F DECLARA UNDER SECTION 2 (A) OF MAHARASHTRA APARTMENT OWNERSHIP ACT, 1970. of ..SAI SAGAR'O This DEED OF DECLARATION is rdade and executed todav on dav of November 2019 at Aurangabad, BY 1) Mr. VITTHAL RAJARAM KALE (PAN - BKUPK 6930 N) Age:52 Years, Occu. : Business, R/o.: Satara Parisar, Aurangabad. 2) Mr. EKNATH RAJARAM KALE (PAN - AKIPK 0543 L) Age:-47 Years, Occu. : Business, R/o.: Satara Parisar, Aurangabad. Hereinafter called the "OWNERS / BUILDERS / GRANTOR" (which expression shall mean and include its executors, assignees, administrators, etc.) SCHEDULE((A)) WHEREAS, the Owners/Builders, are the absolute owners & possessors of the property bearing Plots No.7, 10 & 11, totally admeasuring 627.376 Sq.Mtrs. situated at Gut No.144, satara, Aurangabad and is as whole bounded as below - EAST 9.00 Mtrs. wide Road, West Land of Gut No.144lPart, SOUTH Land of Gut No.144lPart, NORTH Plot No. 6. r AND WHEREAS, the plot owners has purchased the above said plot No.7 by executing Sale Deed in the office of Sub Registrar, Aurangabad vide Regd. No.2210, dated2610512015 and Plots No.l0 & 11 by execuring Sale Deed in the office of Sub Registrar, Aurangabad vide Regd. No.1473, dated,0610412015 from Mr.Ferozkhan Bashirkhan and Other. AND WHEREAS, the land of Gut No.144 has granted non-agriculture permission uls 44 of Maharashtra land revenue code 1966 having no.2006,Masha/Jamin- 1/Akrushik/Pru.Kra.88/2008 Dated 3010112008 and Layout of the said land has sanctioned as per order no.682 Dated 26/5/2008 by Municipal ,Corporation, Auraneabad. AND WHEREAS, the plot owners has decided to develop the said plots & got Building Permission vide No.MCBIB/20191A-Jj00119 Dated 30/0y2019 from Municipal Corporation, Aurangabad. AND wHEREa-s;the "sAI SAGAR,, shall consist of parking * Four floors Building with Sixteen Residential Units. The Units are more clearly described as mentioned in SCHEDULE ,.8". EXPENSES ON FOLLOWING ITEMS WILL BE BOURN BY THE UNIT PURCHASER. l. Electrical power supply from M.S.E.D.C.L. The builder will be calculate the share ofeach unit purchaser taking in to consideration all the expenses needed to get power supply includes the cost of underground cable, Distribution Box, Mini pillar, New poles & transformer if needed. 2. Water supply from Municipal Corporation. a J. All Expenses needed to execute Agreement to Sale & Sale Deed. 4. All expenses needed to obtain loan facility from any Financial Institute/Bank if needed to unit purchaser. 5. All expenses needed for implementing changes in the unit over and above those enlisted in the declaration. 6. All Govt. Taxes like Service tax, VAT, G.S.T., Property Tax and all other taxes as applicable time to time. All expenses needed for formation and registration of flat owners co.op. society as applicable. BYE.LAWS OF "SAI SAGAR" CONDOMNIUM Chapter - I I. SHORT TITLE AND APPLICATION : a. These Byelaws may be called the byelaws of the "SAI SAGAR" Condominium. b. The Provisions of these byelaws apply to the "SAI SAGAR" condominium. All present of the future owner, tenants, further tenants, or there employees, or any other person that might use the facilities of the building in any manner, are subject to regulations set forth in these byelaws. The mere acquisitions or rental or 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 rectified, and will be complied with. IL DEFINITIONS : 1. In these byelaws, unless the context required otherewise. a. "Act'means the Maharashtra Apartment Ownership Act 1970 b. "Association" means the Association of the eitnre Apartment owners constituted by such owner for the purpose of "SAI SAGAR" condominium. c. "Board" means hoard of Managers consisting of 3 persons, all of whom shall be owner of apartment in "SAI SAGAR" condominium. d. "Building" means the building a located on property mentioned in Schedule-A known as "SAI SAGAR" condominium and includes the land formine part thereof. e. "Declaration" means the declaration, which the sole owner of the building or all the owner of building have executed and registered as provided in Section 2. f. "Majority of Owner" mean those owners holding 51 percent of the votes in accordance assigned in declaration. g. "owner" or "Apartment owner" means the person owning an Apartment in "SAI SAGAR" condominium. h. "Section" means a Section of the Act. i. "Unit" means a Flat & unit4Flat/Apaftment unit in ,,sAI SAGAR,' condominium. j. "Registrar" means the Registrar of co-operative Societies. 2' Words and expression used in these byelaws but not defined therein shall have the meaning respectively assigned to them in the Act. 3. APARTMENT OWNERSHIP : The Flat &Unit/FlatlApartment are located on property mentioned in Schedule-A, known as "SAI SAGAR" condominium is submitted to the provisions of the Act r970. 4, OBJECT OF ASSOCIATION : a. The object of the Association shall be. . ... i' To be and to act the Association of flats & flatowner of the building called ,,SAI SAGAR" hereinafter called as "the said building") who has filed their respective Declaration submitting their apartments to the provisions of the Act. ii. To invest or deposit money. iii. To provide for maintenance, repair and replacement of the common areas and facilities by contributions from the apartment owner, and if necessary, by raising loans for the purpose. iv. To retain, and license if possible, suitable portions of common areas to outsiders for commercial purpose; and to distribute the common profits left deducting the common expenses against the Apartment owner as common profits or accumulate same for building up a reserve fund. v. To provide and do all and many of the matters provided in sub-section(2) of Section 16. vi. To advance, with the consent of the Apartment owner, any short term loans to any apartment owner in case of any emergent necessary. vii' To establish and carry on, on its own account or jointly with individuals or institutions, educational, physical, social and recuperative activities for the benefit of the apartment owner. I viii. To frame rules, with the approval of the general meeting of the Association and after consulting the component authority and may establish provident fund, if necessary, for the benefit of the employees of the Association. ix. To do all things necessary or and otherwise provided for the attain of the objects specified in these byelaws. 5. MEMBERS OF ASSOCATION : a. All persons who have purchased apartment or Flat or Flat owner of each unit in "SAI SAGAR" condominium and executed respective Declaration under section submitting their apartment to provisions of the act shall automatically be the member of the Association and shall pay the sum of one hundred rupees as entrance fee and may purchase at least one share of the face value of Rs. 5000/- each. Each member shall receive a copy of the byelaws on payment of one hundred rupee. b. Upon any apartment owner selling his apartment or absolutely conveying the same by way of gift, under his will or otherwise, the purchaser shall become a member on payment of such transfer charges as may be decided by the association from time to time. c. On the death of apartment owner, his apartment shall be transferred to the person or persons to whom he bequeaths the same by his will, or to the legal representatives of his estate, in case he has not made any specific bequest of the Apartment. The name of the legatee or the names of the legal representatives jointly shall be entered in the purpose of administration of the "SAI SAGAR" condominium as apartment owner or joint apartment owner. Whereas any legatee is a minor, the apartment owner shall be entitled to appoint a guardian of such mmor. 6. JOINT APARTMENT OWNER : Whereas an apartment has been purchased by two or more persons jointly, they shall be jointly entitled to the apartrnent and shares of the association shall be issued in their joint names, but the persons 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 at least one share of the Association (Joint apartment owner holding the share jointly). 8. DISQUALIFICATION : No apartment owner shall be entitled to take part in the election of members of the Board of President, Secretary, Treasurer or any other office bearer or be entitled to stand for election to such office if he is in arrears if any sum due from him in respect of his contributions for common expenses, for more than sixty days on the last day of the year preceding the year in which the election to the Board would take olace. Chapter - II VOTING OUORUM AND PROXIES : 9. VOTING : Each apartment owner shall be entitled to one vote. 10. QUORUM : Except as otherwise provided in these laws, presence in person of a majority of apartment owners shall constitute a quorum. 11. VOTES TO BE CAST IN PERSON : Votes shall be cast in person. Chapter - III t2. POWERS AND DUTIES OF ASSOCIATION : The Association will have the responsibility of administering the "SAI SAGAR" condominium, approving the annual budget, establishing and collecting monthly assessments and arranging for the management of the condominium in an effrcient manner, expert as otherwise provided, resolutions of the Association shall require approval by majority of owners, casting votes in person. 13. PLACE OF MEETING : Meeting of the Association shall be held at suitable place convenient to the owners as may from time to time designate by the Association. 14. ANNAUL MEETING : The first annual meeting of the association shall be held on the first December after the compliance of necessary formalities of the association and thereafter the annual meeting of the Association shall be held on the 1u December each succeeding year. At such meeting there shall be elected by I ballot of the apartment owner a Board of Managers in accordance with the requirements of bylaw 23. The owner may also transact such other business of the Association as may properly come before them. 15. SPECIAL MEETINGS : If shall be the duty of the President to call a special meeting of the apartment owner as directed by a resolution of the board or upon a petition signed by a majority of the owner and having been presented to the Secretary, or at the request of the Housing Commissioner, or as the case may be the Registrar or any officer duly authorizedby him in this behalf. The notice of any special meeting shall state the tie and place of such meeting and the purpose thereof. No other business shall be transacted at special meeting except as stated in the notice without the consent of four fifths of the owner present in persons. 16. NOTICE OF MEETING : If shall be the duty of the Secretary to mail or send a notice of each annual or special meeting the purpose thereof as well as the time and place where it is so held, to each apartment owner, at least 2 but not more thatT days prior to such meeting. The mailing or sending of a notice in the manner provided in this byelaw should be considered notice served. Notice of all meetings shall be mailed or sent to the Housing Commissioner. or as the case may be, the Registrar. 17. ADJOURNED MEETING : If any meeting of owner cannot be organized because a quorum has not attended the owner who present, may adjourn the meeting to time not less than forty eight hours from the time original meeting was called. If at such adjourned meeting also, no quorum is present the owner present in person being not less than two shall form quorum. 18. ORDER OF BUSINESS : The order of business at all meetins of to 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. Report of the Housing Commissioner, or the Registrar, or the Officer duly authorized by them, if present. f. Report of committee g. Election of Board Managers I - h. Unfinished business. if anv i. New business Chapter - IV (Board of Managers) 19. MANAGEMENT OF ASSOICATION : A board of Managers shall govem the affairs of the Association. 20. POWER AND DUTIES OF BOARD : The board of Managers 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 bylaw, or by these bylaws directed or be exercised and bone by the owner. 21. OTHER DUTIES : In addition to duties imposed by these byelaws or by resolutions of the association, the board shall be responsible for the following that is to say : a. Care, upkeep and surveillance of the "SAI SAGAR" condominium and the common areas and common facilities and the restricted common areas and cofilmon facilities. b. Collection of monthly assessment from the owner. c. Designation, employment, remuneration and dismissal of the personnel necessary for the maintenance and operation of the "SAI SAGART' condominium. the common areas and common facilities the restricted common area and common 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, andlor the Treasure, and examine the registers and account, books and to take steps for the recovery of all sums due to the Association. f. To sanction working expenses, court as balance and deal with other miscellaneous business. g. To see that cashbook is written up promptly and is signed daily by one of the members of the Board authorized in this behalf. h. To hear and deal with complaints. - 22. MANAGER : The Board may comply for the Association a Manager at a compensation determined by the Board to perform such duties and services as the Board shall authorize including, but not limited to the duties listed in bylaw 21. 23. ELECTION AND TERM OF OFFICE : At he first annual meetine of the Association, the term of the office of two managers, shall be fixed for three years. The term of office, of two managers, shall be fixed at two years, and the terms of office of one Manager shall be fixed at one year. At the expiration of initial term of office, of each respective Manager, his successor shall be elected to serve a term of three years. The manager shall hold their first meeting. (If a larger 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 Board caused by any reason other than the removal of a Manager by a vote of the remaining managers, even though they may constitute less than a quorum, and each person so elected shall be a 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 owner and a successor may then and there by elected to fill the vacancy thus created. Any manager whose removal has been proposed by the owner be given an opportunity to be in the meeting. 26. ORGANIZATION MEETING : The first meeting of a newly elected Board shall be held within ten days of election at such place shall be fixed by the Managers at the meeting at which such Manager were elected and no notice shall be necessary to the newly elected Manager in order legally to constitute such meeting, provided a majority of the whole Board shall be present. 27. REGULAR MEETING : Regular meeting of the Board may be held at such time and place as shall be determined from time to time, by majority of Managers, but at least two such meetings shall be held during each year. Personally or by mail, or telegraph, at least three days prior to the day named for such meetings. 28. SPECIAL MEETINGS : Special meetings of the Board may be called by the President on three days notice to each manager, given personally or by mail, or telegraph which notice shall stage the time, place (as hereinabove provide) and , - LI 34. REMOVAL OF OFFICERS : Upon an affirmative vote of a majority, of the members of the board any officers may be removed, either with or without cause) and his successors elected at any regular meeting of the board, or at any special meeting or the Board called for such purpose. 35. PRESIDENT : The president shall be the Chief Executive Officer of the Association. He shall preside at all meetings of the association and of the board. He shall have all of the general powers and duties which are usually vesting the office of president of an Association, including, but not limited to, the power to appoint committees from among the owner from time to time as he may in his desecration decided to be appropriate to assist in the conduct ofthe affairs ofthe 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 heightens the president nor the vice president is able to act, the 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 such other duties as shall form time to time by imposed upon him board. 37. SECRETARY : The secretary shall keep and maintain the minutes of all meetings of the Board and the issues of all meetings of the Association, he shall have charge of such books and papers and the board may direct and he shall in general, perform the duties to the office of the secretary. 38. TREASURER : The Treasurer shall be responsible for Association Funds and securities and shall also be responsible for keeping full and accurate account of the receipts and disbursement in books belonging to the Association. He shall responsible for the deposit of all money and other valuable effects in the name and to the credit of the Association in such depositaries as any form time to time be designated by the Board. Chapter - \{I Obligations of the Apartment Owner 39. ASSESSMENTS : All owners are obliged to pay monthly assessments imposed by the Association to meet all expenses relating the "SAI SAGAR" I t2 condominium which may include an insurance premium, for a policy to cover repair and reconstruction work in case of hurricane, fire, earthquake or other hazard or calamity. The assessments shall be made prorate according to the value of the unit owned, as stipulated in the declaration. Such assessment shall include monthly payments to a general operating reserve and a reserve fund for replacement. 40. MAINTENANCE AND REPAIR : a. Every owner must perform promptly, all maintenance and repair work within his own unit which if omitted would affect the "SAI SAGAR" condominium in entirely or in a part belonging to other owner, being expressly responsible for the damages and liabilities due his failure to do so. b. All the repairs of internal installations of the unit such as water, light gas, power, sewage, telephones, air conditions, sanitary installations, doors, windows, lamps and all other accessories belonging to the unit area shall be at the expense of the apartment owner concerned. c. An owner shall reimburse the Association for any expenders incurred in repairing or replacing any common and facility damage through his fault. 41. USE OF FAMILY LINITS INTERNAL CHANGES : a. All units shall be utilized for residential purpose only. b. An owner shall not make any structural modifications or alterations in his unit or installations located therein without obtaining prior written permission from the Board of the Association. 42, USE OF COMMON AREAS AND FACILITIES AND RESTRICTED COMMON AREA FACILITIES : a. An owner shall not place or cause to be placed or caused to be placed in the lobbies, vestibules, stairways, elevators, and other areas, of "SAI SAGAR" condominium and facilities of a similar nature both common and restricted any furniture's packages, or objects of any kind areas shall be used for no other pulpose than for normal transit through them. b. Proportionate Expenses of maintenance & repair of common toilet, electricity and water charges should be bourn by all unit owners. 43. RIGHT OF ENTRY : 13 a. 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 an emergency originating in or threatening his unit whether the owner is present in time or not. b. An owner shall permit other owner, or their representative when so required to enter his unit for the purpose of performing installations, alterations, or repairs to the mechanical services, provided that requests 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. 44. RULES OF CONDUCT: a. No resident of "SAI SAGAR" condominium shall post any advertisement, or posters of any kind in or on the building except as authorized by the association. b. Unit owner shall exercise extreme care about making noises or the use of musical instruments, radios, televisions, and amplifrers that may disturb others. Unit owner keeping domestic animals shall abide by the Municipal sanitary by law or regulations. c. It is prohibited to hang garments, rugs etc. from the windows balconies or from any of the facades of the "SAI SAGAR" condominium. d. It is prohibited to dust rugs etc. from windows or clean rugs etc. by beating on the exteriorpart of "SAI SAGAR" condominium. e. It is prohibited to throw garbage or fresh outside the disposal installations provided for such purpose, in the service areas. Ifsuch installation is not provided, all garbage or fresh shall be collected in a Vessel and thrown in the Municipal Dustbin. f. No owner resident or lessee shall install wiring for electrical or telephone installation, television antenna machines of air conditioning units etc. on the exterior of the "SAI SAGAR" condominium or that protrude through the walls of the roof of the condominium except as authorized by the association. Chapter - VII 45. FUNDS : Funds may be raised by the Association in all or any of the following ways, namely, a. Bv shares: 1.4 b. By contributions and Donations from the apartment owner; c. From common profits 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 his behalf. 46. INVESTMENTS : The Association may invest or deposit its funds in one or more of the following. a. In the Central Co.Op. Bank or in the State Co.Op. Bank or, b. In any of the securities specified in section 20 of the Indian Trusts Act, 1882, or, c. In any Co-Operative Bank other than those referred to in clause(a) of this by law, or in any banking company approved for this purpose by the Association. 47. AFFILIATION : Should there be any federation of apartment owner in the locality in which the "SAI SAGAR" condominium is situate, the association may after consulting the competent authority, become a member thereof, and pay the sums from time to time payable to such federation under the rules thereof. 48. ACCOI.INTS: a. In Banking accounts shall be opened by the Association into which all minuets received on behalf of the Association shall be paid, amount not exceeding Rs. 10,000/- for petty expenses. All payments above Rs. 1,000/- shall be made by Cheque signed by the Secretary, and one member of the board. b. Each apartment owner shall have passbook in which the secretary shall enter amounts paid to or received for his share, in receipts, or profits from common areas and contributions towards common expenses, and his share of assessment and other dues, ifany in respect ofhis aparhnents. c. The Association shall on or before 31" July, in each year publish an audited financial statement in respect of the common areas and facilities containing. d. The profit & Loss account; e. The receipt and expenditure ofthe previous financial year, and f. A summary of the property of the Association giving such common area and facilities of the association giving such particulars as will disclose the general 15 nature of these liabilities and assets and how the value of f,rxed assets has been arisen at. i. The audited frnancial statement shall be open to the inspection of any member of the Association during office hows and in the offrce of the Association and a copy thereof, shall be submitted to the competent authority not later 15d' August, every year. ii. Every financial statement shall be accompanied by a complete list of the apartment owner. There shall also accompany the financial statement shall state up to what date profits and expenses of common areas are include. 49. PUBLICATION OF ACCOUNTS AND REPORTS : A copy of the last financial statement and of their report of the auditor, if any shall be kept in coniferous place in the office of the Association. 50. APPOINTMENT OF AUDITOR : The Association shall appoint at its general meeting an auditor who shall audit the accounts of the association prepared by the Board, as herein before provided and shall examine the annual return, and veriff the same with the accounts relating thereto and shall either sign the same as found by him to be correct duly vouched and accordance with law, or specially report to the Association upon any matter connected with the accounts which appears to him to required notice. 51. POWER OF AUDITOR : The auditor shall be entitled to call for examine any paper or documents belonging to the Association relating to the common areas and facilities (including limited common areas and facilities), and common expenses and shall make a special report to the Association upon any matter connected with the accounts which appears to him to required notice. Chapter - VIII 52. NOTICE TO ASSOCIATION : An owner, who mortgages his unit, shall notifi the Association though the manager, if any or president of the board and the Association shall maintain such information in a book titled as "Mortgagee of Units". 15 53. NOTICE OF UNPAID ASSESSMENT : "The Association shall at the request of mortgagee of a unit report any unpaid assessments due from owner of such unif'. Chapter - IX Compliance 54. COMPLIANCE : These byelaws are set forth to comply, with the provisions of the Maharashffa Apartment Ownerships Act 1970. In case and of these byelaws conflict with the Provisions of the said Act, it is hereby agreed and accepted that Provisions of the Act will apply. 55. 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 Board and every deed of instrument to which the seal is affixed shall be attested for or on behalf of the Association by two members of the board and secretary or any other person authorized by the Association in that behalf. Chapter-X Amendments to bv-laws Apartment Ownership 56. AMENDMENTS OF BY-LAWS : These bye-laws may be amended by the Association in a duly constructed meeting for such purpose and no amendment shall take effect unless approved by owner representing at least 75% of the total value of all units in the "SAI SAGAR" condominium as shown in the declaration. L7 SCHEDULE "C)' SPECIF'ICATION OF' CONSTRUCTION I R.C.C. Framed structure with extemal Brick walls 6" thick and intemal4" thick brick walls. 2. Internal neeru finished plaster with O.B.D. Paint & External sandfaced plaster with cement Painting. a J. Ceramic tiles flooring for all rooms andGlazed tiles dado in toilets. 4. Black sranite kitchen otta with S.S. sink. 5. Main door with T.W. Frame & laminated flush door and other doors will be oil painted flush doors with R.C.C. Frames. 6. Windows aluminium fully glazed with M.S. grills. 7. Electrification of concealed wiring with 3.5 points in each room and one power point in kitchen. 8. Common U.G. and O.H. water tanks with bore well water supply will be made available if required. 9. Stilt parking provided in building will be used as common parking for residential units only. 10. Parking and Marginal open space on ground floor will be covered by concrete. 18 IN WITNESS WHEREOF this Declaration is executed and signed by the OWNERS/BUILDERS/GRANTORS on the day, date and year mentioned above in the presence of witnesses. SIGNED AND DELIVERED BY OWNERS / BUILDERS / GRANTORS : I) MT. VITTHAL RAJARAM KALE, 2) Mr. EKNATH RAJARAM KALE. \ Age : _ years, Occu. : R/o. : Age: years, Occu. : R/o. : T7 SCHEDULE6'C)) SPECIF'ICATION OF CONSTRUCTION I R.C.C. Framed structure with extemal Brick walls 6" thick and intemal4" thick brick walls. 2. Intemal neeru finished plaster with O.B.D. Paint & External sandfaced plaster with cement Painting. 3. Ceramic tiles floorins for all rooms andGlazedtiles dado in toilets. 4. Black granite kitchen otta with S.S. sink. 5. Main door with T.W. Frame & laminated flush door and other doors will be oil painted flush doors with R.C.C. Frames. 6. Windows aluminium fully glazed with M.S. grills. 7. Electrif,rcation of concealed wiring with 3.5 points in each room and one power point in kitchen. 8. Common U.G. and O.H. water tanks with bore well water supply will be made available if required. 9. Stilt parking provided in building will be used as common parking for residential units onlv- 10. Parking and Marginal open space on ground floor will be covered by concrete.