_ ~~..I"'~ - 17- ~;r( ~,h .. ?--,'"'l,\C /iJit) _ -r0' - ..-6""' 35. That if the property, subject to the plan of apartment ownership is totalUy or substaintia1ly damaged or destoryed, the repair, reconstruction or dispositionof the propertyshall be as providedby the MaharashtraApartment Ownership Act, 1970. 36. That where a family unit is sold by a mortgagee in exercise of his powers of sale under an English Mortgage or by a court in execution of a decree in a suit brought by a mortgage against the owner of such family unit then neither the mortgagee nor the purchaser who derives title to the family unit at such sale or his successors or assigns shall be liable, for assessments by the association which become due prior to the acquistion of title by such acquirer, it being understood, however that the above shall not be construed to prevent the association of apartment owners from filling and claiming charge for such assessments and enforcing same as provided by law, and that such charge shall be subordinate to such mortgage. 37. That in a voluntary conveyance of a family unit the grantee of the unitshall bejointly and severally liablewith the grantor for aD unpaidassessments by the association of apartment owners against the latter for his respective share of the common expenses upto the time of the grant or conveyance without prejudiceto the grantees right to recoverfrom the grantor the amounts paid by the grantee therefor. However, any such grantee shall be entitled to a statement from the Manager or Board of Managers of the association, as the case may be setting forth the amount of the unpaid assessments against the grantor due to the association and such grantee shall not be lIabie for, nor shall the family unit conveyed by subject to a charge for. any unpaid assessments made by the association of apartment owners against the grantor in excess of the amount therein, set forth. 38. The amendment to this Declaration will be effected after passing a resolution to that effect in the meeting of all the Apartment Owners and for such resolution the consent of each apartment owner of the same will be oecesaryand in persuanceof the resolution passed the Boardof Managers will be entitled to effect such amendment if registered. 39. The service of the notice andl of summons or any type of the correspondencewill be made at the address above mentioned of the persons concerned and/or the addressess subsequ.entlyInformed by the Apartment Owners to the Board of Managers in writing_ IN WITNESS WHERE OF THE GRANTORS HAVE SIGNED ON THlS DAY DATE AND YEAR FlRST MENTIONED ABOVE.. .- - - 18- SIGNED SEALED AND DELIVERED BY THE WITHIN NAMED GRANTOR OWNER 1.SHREYA PROPERTIES PVT LTD Through its Directors ~~ 1) SHRI. BHARAT RAMJILAL SINGHAL --.•- •....::-.-....:-.--"~~~~~ PROMOTER SCHEDULE OF THE SAID PROPERTY (Hereinabove reftered to) All that piece parcel of land bearing S. No. 79211 A I 1+ 2+ 3 17 18, Plot No.7 18, admeasuring 854.18 sq. mtr.out of which area admeasuring 34.87 sq. meter transfer to Nashik Muncipal Corportion lying and being at Nashik Shiwar, having bounded as under:- On or towards East By Plot No 9 On or towards West By 12 MTR DP Road On or towards South By Plot No 5 & 6 On or towards North By Part of S. No. 792/1 II the said properties together with soil, sub soil, casement. hereditaments, tenements, etc. EXHIBIT "B" BY LAWS OF SHREYA HEIGHTS APARTMENT CONDOMINIUM CHAPTER 1 1) SHORT TITLE & APPLICATION These By·laws may be called the By-laws of the SHREYA HEIGHTS. ~r.( '" 0,')< /lJi!) ~-r6-t::>j The provisions of these By-laws apply to SHREYA HEIGHTS All presents orfuture Cl'Mlers,tenants, future tenants orthetr employees or any other persons that might use the facilities of the building in any manner, are subject to the regulations set forth in these By-laws. The mere acquisition or rental or taking on licence of any of the family units (Hereinafter referred to as the 'Units") of the building or mere act occupancy of any of the said units will signify that these By- laws are accepted. ratified and will be complied with. 2. DEFINITIONS: 1) In these By-laws. unless the context requires otherwise. a "Act' means the Maharashatra Apartment Ownership Act, 1970. b. •Association" means the association of all the Apartment Ownersconstitutedby such owners for the purposeof the SHREYA HEIGHTS c. "Board" means a Boardof Managersconsistingof 5 persons all of them who shall be owners of apartment in the SHREYA HEIGHTS d. 'Building' means the building located at S. No. 79211 A I 1+ 2+ 3 I 7 I 8 ,Plot No.7 18, admeasuring 854.18 sq. mtr.out of which area admeasuring 34.87 sq. meter transfer to Nashik Muncipal Corportlon lying and being at Nashik Shiwar, and known As the SHREYA HEIGHTS and includes and land forming part thereof. e. "Declaration" means the declaration which the sole owners of the building or all the owners of the building have executed and registered as provided in the 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' or 'Apartment Owner' means the person owing an apartment in the SHREYA HEIGHTS h. 'Section' means a section of the Act. i. 'Unit"means a family unit in the SHREYA HEIGHTS - 20- ~~;;'-~ "'1"-\