1. Short
title and Application: -- (1) These Bye-Laws may be called as the
Bye-Laws of the Jana Priya Avenue Apartment (IV Block) Flat Owners
Association.
2. The
provisions of these bye-laws apply to the all present or future owners,
tenants, future tenants, or their employees, or any other person that might use
the facilities of the building in any manner at the Jana Priya Avenue
Apartment (IV Block) and are subject to the regulation set-forth in
these bye-laws. The mere acquisition or rental on taking or license of any of
the family units (hereinafter referred to as “units”) of the building or mere
act of occupancy of any of the said units will signify that these bye-laws are
accepted, ratified, and will be complied with.
3. Definitions:--
(1) In these bye-laws unless the context otherwise requires-
(a) “Act” means the
Telangana Apartments (Promotion of Construction and Ownership) Act,1987 (Act
No.29 of 1987);
(b) ‘Association’ means the
Association of all the Apartments Owners constituted by such owners for the
purpose of the co-operation amongst Apartment owners to do all acts in
furtherance of the objective of Jana Priya Avenue Apartment (IV Block)
Flat Owners Association;
(c) “Board” means a Board
of managers consisting of President, Vice President, Secretary,
Joint-Seceratry, Treasurer, Joint-Treasurer all of whom shall be owners of
Apartments’ in the Jana Priya Avenue Apartment (IV Block);
(d) “Building” means the
building located at the IV Block of Jana Priya Avenue Apartment, Satyanagar
Colony, Kothapet, Uppal Mandal, Medchal Malkajgiri District and known
as The Jana Priya Avenue Apartment (IV Block )Apartment, and includes the
land forming part thereof;
(e) “Declaration”
means the declaration which the sole owner of the building or all the owners of
the buildings have executed and registered as provided in Section 2 ;
(f) “Majority of Owners” means
those owners holding 51 percent of the votes in accordance with the percentage
assigned in the Declaration ;
(g) “Owner”
means a person owning a flat(s) in the Jana Priya Avenue Apartment (IV
Block);
(h) “Section” means a
section of the Act ;
(i) “Unit” means a family unit
in the Jana Priya Avenue Apartment (IV Block) ;
(j) “Registrar” means the
Registrar of Societies ;
(k)“Rules” means the rules
framed under the Telangana Apartments (Promotion of Construction and
Ownership) Act, 1987 (Act No. 29 of 1987).
(2) Words and expressions used
in these bye-laws but not defined herein shall have the meaning respectively
assigned to them in the Act.
3. Apartment Ownership: --- The
building located at IV Block of Jana Priya Avenue Apartment, Satyanagar Colony,
Kothapet, Uppal Mandal, Medchal Malkajgiri District and known
as the Jana Priya Avenue Apartment (IV Block) is submitted to the
provisions of the Act.
4. Objects of Association:
---
(1) The object of the
Association shall be ---
(a) To be and to Act as
the Association of Apartment Owners of the building called The Jana Priya
Avenue Apartment (IV Block) located at IV Block of Jana Priya
Avenue Apartment, Satyanagar, Kothapet, Uppal Mandal, Medchal Malkajgiri
District (hereinafter called “the said building”) who have their
respective declaration submitting their apartments to the provision of the Act;
(b) To invest and use funds of
the Association for the general welfare of the members;
(c) To provide for the
maintenance, repair and replacement of the common areas and facilities by
contribution from the apartment Owners, and if necessary, by raising loans for
that purpose;
(d) To ensure basic amenities
like clean drinking water (both in quantity and quality), bore-well water in
adequate quantities, common power and other facilities services, amenities that
are needed for the common good and welfare of the members;
(e) To take possession of all
common areas and facilities in the premises of Jana Priya Avenue
Apartment (IV Block) like the Compound wall, open land, open space on
terrace, driveways, common parking areas, children’s recreation,
club house, swimming pool, common corridors, staircases, terraces, generators ,
submersible pumps, transformers, circuit breakers, electricity meter
rooms, lifts, lift room, association maintenance office, open shafts, common
toilets, water pumps, storage tanks, water piping system, drainage system,
electricity distribution system, cable television wiring system, telephone wiring
system, association office room on terrace ,if any etc.,from the
promoter;
(f) To take care of periodical
painting, distempering of the exterior of the block and common areas in the
interior and to undertake repairs, replacements or other general water,
electric and other equipment, machinery etc., belonging to the
Association;
(g) To retain and rent or
license if possible, suitable portion of the common areas to outsiders for
commercial purpose and to distribute the common expenses among the apartment
owners as common profits or accumulate the same for building up a reserve fund;
(h) To provide for and do all
and any of the matters provided in sub – Section (2) of Section 18 of the
Act;
(i) To advance with the consent
of the apartment owners, any short term loans to any apartment owners in case
of any emergent necessity and to provide for the benefit of the apartment
owners;
(j) To establish and carry on,
on its own account or jointly with individual or institution, education,
physical, social and recreational activities for the benefit of the apartment
owners ;
(k) To frame rules, with the
approval of the general meeting of the association and after consulting the
competent authority and may establish a provident fund and gratuity fund, if
necessary, for the benefit of the employee of the Association;
(l) to do all things necessary
or and otherwise for enhancing co-operation amongst the flat owners for
improving and enhancing the experience of staying at Jana Priya Avenue
Apartment (IV Block) and provide for their welfare expedient of the
attainment of the objects specified in these bye – laws;
(m) To organise, establish and
run social, educational, cultural, recreational and other facilities for the
welfare of the residents/members;
(n) To improve,
alter/repair, reconstruct, and incur capital expenditure for special repairs to
the common areas of any part of the premises in accordance with the law and
decisions taken by majority of the members of the Association. A corpus fund
shall be maintained for the purpose and the same shall be collected;
(o) To be of
assistance to members in whatever manner possible to solve the common problems
and promote a feeling of oneness of a happy family through mutual
co-operation;
(p) To control the use of common
parking space and its allocation amongst the flat owners etc.
(q) To frame, amend or
substitute the rules and clauses of bye-laws, with approval of the General Body
meeting of the Association, after consulting the Competent Authority to ensure
Bye-laws are in line with model bye-laws indicated at Form V of the Telangana
Apartments (Promotion of Construction and Ownership) Rules, 1987.
(r) To do all things necessary
or expedient for the accomplishment of the aforesaid objects of the
Association.
(s) The Association shall not
act beyond the scope of its objects without duly amending the provision of this
bye – laws for the purpose.
5. Members of
association: --- (1) All persons who have
purchased apartments in the and Known as Jana Priya Avenue
Apartment (IV Block) and executed respective Declaration under section
5 submitting their apartments to provision of the Act shall automatically be
the member of the Association and shall pay the sum of one hundred
rupee as entrance fee and shall purchase one share of the face value of Rs
1000/- each. Each apartment owner shall receive a copy of the bye – laws on
payment of one hundred rupees.
(2) Upon any apartment owner
selling his apartment, or absolutely conveying the same by way of gift under
his will or otherwise, the purchaser or donee shall automatically become a
member of the association, and shall be admitted as member on payment of the
entrance fee of one hundred rupee. The share held by an apartment owner shall
be transferred to the name of such purchaser or donee on payment of ten
thousand rupee to the Association.
(3) On death of an apartment
owner, his apartment shall be transferred to the person to whom he bequeaths
the same by his will, or to the legal representative of his Estate, in case he
has made any specific bequest of the apartment. The name of the legatee or the
names of the legal representative jointly shall be entered in the register of
apartment owners maintained by the secretary for the purpose of administration
of the Jana Priya Avenue Apartment (IV Block) Flat Owners
Association as apartment owners. Where any 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 purchased by two or more persons
jointly, they shall be jointly entitled to the apartment and the shares of the
Association shall be issued in their joint names, but the person whose name
stands first in the share certificate shall alone have the right to vote.
7. Holding of one share
Compulsory: ---- Every apartment owner must hold one share of the
Association (Joint apartment Owners holding the shares jointly)
8. Disqualifications:
--- No apartment owner shall be entitled to vote on the question of
the election of members of the Board or the President, Vice President,
Secretary, Joint Secretary, Treasurer, Joint Treasurer or any other office
bearer or be entitled to stand for election to such office if he is in arrears
of any sum due from him in respect of his contribution for common expenses, for
more than sixty days on the last day of the year preceding the year in which
the election to the Board would take place.
CHAPTER
II
VOTING,
QUORUM AND PROXIES
9. Voting: ---- Voting shall be on “one Apartment one vote
basis”.
10. Quorum: ---- Except as otherwise provided in these bye-laws, the
presence in the person of a majority of the owners shall constitutes a quorum.
11. Votes to be cast in persons:
--- Votes shall be cast in
person.
CHAPTER
III
ADMINISTRATION
12. Powers and duties of
Association: --- The
Association will have the responsibilities of administering the Jana
Priya Avenue Apartment (IV Block), approving the annual budget establishment
and arranging for the management of the Apartments in an efficient manner.
Except as otherwise provided, resolutions of the association shall require
approval by a majority of the owners, casting votes in person.
13. Place of meetings: ---- Meeting of the
Association shall be held at suitable place convenient to the owners as may
from time to time be designated by the Association.
14. Annual meetings: --- The first annual meeting of the association shall
be on 30-05-2019. Thereafter, the annual meeting of the Association shall be on
the 2nd Sunday of June each succeeding year. At such meeting
there shall be elected by ballot of the apartment owners a Board in accordance
with the requirements of Bye-law 23. The owners may also transact such other
business of the Association as may properly come before them.
15. Special meetings: --- It shall be
the duty of the President to call a special meeting of the apartment owners as
directed by a resolution of the boards or upon a petition signed by a majority
of the owners and having been presents to the secretary, or at the request of the
competent Authority appointed under the Act, or as the case may be, the
registrar of the Co-operative Society or any Officer duly authorized by him in
this behalf. The notice of any special meeting shall state the time and place
of such meeting and the purpose thereof. No other business shall be transacted
at a special meeting expect as stated in the notice without the consent of
four-fifth of the owners present in person.
16. Notice of Meetings: --- It shall
be the duty of the secretary to mail or send a notice of each annual or special
meeting, stating the purpose thereof as well as the time and place where it is
to be held, to each apartment owner, at least 2 but not more than 7 days prior
to such meeting. The mailing or sending of a notice in the manner provided in
this bye-law shall be considered notice served. Notice of all meeting shall be
mailed or sent to the Competent Authority or as the case may be, the register
of Co-operative Society.
17. Adjourned meetings:
--- If any meeting of owners cannot
be organized because a quorum has not attended the owners who are present, may
adjourn the meeting to a time not less than forty-eight hours from the time the
original meeting was called. If at such adjourned meeting also, no quorum is
present the owners present in person being not less than two shall form a
quorum.
18. Order of business: ---- The order
of business at all meeting of the owner of units shall be as follows: --
(a) Roll call.
(b) Proof of notice of meeting
or waiver of notice.
(c) Reading of Minutes of
proceeding meeting.
(d) Reports of officers.
(e) Reports of the Competent
Authority, or the Registrar of Co operative Society or of the officer duly
authorized by them, if present.
(f) Report of committees.
(g) Election of Board.
(h) Unfinished Business, if
any.
(i) New Business.
CHAPTER
IV
BOARD
OF MANAGERS
19. Management of
Association: -- The affairs of the Association shall be governed by a
board.
20. Powers
and duties of board: --- The Board shall have the powers and duties
necessary for the administration of the Association, and may do all such acts
and things as are not by law or by these bye – laws directed to be exercised
and done by the owners.
21. Other duties:
--- In addition to duties imposed by these bye- laws or by resolution of the
Association, the board shall be responsible for the following that is to say:
--
(a) Care, upkeep and
surveillance of the Jana Priya Avenue Apartment (IV Block) and
the common areas and facilities and the restricted common areas and facilities;
(b) Collection of monthly
assessments from the owners;
(c) Designation,
employment, remuneration and dismissal of the personnel necessary for the
maintenance and operation of the Jana Priya Avenue Apartment (IV Block) the
common areas and facilities and the restricted common areas and facilities;
(d) To provide for the
manner in which the audit and account of the Association shall be carried out;
(e) To inspect the
accounts kept by the secretary and/or the treasurer, and examine the register
and account books and to take steps for the recovery of all sums due to the
Association;
(f) To sanction working
expenses, count cash balance and deal with other miscellaneous business;
(g) To see that cash book
is written up promptly and is signed daily by one of the members of the boards
authority in this behalf;
(h) To hear and deal with
complaints.
22. Manager:
-- The board may employ for the Association a manager at a
compensation determined by the board to perform such duties and services as the
boards shall authorize including, but not limited to the duties listed in
bye-laws 21.
23. Election and
term of office: --- At the first annual meeting of the Association,
the term of office of two managers shall be fixed for three years. The team of
office of two managers shall be fixed at two years, and the team of office if
one manager shall be fixed at one year. At the expiration of the initial term
of office of each respective manager, his successor shall be elected to serve a
term of three years. The manager shall hold office unit their successors have
been elected and hold their first meeting. (if a large board is contemplated ,
the terms of office should be established in a similar manner so that they will
expire in different years).
24. Vacancies:
--- Vacancies in the boards cause by any reason other than the removal
of a manager by a vote of the Association shall be filled by vote of the
majority of the remaining managers, even though they may constitute less than a
quorum; and each person so elected shall be manager until a successor is
elected at the next annual meeting of the Association.
25. Removal of
manager: --- At any regular or special meeting duly called any one or
more of the managers may be removed with or without cause by a majority of the
apartment owners and a successor may then and there be elected to fill the
vacancies thus created. Any manager whose removal has been proposed by the
owners shall be given an opportunity to be heard at the meeting.
26. Election of
officers: --- The officer of the Association shall be elected by the boards
at the organization meeting of each new board and shall hold office at the
pleasure of the board.
27. Removal of
Officers: --- Upon an affirmative vote of a majority of the members of
the boards any officer may be removed, either with or without cause, and his
successor elected at any regular meeting of the board or at an special meeting
of the board called for such purpose.
28. President: ---
The president shall be the chief Executive officer of the Association. He shall
preside at all meeting of the Association of the general power and
duties which are usually vested in the office of president of an Association,
Including, but not limited to, the power to appoint committees from among the
owners from time to time as he may in his discretion decide to be appropriate
to assist in the conduct of the affairs of the Association.
29. Vice-President:
--- The Vice-president shall take the place of the president and perform his
duties whenever the president shall be absent or unable to act. If neither the
president nor the Vice-president is able to act, the board shall appoint some
other member of board so to act on an interim basis. The Vice-president shall
also perform such other duties as shall from time to time be imposed upon him
by the board.
30. Secretary: ---
The Secretary shall kept the minutes of all meeting of the Association, he
shall have charge of such books and papers as the Board ma7y direct, and shall,
in general, perform all the duties incidental to the office of secretary.
30A Joint
Secretary:-- The Joint Secretary shall take the place of
the Secretary and perform his duties whenever the secretary shall be absent or
unable to act.
31. Treasurer: ---
The treasurer shall be responsible for Association funds and securities shall
also be responsible for keeping full and accurate accounts of all receipts and
disbursements in books belonging to the Association. He shall be responsible
for the deposit of all moneys and other valuable effects in the name and to the
credit, of the Association in such depositaries as may from time to time be
designated by the Board.
31A Joint
Treasurer:- The Joint Secretary shall take the place of the
Treasurer and perform his duties whenever the treasurer shall be absent or
unable to act.
CHAPTER
V
OBLIGATIONS
OF THE APARTMENT OWNERS
32. Assessment:
--- All owners are obliged to pay monthly assessments imposed by the
Association to meet all expenses relating to the Jana Priya Avenue
Apartment (IV Block), which may include an insurance premium for a policy
to cover repair and reconstruction work in case of hurricane, fire, and
earthquake or other hazard or calamity. The assessment shall be made pro-rata
accordingly to the value of the unit owned as stipulated in the declaration.
Such assessments shall include monthly payment to a general Operating reserve
fund for replacements.
33. Maintenance and
repair: --- (1) every owner must perform promptly all maintenance and
repair work within his own unit, which if omitted would affect the Jana
Priya Avenue Apartment (IV Block) in entirely or in a part belonging to
other owners, being expressly responsible for the damages and liabilities that
his failure to do so may endanger.
(2)
All the repairs of internal installation of the units as water, light, gas,
power, sewage, telephone, air-conditioners, sanitary installation, doors,
windows, lamp and all other accessories belonging to the unit area shall be at
the expense of the apartment owner concerned.
(3) An
Owner shall reimburse the Association for any expenditure incurred in repairing
or replacing any common area facility damaged through his fault.
34. Use of family
units-internal changes: --- (1) All units shall be utilized for
residential purpose only.
(2) An
Owner shall not make any structural modification or alterations in his unit or
installation located therein without previously notifying the Association in
writing, through the president of the board if no manager is employed. The
Association shall have the obligation to answer within thirty days and failure
to do so within the stipulated time shall mean that there is no objection to
the proposed modification, alteration or installation.
35. Use of common areas
and facilities and restricted common areas and facilities: --- (1) An
owner/tenant shall not place or cause to be placed in the lobbies’ vestibules,
stairways, elevators and other areas of the Jana Priya Avenue Apartment (IV
Block) and facilities of a similar nature both common and restricted,
any furniture, packages or objects of any kind. Such areas shall be used for no
other purpose than for normal transit them.
(2) The
Jana Priya Avenue Apartment (IV Block) had an elevator and
owners and tenants are expressly required to carefully utilise it.
36. Right of Entry:
--- (1) An owner shall grant the right of entry to the manager or to
any other person authorized by the board or the Association in case of any
emergency originated in or threatening his unit, whether the owner is present
at the time or not.
(2) An owner
shall permit other owner, or their representative, when so required to enter
his unit for the purpose of performing installation, alteration or repairs to
the mechanical services provided that request for entry are made in advance and
that such entry is at a time convenient to the owner. In case of an emergency,
such right of entry shall be immediate.
37. Rules of Conduct:
--- (1) No resident of the Jana Priya Avenue Apartment (IV
Block) shall paste any advertisement, or posters of any kind in or on
the building except as authorized by the Association.
(2) Residents
shall exercise care about making noises or the use of musical instrument,
radios, television and amplifiers that may disturb others. Residents keeping
domestic animals shall abide by the municipal sanitary bye-laws or regulations.
(3) It is prohibited to
hang garments, rugs, etc., from the windows, balconies, or from any of the
facades of the Jana Priya Avenue Apartment (IV Block).
(4) It is prohibited to
dust rugs, etc. , from the windows, or to clean rugs, etc. , by beating on the
exteriors part of the said Apartment.
(5) It is prohibited to
throw garbage or trash outside the disposal installations provided for such
purpose in the service areas. If such installation is not provided all garbage
or trash shall be collected in a vessel and thrown in the municipal dust bin.
CHAPTER
VI
FUNDS
AND THEIR INVESTMENTS
38. Funds: --- funds
may be raised by the Association in all or any of the following ways, namely:
(a) By shares.
(b) By contributing and
donating from the apartment owners.
(c) From common profit
which shall form the nucleus of the reserve fund.
(d) By raising loans, if
necessary, subject to such terms and conditions as the Association with the
approval of the competent authority, may determine in this behalf.
39. Investment:
--- The Association may invest or deposit its funds in one or more of
the following: ----
(a) In the central Co
operative bank or in the State Co operative bank; or
(b) In any of the
securities specified in section 23 of the Indian Trusts Act 1882; or
(c) In any Co operative
bank other than those referred to in clause (a) of this bye-Law or in any
banking company approved for this purpose by the Association.
40. Affiliation:
---- Should there be any federation of apartment owners in the locality in
which the Jana Priya Avenue Apartment (IV Block) is situated
the association may after consulting the competent authority, become a member
thereof, and pay the sum from time to time payable to such federation under the
rules thereof.
41. Accounts; --- Kotak Mahindra Bank Savngs Bank Account No. 1112182585, existing in the name of promoter Shri Guntupalli Bhanu Prasad shall tentatively be used for all banking purposes till the time of regular account is openened in the name of Association. Untill then, said Kotak Mahindra Bank Savngs Bank Account No. 1112182585 shall be treated as the official bank account of the Association and all money paid to the Association shall be paid through online mode only in to said account number. The mobile No. 9441511429 associated with the said account number is linked with various UPI apps including Google Pay, PhonePe, and Paytm. Transaction id numbered generated through automated process shall be treated as official receipt of the Association in respect of every payment made in to the account and no separate receipt will be issued to payee.
All receipts and payments in to the bank account, can be accessed through bank staterment and the same is accessable to any member of the Association upon payment of necessary charges levied by bank for generation of bank statement for the relevant period.
42. Publication of accounts and reports: --- All receipts and payments, exceeding Rs. 50,000/- in a single transaction, shall be prepared in the form of financial statements and shall be made avialble on the website of the Association.
CHAPTER
VII
MORTGAGES
45. Notice to
association; --- An owner who mortgages his unit, shall notify the
Association through the manager, if any, or the president of the board in the
event there is no manager, the name and address of his mortgagee; and the
association shall maintain such information in a book entitled ”Mortgagee of
units.”
46. Notice
of unpaid assessment: --- The Association shall at the request of a
mortgagee of a unit report any unpaid assessments due from the owner of such
unit.
CHAPTER
VIII
COMPLIANCE
47. Compliance:
--- These bye-laws are set forth to comply with the requirement of
the Telangana (Promotion of Construction and Ownership) Act, 1987. In
case any of these bye-laws conflict with the provision of the said Act, it is
hereby agreed and accepted that the provisions of the Act will apply.
AMENDMENT
TO PLAN OF APARTMENT OWNERSHIP
49. Amendment of
bye-laws: --- These bye-laws may be amended by the Association in a
duly constituted meeting for such purpose and no amendment shall take effect
unless approval by owners representing at least 75 per cent, of the Apartment
Owners in the Jana Priya Avenue Apartment (IV Block) as
shown in the declaration.
CHAPTER
X
Penalties
50. The
manager or Board of managers of Jana Priya Avenue Apartment (IV Block) Flat
Owners Association, may after due notice of not less than 7 days, for just and
sufficient cause, cut off, withhold or in any manner curtail or reduce any
essential supply or service enjoyed by an apartment owner. The cost of
restoration of service shall be payable by the Apartment owner. (refer section
21 of The Telangana Apartment (Promotion of Construction and Ownership) Act,
1987.
Violation of any part of the bye
laws resulting in expenditure to restore the Jana Priya Avenue Apartment
(IV Block) to original condition by association; shall be recoverable form
the apartment owner who caused such damage.
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