CHAPTER II P'ROXlES VOTING .QUORUM AND 9) Voting: . d the percentage of the vote to Voting. shall be on a percentage basiS an. lned to the family unit or units which the owner is entitled is the percentage USSlg in the Declaration. 10) Quorum: . . . e b laws. the presence in persons Except as otherwise provided .1Il thes y . ora majority of owners shall constitute a Quorum. 11) Votes to be cast in person: . Votes shall be cast in person. CHAPTER III ADMINlSfRATlON 12) Powers and duties of Association: " , " '11h e the responsibility of administering the Th e A ssociauon WI av "PADMSHRI RESIDENCY - TV" Condominium approving the a,nnual bud- get, establishing and collecting monthly assessments and arrangmg for t~e management of the Condominium in an efficient manner. Except as otherwise provided resolutions of the Association shall require approval by a majority of owerns, casting votes in persons, 13) Place of meetings: Meetings of the Association shall be held at suitable place convenient to the owners as may from time to time be designated by the Association. 14) Annual meetings: The first annual meeting of the Association shall be held on or before 31 March. Thereafter, the annual meetings of the Association shall be held on each succeeding year. At such meetings there shall be elected by a ballot of the ~ apartment owners a Board in accordance with the re~uirements of bylaw. ~~>;.; 23. The owners may also transact such other busmess of the Associatio ~~It.~" .' may properly come before them. .-; ~ .'. -¥-,' > 15) Special Meetings: i>---.3, It shall be the d.ut)' of the President to call a special meeting of th ~f.~:; a~artment ow~er~ as directed by resolution ofthe Board or upon a petition -.:/ signed by a ~aJ~nty of the owners and having been presented to the Secretary of the ASSOCiatIOnat the request of the Housing comrni tssioner . .... , or as th e-case '. ma~' be.the reglst~ or an): officer duly authorized by him in this behak The' .. ' ~.~ notice of any special meetmg shall state the time d 1 f ::-..-.., - "I·r \)t . an pace 0 such me t1~'-)nl[ f ~ o~~ 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 but not more than 7 days prior to such meeting. The mailing or sending of a notice in the manner provided in these bylaws should be considered as notice served. Notices of all meetings shall be mailed or sent to the Housing Commissioner, or as the case my be. to the Registrar.For all purpose. the proof of sending of notice/ notices or mail on correct address shall be presumed as a proof of service or acknowledgment of notice. 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 ofbu~iness at all meetings ofthe owners of units shall be as follows: (a) Roll Call (b) Proof of notice of meeting or waiver of notice. (c) Reading of minutes of preceding meeting. (d) Report of officer. (e) Report of the Housing Commissioner or the Registrar or of the officer duly authorized by them. ifprcsent. (0 Report of Committees. (g) Election of Board (h) Unfinished business. if any, (i) New business. CHAPTER-IV BOARD OF MANAGERS 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 affairs of the Association, and may do all such acts and things as are not by law or by these bylaws directed to be exercised and done by the owners. 21) Other Duties: ..... ----~ In addition to duties imposed by these bylaws or by relolutions or the Association. the Board shall be reponsible for the following that is to say. 2~) Election and term of office: :\t the first annual mcctiuc \,f the A~:\\)d~lt\l.)n.the term 1.)( \,t)'\\.'i..'\,f - - manaccr mauaccrs shall he tlxed for three years. At the expiration \,f thi..' . initial term of \)t1\('e ",( each respective manager, his successor shall h.' . ch.'('icd \I., serve :l term of three vcars.Thc m:m:h!.cr ~ shall \h.)\d ofticc iuu \\ their successors have been elected and hold thd\' first ml..'et'\\~,~1f \\ \:\r~~i..'r Board is contemplated, the tenus ototficc should he e~t:\bH~hl..'l.\in a ~lm\\ar manner ~I.) that they will expire in diftcrcut years) 26) Mnnaging ('unllniUl'l' IIll'l'ling: The first nh.'etinl.!uln ncwlv l'Il'l'tl'd hoard shall he held wuhin u-n dll~'~' of deetion at such pla~e as shall'hc fixed hv the rvl:lIl:l)!l'l'lrvl:lIlllgl'I'S :II the mceting at which such ~'I:lIlagl'rlMuuugcrs were elected nnd uu uotivc shall Ill' ncccs.sary to the lll'wly elected Muuugcr/ Mnnugcrs ill order III k~I,ally constitute such meeting, provided a majoril\' of the whole ltonrd shall hr present. . . 27) Regular meetings: Regular meetings of the Board 11\11\' he held ut such time uud plucc as shall be determined, Irum time to time, hy a ma.iority Ill' Mllllagl'l', hilt III kasl t\\~Osuch meeting shall be held during cuch year, Notice ol'Rcuulnr I'vkdilll'.s ot the Board shall he given to each Muuugcr, pcrsunully or hy mail. Ill' telegraph. at least three days prior to the day named I()I' such 111l:dillgS. 28) Special Meetings: Speciall'vteetings ofthe Board may he culled by the l'rcsidcnt Oil three days notice to each Manager. given personally or hy mail or telegraph, which notice shall state the time. place (as herein above provided) or Secretary in like manner and on like notice in the written request oral lcust theree managers .. 29) Waiver of notice: Before or at any meeting of the Board any Manager. muy ill writing, waives notice of such meeting. and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Manager at any meeting ol'thc Board shall be a waiver of notice by him of the time and place thereof. I I' all the Managers are present at any meeting or the Board. no notice shall he rcuircd and any business may be transacted at such meeting. 30) Quorum: All meetings of the Board, one third of the total strcnght or Managers shall constitute a quorum for the transaction of business. and the ads of the Managers present at a meeting at which a quorum is present shall be the acts or the Board. Ifat any meeting of the Board. thereby less than a quorum present. the majority of those present may adjourn the meeting from time to time. Any such adjoumed meeting. any business, which might have been transacted at the meeting as originally. called may be transacted without further notice, provided there is a quorum present. 31) Fidelity Bonds: The Board may require that all officers and employees or the Association handling or rcponsible for Association funds shall furnish adequate fidelity bonds. The premiums on such bonds shall be paid by the Association. CHAPTERV OFFICERS 32) Designation: The principal officers of the Association Secretary and a Treasurer. all of whom shall be elected by and from the Board. The Board may appoint an , nne t SUC h Other officers as . A SSlstantTreasurer . . and nn Asslstan in their judgment may be necessary. t Sccrctnt"). . , 33) Election of officers: 'I ,t d annually by the Board at .' The officers of the ASSOCIatIon'11'1\1be s , e tcc Ct shall hold 0 1'1-Ices at t I ic , I the organizntion meeting 01 cue \ n n cw hoar( nne pleasure of'thc Board. 34) Removal of officers: .' nhe members ofthe Board any Upon an affirmative vote of a maJonty 0 sc and his successor elected . WIt officer may be removed, either .I1or \.vithollt call11 purpose. " . meetmg at any special . d crailed for sue . of the Boar , 35) President: . fficer of the Association. He . id I II b tl Chief Executive 0 1 he Prest ent s 1~ e ic "?" .• , nand of the Board. He shall have shall preside at all meetmgs of the AssoC,ldtto By vested in the office of II f I 1 d duties which are usua a 0 t ie genera powers an. r it d to the power to appoint Presid~nt or an Association, including, ~ut not. ~:\~ time, as he may in his committees from among the ~wners fr?m. un e conduct of the affairs or the discretion decide to be appropriate to assist m th Association. 36) 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, tI1C Board shall appoint some other member of the 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. 37) Secretary: The Secretary shall keep the minutes of a~lmeetings of the Board and the ~ minutes of all meetings of the Association, he shall have charge of such books '''·'~1\~\Si and papers as the Board may direct; and he shall, in general, perform the cnti c "" -, .;.1\ duties incidental to the office of Secretary. (~ . 38) Treasurer: ~~_\ The Treasurer shall.be responsibl.e for Association funds and securiti ~~f.i:--. and shall also be responsible for keepmg full and accurate accounts of a~('! ~ receipts and disbursements in book belonging to the Association. He shall he ~ responsible for the deposit of all moneys and other valuable effects in the nemc and to .the credit ofthe Association in such depositors as rna from time to time be designated by the Board. y .-----~--~ , aUPTERVI ~;Jfr-.q OBLIGATIONOFTHEAPARTMENTOWNE ..}. r: . ,-\S , RS Q. NT noti IYing_theAssocia~ion in wri~in.g,through the Pn:si~en~ of the Board i.e"" ~~\~.\\): SI/8.,p~ ~1~lIlag~rIS~mrl~)~'ed.Ille ASSOCI,.ltll~n shalll~a\'e the o~ltgatlon to answer \\'.tthm r<.::.~ Ie.)' . ';ll (~~. ~ ,~:;..a' rtv davs and failure to do so within till: stipulated tune shall mean that ISno • ._.. . . '.!:;!/ . '-';;.'.'.~ cction to the proposed modification, alternation or installation. :\~_I,".. I ~~ ~ '.:. ~.~ .:.J":.::o :~~\~\~/ ~ Use of common areas and facilities: ~~~~~~.1 An owner shall not place or cause to be placed in the lobbies. vestibules. ~~f stairways. elevators and other areas of "PADMSHRI RESIDENCY - IV" Condominium and facilities of a similar nature both C011l11l0nand restricted any furniture.packages or objects of any kind. Such areas shall be used for no other purpose than for normal transit through them. ~.I~{_Cl .._ ' _~-,--_'_-1'3) Right to entry: '2.~ ~ 1...3 -11 E._':J ( I ) An owner shall grant the right of entry to the Manager/Grantor (II' P any other person authorized by the Board or the Association or Grantor in ~0 9 ~ ase of any emergency originating in or threatening his unit whether owner is '----------' present at the time or not. ir r«:llrescnlativcs \\hCII ',C) \ '" 1 'lCT:' or t 1lei , , ~ \1l "" ncr shall pcnmt "ther 1)\\I .'.. ' III instnllatulIls. :lIICrallllll\ , . . , III pcrl(ll1lltl t· . , fl.:q\llt\.'ll \l) enter his unit lor the Pllll'(l~l:, I clectri~al serVices prll\'ulctl. PI' rl'pair~ tn the structural. Illcci1::lIll1.:a nr. ""lnI.:C and that such cnn-, is 1'm\ H Cl that written request or en tf"r :is made• 1ll!H . I I f • , 'r,'CII(,\', such rig. I .' II 01 cnlr\' ,.1\ .1, tunc . convcmcnt . til the owner,, In case .' , llt all cl1ll: t' • • shal be immcdintc and withou' any request. 44) Rule of conduct: . ., ENCY _ IV" Condominiulll shall \ 1) No rcsidcnlllflhc"PADMSllRI Rl:SI~ ~ . I the building, excel)! 'IS .' If' '10\' kind III or 01 I . post any advertisement.or posters ( -rds sold all their righls in the ,~o' authorized In' the landlords and It landlc " . .' propcny. then permission ofassocmllOll IS . reqUIred ' tJUnit shall exercise extreme care (2) Residents/Occupants/Owners ofapartl11en . d' tclcvi .' about makinc noises or the usc of musical instrumcnts, ra lOS, c CVlslons, amplifiers or ~ther instrument or thing ., that rna) diIS turb others andt1U' shall notk cause .. any nuisance to others. Residents/Occupants/Owners of apartmen rut ~epmg d~mcstic animals shall abide by the municipal sanitary bylaws or regulations (3) It is prohibited to hung garments, rugs,etc.,from the windows, balconies, or from any of the facades of the "PADMSHRI RESIDENCY - IV" Condominium, (4) It is prohibited to dust, rugs, etc. from the windows, or to clean rugs,etc, by beating on exterior part of the said Condominium. (5) It is prohibited to throw garbage or trash outside the disposal installations provided for such purposes 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 dustbin. (6) No owner, resident or lessee shall install wiring for electrical or telephone installation, television antennas, machines or air conditioning units.ctc., on the exterior ofthc"PADMSHRI RESIDENCY - IV" Condominium or that pro- trude through the walls or the roof of that Condominium except as authorized by the Association. __. . ..._--, CHAPTER VITI FUNDS AND THEIR INVESTMENTS 45) Funds: F~nds may be raise by the Association in all or any of the following ways. \~~ a) By shares; . . ,~; \~\~.TSU/~l ~---- b) ) By contributions and donations from th F' e apartments ow ;. >.' .... s' ~:, 1:6~ c 'rom common profits which shall from the 1 f ~' .• ;, serve Funds' nuc eus 0 C . ,; d) By raising l~ans, ifne~es ' . . ~\ . ," conditions as the Associa:~~~ s:~Ject to such terms an \ ~~,_ .._ 0 >~:, competent Authoritv md' lth the approval of the "16'1f ,-oJ'r', yJ J ay eern fit. . '# 46) Investment: The Association may invest or deposit its funds in one or more of the fOllowing; a) In the Central Cooperative Bank or in State cooperative Bank or District Cooperative Bank or b) In any of the securities as specified in section 20 of the Indian Trusts Act, I882,or c) If any Nationalized, Cooperative or Private Bank other than those referred to in clause a). d) In any banking company approved for this purpose by the Association. 47) Affiliation: Should there be any federation of apartment owners in the locality in which the "PADMSHRI RESIDENCY - IV"Condominium is situate, the Associa- tion may, after consulting the competent authority, become a member there of and pay the sums from time to time payable to such Federation under the rules thereof. 48) Accountants: [1] A banking account shall be opened by the Association in to which all moneys received on behalf of the Association shall be paid, provided that the Secretary may reatain in his personal custody an amount not exceeding Rs.5001- for petty expenses.All payment above Rs.5001- shall be made by cheque signed by the Secretary and one member of the Board. [2] Each apartment owner shall have a pass book in which the Secretary shall enter amounts paid to or received for his share in respect of profits from common areas and contributions towards common expenses, and his share of assessment and other dues, if any, in respect of his apartment. [3] The Association shall on or before 31st July in each year publish and get audited annual financial statement in repcct of the com mon areas and facilities eontaining:- (a) The profit and loss account: (b) The receipts and expenditure of the previous financial years; and (c) A summary of the property and assets and liabilities of the Association. giving such particulars as will disclose the general nature olthose liabilities and assets and how the value of fixed assets has been arrived at. [4] The audited financial statement shall be open to the inspection of any member of the Association during office hours and in the office of the Association and a copy thereof shall be submitted to the competent authority not later than 31 st March every year. [5] Every financial statement shall be accompanied by a complete --- 1-- q ~-;':--r I,;'~ ~ list of the apartment owners. There shall also accompany the - .... financial statement in a similar list ofloans. The linancial 1t~~13.~t~c. statement shall state up to what date profits and expenses of common areas are included. ~og~ 49) Publication of accounts and reports: d fthe rcport of the auditor. ir A copy of the last financlUIsutatcl11cntan , athe office 0f me , 1 A SSOclUlIon. '. , us place 111 any. shall be kept in a consplCllO 50) Appointment of Auditor:, 1meeting. an auditor who shall 1 ' t at Its genera d . The Association shal appom ared by the Boar as herein , ' 1'on to be prep . audit the accounts of the ASSOCIa1 1 urn and verify the same with the , the annua ret . before provided and shall cxanune ion tl e same as found by h1111 to be accounts relating thereto and shall either sI~thnlaw or specifically report to the ' a ccordance WI correct, duly vouc 1ie d an d 111 , ' orrect unvou dl ie d or not in accociation in what respect he finds It mc. ' accordance with law, 51) Power of Auditor: itled to call for and examine any papers or The Auditor shall be entitle" lati g to the common areas and ' d ocuments b e 1ongmg 0 e t th ASSOCiatIOn re attn d c: Tties) and common expenses tact ities C'inc 1u dimg liirm't e d co mrnon areas +: '1" < an .' taci 1 pon any matter connected and shall make a special report to the Assoctat~on u . . '. with the accounts which appears to him to reqUIre notIce, CHAPTERvm MORTGAGEES 52) Notice to Association: . , . An owner who mortgages his unit shall notify ,the ASSOCiatIon thr?ugh t h e M anager, Iif any, 0r the President of the Board III the event there , . IS no Manager, the name and address of the mort~agee and th: A~So,~lUtlOnshall _ maintain such information in a book titled as "Mortgages of Units . .~ . ~'~~" Ir ', •.•.•.. r . -"1"" <'J( \\,;1 I .... . 53) Notice of unpaid assessments: t! ::. The Association shall at the request of a mortgagee of a unit re r.r:"ny -\ unpaid assessments due from the owner of such unit. .If.', . 54) Compliance: CHAPTER IX ./ s.. l., Jt . These by-laws are set forth to comply with the requirement of the Maharashtra Apartment Ownership Act,1970, In case any of these ~1o.wI_-- conflict with the provisions kof the said Act, it is hereby agreed and uc 'C t~d~ _( that the provisions of the Act will apply, and prevail. Zic.~') (J , 55) Seal of the Association: ~ 0 ~< The Association shall have common seal which shall be in the cus 0 _ the secretary, and shall be used only under the authority of a resolution of the Board and every deed of instrument to which the seal is affixed shall be attested for or on bahalf of the Association by two members of the Board and the Secretary or any other person authorized by the Association in that behal f. ('IIAPTEI~ X AI\H:NUM ENTS TO PLAN OF APARI'MENTC )WNEI~SIIIP 51,) A Ill,·IIIhOI I'll I" uf hYc-law: , •! '1'1 IC'e 1'ye- 1uw Illay' he IIlIlCllllel1hy IlieAss"d,1I111" . .III ,I( !I.JlVCOJlsllllllc( ' ,I IIIcctin'" gil, xu CII 1'1I'1''''e 'IIII 1110all rend me III ,II" II tak cell '.cc I IIl1 Ic.ss '.. approvcc . hy owners represellllllg' .u ICil'lt (,0 percent ofthe totul value 0 ,'..1II unus' JIJ the "P;\J)MS"I~I I Jcclarut ion, RI':SIDI:NCY_ IV" (':OlldolllillilllJl as shown in the IN WITN I·:SS WIlI':I{I:( >F Ihe Grantor hcrcto set 0111 his hum! on this Deed of'J)cclaratioll Oil thi.~dilY of0'~Q()!<),al DIIlJLE. ,...._-- ....~,.- --4 ·,