total number of vacancies;
last date for submission of nomination of candidates ;
date of scrutiny of nominations;
date for withdrawal of candidature ;
date of publication of final list of candidates ;
date and time of election ;
Place of election, if required;
date of the declaration of result .
(5) Notice. –
The Returning Officer shall, publish the Calendar of Events of
Election in the notice board of the Association and on the notice
boards of all the _______ buildings / blocks. Such a notice shall be
deemed to be sufficient notice of the Calendar of Events of
Election.
(6) Conduct of election. –
(a) The Secretary shall make all the necessary arrangements for the
proper conduct of the election, in consultation with the Returning
Officer and ensure that the election, if necessitated, is duly
conducted.
(b) The Secretary shall, ensure that the names of disqualified
Apartment Owners, if any, are omitted from the list of voters and
place the up-to-date list of voters on the notice board of the
Association atleast before the scheduled date for submission of
nomination of candidates.
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(7) Declaration of result of election. –
The Retuning Officer shall, arrange for the counting of votes secured
by the candidates, and declare the required number of candidates
securing the highest number of votes in order of priority, as the
winning candidate. In the case of a tie between the candidates, the
Returning Officer may decide the winning candidate either by
ascertaining the consensus candidate amongst them or by toss of
coin, as the Returning Officer deems fit under the circumstances.
(8) Finality. –
The decision of the Returning Officer shall be final and binding on all
the candidates as well as the Association.
The Returning Officer, after concluding the election as per the
calendar of events of election, submit to the President forthwith and
also publish the list of candidates elected to be appointed as
members of the Managing Committee.
(9) Appointment of Members of the Managing Committee,The President shall announce the names of elected candidates in the
General Meeting, which shall be deemed to be the appointment of
those candidates as the members of the Managing Committee with
effect from that day. Such elected members of the Managing
Committee shall hold office in accordance with these Bye-Laws.
(10) Power to Nominate, In case where, the number of candidates declared by the returning
officer as elected, falls short of the required number of
representatives, the President, as soon as possible, in consultation
with all the existing members of the Managing committee co-opt any
Apartment Owner, who is willing to join as member of the Managing
Committee and fill up such vacancies. Such member will be deemed
to be duly elected and hold office as a member of the Managing
Committee for 3(three) years.
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