-l--.- I -:l --'l I .l 104/6684. Yrdft Odginal/Duplicate t4/ednesday,September 20,2A 17 dt''eqft'fi.:39q 1:28 PM Regn.:39M . TFfriii.: 13639 frcis: 2010912017 rmricrq:nrRr{,ffts qifi,cis,: ;RFt1 -6684-201 7 e1-51i1:frqsntt=r !: rlr lmx Deeb ico X lox loI _..-J '1 ,ir' 1.,1 t-$,wry;q i i.'r'iliif ---...-.-..-.'.-:'.,-------.--* i. 1*l L" 1. Mr. VINOD LALITKUMAR CHHAJED, Age : 43 yrs, Occ. :Agriculturist and Business, PAN NO-AAYPC 11OO B R/O- 4, Dattatray Darshan Socieg, Behind hotel Sibal, Trimbak Road, Nashik 2. MT. SANDIP NAYANSUKH BHRAMECHA , Age :45 yrs, Occ. : Business, { Pan No- AEJPB C1329 N fl,lo-7Q2, "Khushi " Down Town, NearArihant Hospital, Gangapur Road, Nashik f-' 3. M-T. SUSIJIL PUKHRAJ RACCA , Age : 51 yrs, Occ. : Business, i_i Pan No- ADMPft 4740 F R/o- F,gnval Nagar, Ved Vyas Nagar, Dhul,e, Tal. & Dist - Dhule. 4. MT. PRAKASH KAPURCHAND KOTECHI\, Age: 66 yrs, Occ. : Business, Pan No- MZPK 8056 D 5. Mrs. VIMALA PRAKASH KOTECHA, ,"] Age : 63 yrs, Occ. : Business, Pan No- AAZPK 8177 F 'l'-'' 6. Mr. SACHIN PRAKASH KOTECHA, Age: 38 yrs, Occ. : Business, Pan No-ABJPK 9156 F 7. Mr. RAHUL PRAKASH KOTECIIA, Age: 33 yrs, Occ. : Service , Pan No- AHEPK 3837 A No- 4 to 7 are residing at - 31, Vidhya Nagar, NearAkashwani Chouk, Jalgaon ,TalAnd Dist. Jalgaon. Through their G.P.A. holder 8. NIRMITI BUILDTEK I I A registered parlnership firm through having office at - a 302, Ronak Height, Near Sony Paithani, Racca Colony, Sharanpur Road, Nashik - 422 002 PAN - MMFN 7424 R Through.it's partners ffi Q, A) MR. YASHPAL ABHAY TATIYA, Age: 35 yrs, Ocr:. : Business, PAN - ACRPT 4624 J Rlo. 17, Manik Towers, Canada Corner, Nashik _S B) MR. DEEPAK BALASAHEB DH.ARRAO, Age: 36 yrs, Occ. : Business, PAN -. AEI.PD 2988 K R/o. 7, Ankit Littile Heart, Dadoji Konddev Nagar, Gangapur Road, Nashik -- 422 OOz Hereinafter referred to as " THE GRANTORS (oRlGlNAL owNERs AND BUILDER/DEVELOPER) ,' for the sake of brevity, who are fully empowered and qualified to execute this deed as *)' follows:- WHEREAS. (1) Dagcluram Bivraj Bora and others were rhe owners of the survey No- 108/1 of Vilrage Nashik, Tal and Dist. Nashik. This property has corresponding c.T.s. No. 613g part. In the year 1960, Dagduram Bivraj Bora and others solcl area admeasuring 3637.10 sq.Mtrs. frorn the said rand to shri. Murlidhar Ramchandra a Bhutatda on 1311011960. Accordingly sale deed is executed in between the parties and the same is duly registerecl in the office of Sub registrar, Nasik on the same day at Sr. No. g1O . shri. Murlidhar Ramchandra Bhutatda died on 26t06t192s. The said property was purchased from the money of the partnership firm i.e. M/s. Murlidhar Ramchandia and company. Hence the Legal representative of Deceased Murlidhar Ramchandra Bhutada executed ilre declaration and accordingly given an application to the Tafathi. The said declaration was duly registered in the office of sub-Registrar, l,lashik on 24t1011g7s at sr. No. 2077. In view of the said decfaration, the application given to Talathi was allowed and the property was mutated in the name of M/s. Murlidhar Ramchandra and Company. -'d -: Itot'e 'The said partnership firm and its partner sold the said property to the Grantor Nos. 1 to 7 on 31|12PAO7 and the said sale deed is registered in the office of the Sub Register , class lt Nashik - 4 on 1910312007 on 19/03/2008. Accordingly the names of the vendors were mut;ated in revenue record i.e. C.T.S. record and also 7112 extracts. l2l Al'lD WHEREAS, thus the Grantor Nos. 1 to 7 have f become absolute owners of the said property with effect from that date. As owners they ltave absoiute rights in respect of the said rt'''" 1t.,,.". property. Thus in views of these rights, the Grantor Nos. 1 to 7 I have decided to develop the said property. Accordingly they have purchased additional T.D.R. admeasrlring 560.00 Sq.tvltrs. from Suresh Meghraj Loya and 895.00 Sq.Mtrs. from Deepak Kanhaiyalal Manwani. By availing the T.D.R. of 1270.00 Sq.Mtrs. as described above, the Grantor Nos. 1 to 7 prepared the Building plan and got it approved from Nashil: lvlunicipal Corporation, Nashik by its Order No. LND/BPiC-1l 46111888/15, dated 3111012015.1n respect of the said pi'operty, N.A. permissicn is granted by the order of Collector, Nasik bearing LNA/SR/204/60i dated 2810211961, ri As per the said building plan, the proposed building is comprising residentialflats and also commercial shops and offices. Thus, the Grantor llos. 1 tb 7 have decided to construct the BUILDING upon the property which is described in SCI-IEDULE - 1 hereunder written. (3) As mentioned above, the Grantor Nos. 1 to 7 have decided to develop the said property by making construction thereon. Being the owners, they had full right, title and authority to develop and sale the constructed portion upon the said property. I The Grantor No. 8, is the registered partnership firm, which is being represented by 8 (A) Shri. Yashpal Abhay Tatiya and 8 (El) 7 Mr. Deepak Balasaheb Dharrao, who are the Builders/developers by professicrn and are desirous of developing the said property. /lots; The owners (who are the Grantor Nos. 1 to z in this agreement) decided to handover the said property for development, which is more particuraily described in the schedure I hereunder written. Accordingly, the owners (who are the Grantors Nos. 1 to 7 in this Deed of Decraration of Apartment) have assigned the property which is more particularly describecl in the schedule I herein below, to the Grantor No. g, which is a buirder/ {everoper, on the development basis. Accordingry deveropment agreement is executed in betvreen the parties on 1st07t2017, and the same is duly registered in the office of sub registrar, Nasik-1at sr. No. 513412017. In accordance with the said development agreement, the olners have also executed General power of Attorney dated 1510712017 in favoui of the Grantor No. g, which firm is the Builder/Develcper, which is also duly registered in the office of the sub-registrar Nasik -' 1 at sr. No. s1}stzo17 on the same date. (4) The title of the said property which is more particularly described in the schedure I herein below, is cledr, marketable and free from encumbrances. similarV all the requisite permissions for the construction are obtained by the Grantors. (5) The Grantor has accordingly commenced the construction upon the said property and of ther tluitding,namely J "TOWN SQUARRE APARTMENT' . (6) Tlre Grantors being the owners and the Developer have absolute 'right and authority to enter into a deal and or transaction in respect to the various constructed portions of the said property. (71 The said building consists of two wings. The first part consists of shop premises and office premises. The second part a consists of residential units. In this residentiat part as per the sanctioned Building plan two wings are made, The first wing is A' ! '_ l-tru .! i I I ryffiq'rT -ii *;t,{ eAt1r"1;, -- (T-'- -'-- -t l------r.r"*.-Jll -' I tlL.--..---.- \s = i ---J Wing and second wing ir;'B'Wing. Hence, the flats in 'A'wing are numberred starting frcm 'A' and the flats in 'B' wing are numbered starting from'B'. The first part is two storied, i.e. ground floor and one upper floor. Wing -- A and B of the second paft is seven storied, i.e. ground floor and six upper floors. All the units are all capable of individual utilization, on account of having their own exit to a common area and facility of the building and the apartment will be sold to one or more owners each owner obtaining a particular and exclusive property right there to and each apartment constituting a heritable and transferable, immovable property within the meaning of any law for the time being in force in the state (hereinafter :t referred to as constructed unit) and also an undivided interest in the general and / or restricted common areas and facilities of the a .;- building as listed hereinafter in this deed necessary for their adequate use and enjoyment all of the above in accordance with the Maharashtra Apartment Ownership Act 1970. f (S) That the aforesaid buiHing has a total constructed area of 4902.53 Sq.Mtrs. However, this area is as per the plan approved by Nashik Municipal Corporation, Nashik which includes common areas also, but excludes F.S.l. free area, such as Terrace, Cupboards, Balconies, etc. The details of the each unit, it's area, it's % of Ownership rights, and it's % of voting rights are mentioned as under. Part-A : Commercial units Ground Floor Shop Area in ttame of owner %ot % of voting No. Sq. Mtrs. ownership rights Of Ground floor Carpet area + Lolt area 53.93 Yet to be sold 0.90 % 3.29 % 40.55 Yet to be sold | ""il ' I j,'r,n:,1, ( 6Ag t 3 44.97 Yet to b,:rsoid' o.zs la---- 2.74 o/o 4 44.97 Yet to be sold O.75 olo 2.74 % 5 40.55 Yet toEe sola 0.68 % 2.47 o/o 6 44.97 Yet to oe sold 0.75 olo 2.74 % 7 126.59 Yet to be sold 2,12 % 7.71 olo I 40.31 Yet to beaoiA 0.68 % 2.46 o/o I 36.33 Yet to be sold 4.61 olo 2,,21 0/o 10 40.31 Yet to be sold 0.68 % 2.46 o/o 11 40.31 Yet to fe sotO 4.68 % 2.46 % tz 38.33 Yet to be sold 0.64 olo 2.34 olo 13 38.33 Yet to be soiA 0.64 % 2.34 o/o 14 40.97 Yet to be sola 0.69 % 2.50 o/o 15 52.19 l!!Lo bq sold 0.87 olo 3.18 % 16 36.33 Yet to be sold 0.61 % 2.21 % 17 40.31 Yet to be sold 0.68 % 2.46 % 18 40.31 Yet to be sold 0.68 % 2.46 olo 19 40.31 Yet to be sold 0.68 % 2,46 0/o 20 36.33 Yet to be sold 0.61 0/o 2.21 % 21 67.40 Yet to be sold 1.13 % 4.11 olo J) Part - A First Floor Office Area Name of owner %ot 7o of voting No. Sq. Mtrs. ownership rishts 1 35.95 Yet to be sold 0.60 % 2.19 o/o 2 27.03 . Yet to be sold 0.45 % 1.65 olo 3 29.98 Yet to be sold 0.50 % 1.83 % 4 29.98 Yet to be sold 0.s0 % 1.83 olo 5 27.03 Yet to be sold 0.4s % 1.65 % 6 29.98 Yet to be sold 0.50 % 1.83 % 7 84.39 Yet to be sold 1.41 0/o 5.14 olo I 26.87 Yet to be sold 0.45 o/o 1.64 % I 24.22 Yet to be sold 0.41 % 1.48 o/o 10 26.e7 Yet to be sold 0..{5 % ' 1.64 olo 11 26.87 Yet to be sold 0.45 % 1.64 % 12 25.55 Yet to be sold 0.43 % 1.56 olo 13 25,55 Yet to be sold 0.43 olo 1.56 % 14 27.31 Yet to be sold 0.46 0/o 1.66 o/o 15 34.79 Yet to be sold 0.58 % 2.12 % 16 24.22 Yet to be sold 0.41 % 1.48 % 17 26.87 Yet to be sold 0.45 olo 1.64 olo 18 26.87 Yet to be sold 0.45 % 1.64 % 19 26.87 Yet to be sold s.45 % 1.64 olo 20 24.22 Yet to be sold 0.41 % 1.48 olo 21 44.93 Yet to be sold 0.75 o/o 2.74 o/o re trtrr,rr !!r -_ll-rtt . ar-,tt.Jr,rt.r:r \\ 6,;/'GF';'i')* ff*#,i'fj *rSIi?' Part-B : Residential units Stiltl Floor Flat Area Name of owner o/o of % of voting No. Sq. Mtrs. owlrership rights A-1 52.76 Yetto be sold 0.88 % 1.22 % A-2 54.1 Yet to be sold 0.91 olo 1.25 olo B-l 52.76 Yet to be sold 0.88 % 1.22 % B-2 54.1 Yet to be sold 0.91 olo 1.25 % B€ 54.1 Yet to be sold 0.91 olo 1.25 % B4 70.83 Yet to be sold 1.19 % 1.64 % I Part - B Residential unilts First Floor Flat Area Name of owner 1/o ot % of voting -.. No. Sq. Mtrs. ownership rishts A-3 52.76 Yet to be sold 0.88 % 1.22 % A-4 54.1 Yet to be sold 0.91 % 1,25 % B-5 52.76 Yet to be sold 0.88 % 1.22 % B-6 54.1 Yet to be sold 0.91 % 1.25 ola B-7 54.1 Yet to be sold 0.91 % 1.25 olo B-8 70.83 et to be sold 1.19 % 1.64 o/o Part-B : Re.sidential units Second Floor Flat Area Name of owner olo ct % of voting No. t. Mtrs. ownershl _ rights A-5 52.76 Yet to be sold 0^8m 1.22 olo A-6 107.26 Yet to be sold 1.80 2.48 % A-7 197.34 Yet to be sold 3.31 4.56 % A-8 119.76 'et to be sold 2.Q1 olo 2.77 % A-9 138.55 Yet to be sold 2.32 olo 3.20 o/o A-10 54.10 Yet to be 0.91 % 1.25 % B-9 126.36 et to be sold 2.1 2.92 % B-{0 115.22 Yet to be sold {.93 % 2.66 olo B-11 52.76 Yet to be sold 0.88 % 1.22 % B-12 54.1 Yet to be sold 0.91 % 1.25 % I B-13 54.1 Yet to be sold 0.91 orl, 1.25 % B-14 70.83 Yet to be sold 1,19 o/o 1.64 % 'l -: Part-B : Residential units Third Floor Flat Area Name oT owner o/o No. ot % of voting Sq. Mtrs. ownersh A-11 rights 52.76 Yet to tre sold 0.88 % 1.22 % A-12 72.48 Yet to be sold 1.21 0/" 1.68 % A-13 85.59 Yet to be sotd 1.43 % 1 9R o/^ A-14 72"48 Yet to ba=otd- 1.21 0/" /l_6R o/^ A-15 85.59 Yet to lre sold 1.43 % 1.98 % A-16 54.{0 Yet to t'e sold 0.91 % 1.25 0/" B-15 83.06 Yet to be sold -lr0r%- 1.92 o/" B-16 72:48 Yet to t'e sold 1.21% 1.68 o/o B-17 52.76 Yet to be sold 0.t,8 % 1.22 olo B-18 54.1 Yet to be sold 0.91 % 1.25 % B-19 54.1 Yet to be sold 0.91 % 1.25 olo B-20 70.83 Yet to be sold 1.19 % 1.64 o/o 'I} Part-B : Residential units Fourth Floor Flat Area Name of owner alo ol % of voting No. t. Mtrs. ownershio riEhts A-17 52.76 Yet to be sold 0.88 % 1.22 olo A-18 73.28 Y'et to be sold 1.23 % 1.69 olo A-19 85.12 Yet to be sold 1.43 olo 1.97 ot f A-20 73.28 Yet to be sold 1.23 % 1.69 o/o A-21 84.98 Yet to be sold 1.42 % 1.96 olo A-22 54.10 Yet to be sold 0.91 olo 1.25 o/o B-21 85.12 Yet to be sold 1.43 oh 1.97 olo B-22 73.28 Yet to be sold 1.23 olo 1.69 olo B-23 52.76 Yet to be sold ) 0.88 % 1.22 % B-24 54.1 Yet to be sold 0.91 olo 1.25 olo B-25 70.83 Yet to be sofd 1.19 % 1.64 % Part-B : Residential units Fifth Floor Flat No. I Area Name of owner olo oi' % of voting l--SqJgq. ownership rishts A-23 72.48 Yet to be sold 1.21 % 1.68 o/o A-24 85.59 Yet to be sold 1.43 % 1.98 % A-25 72.48 Yet to be sold 1.21 % 1.68 % A-26 85.59 Yet to be sold 1,43 0/o 1.98 olo B-26 83.06 Yet to be sold 1.39 olo 1.92 o/o B-27 72.4.8 Yet to be sold 1.21 % 1.68 % i: r,,r".:.1r:.. 1.r 9,r1i t/- .-.,-\-r 7,K1.-,'!l_!T;r,i\:.. ln .\Z-,.i. -? , .ij{.,^- ii --.__--..._.._- , ," ''m\ q;,r", ii;W (tfr24;;i.- li :ili.. ii'il, a.; ii;:: ;!ir s#;r Lr'"'.. .. i:.i',''n - \.i::.' " .i!, :i,i! "-'.:,' ' '\.lliii:r'9i'' Part - B Residential units Sixth Ffoor Flat Area Name of ovner No. %ot % of vo-ing Sq. Mtrs. ftltlnarclrin A-27 rights 73.28 Yet to bC soJE-- 1.23 % A-28 1,69 % 84.85 Yet to be sold 1.42 % 1.96 % A-29 n.2e Yet to be sold 1.23 o/o 1.69 o/o A-30 it4.42 Ye! to be sold 1.25 % 1.72 % B-28 84.80 Yet to be sola 1.42 % 1.96 % ,fn B-29 73.28 Ier ro be sold 1.23 % 1.69 % t' The proportionate representation for 'voting purpose t mentioned hereinabove may be rimited in accordance with tfre ,r" provisions of bye-laws attached hereto ",,8". as Exhibit t Apartnrent and the percentage of undivi,Jerj interest in the common areas and facilities are not encumbered in any manner whatsoever on the date of this declaration. (9) And whert,.as the Town seuARRE Apartment to be constructed over the said property shall be as per the prevailing rules of Floor space Index. Therefore consicering ihe lancj area of the t said property i.e. 3637.10 sq.Mtrs. a commercial and residential complex to the extent of consumption of sanctionetj F.s.l. is to be constructed on the said property. However, in case, there is any increase in the said F.s.t., as per the r.ules of the concerned authorities in future and the resultant increase thereof in the F.s.l., the Grantors will al L.-.---* "--.'* 7) HOLDTNG OF ONE SHARE COMPULSORy:_ Every apartment owners must hofd at reast one share of the Association goint apartment owners hording the shares joinfly). 8) DISQUALTFICATION :- No apartment owner shail be entifled to vote on the questions of the election of members of the board'or the president, secretary. Treasurer or any other office bearer nor be entifled to stand fo. election to such office if he is in ar.eas if any sum due from him in respect of his contributions for common expenses, for more thar.' sixty days on preceding the year in which the rast rray of the year the erections to Board wourd take $ place. CHAPTER.It 9) VOTTNG :- " ' Voting shail be on a percentage basis, and the percentage of the vote of which the owners is entifled is the percentage assigned to the famiry unit or commerciar unit in the Declaration. .J.i 10) QUORUM :- Except as otherwise provided in these bye-taws the presence in person of a majority of owners shail constitute a quorum. 11) VOTERS TO BE CAST rN PERSON :_ Votes shall be cost in person. CHAPTER -tII :: ADM|N|STRAT|OI{ :: 12) POWERS AND OWNER.S AND DUTIES l.j OF ASSOCTATTON :- r ...:i,l .r: r.,ir,1,. 1.1" i. (27) ir.+r,( gLC/llo?u, i The Association wi[ have the responsibirity of AdMiNiStEriNg thc TOWN SQUARRE APP.RTMENT coNDOMrNruM approvlng the annuar budget, estabrishing and coilecting rnonthry assessment and arranging for the MANAgEMENT Of thE TOWN SQUARRE APARTMENT coNDoMrNruM in an effiiient manner. Except as othenrvise providerj, resorutions of the Association sharr require approvaf rll { by a majority of ov/ners, casting votes in person. I 13) PLACE OF MEETTNGS :- lrleetings of the Association shall be held at suitable place ,a convenient t,: the owners as nray time to time be designated r' by the Association. 14) ANNUAL MEETTNGS :- The first annual meeting of the Association shall be held on 1st day of May each succeeding year. At such meetings there shall be elected by ballot of the apartment owners a Board in n accordance witlr the requirements of by_laws. The owners may also transact such other business of the Association as may properly come before them; li,' . 15) SPECIAL MEETINGS :- It shall be the duty of the Presiclent to cari a speciat meeting of the apartment owners as directed by a resorution of the Board or upon a petition signed by a majority of the owners 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 authorized by him in this behalf. The notices of any special meeting shall state the time and place of such meetirg except as stated in the notice without the consent of four - fifths of the owners present in person. 16) NOTICE OF MEETING :- It shall be the duty of the secretary to mail or serrt a notice of each annual or special meeting, stating the purpose thereof as weii as the time and place here 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 by-law shall be considered notice served. Notices of all meetings shall be mailed or sent to the Housing Commissioner, or as the case may be the Registrar.. 17) ADJOURNED MEETINGS :- lf any meeting of owners can not 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 vras called. lf at such \J' adjourn,ad meeting atso, no quorum is present the owners present in person being not less than two shall form a quorum. 18) ORDER OF tsUSlNESS :- The order of business at all meeting of the owners of units shall be as follows :-, a. Roll call .. b. Proof of notice ol'meeting or waiver of notice c. reading of minutes of proceeding meting. d. reports of officers. e. Report of the Housing, Commissioner or tHe Registrir or the officer duly authorized by them, if present. f. Report of comrmittees. g. Election of Board. h. Unfinished business, if any. i. New business. CHAPTER .IV :: BOARD OF MANAGERS :: 1e) MANAGEililENT OF ASSOCIAI'ION :- The affairs of the Association shall be goveryed by a Board. 9t--i:ltlt?r-{'rF |lir F r. :i t .-Tffi-dT (2e) qmin. ( ee cg! l?otu', L9**"* t9o ft 20) POWERS AND DUTTES OF BOARD :- The l3'rard shall have the powers and duties necessary for the administraticrn of the affairs of the Associertion, 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 DUTIESi :- t' in addition to the cluties imposed by these by -laws or by resolution of the Associatioo, the Board shall be responsible for the following that is to say - a. care; upkeep and surveiilance of the TowN seuARRE APARTMENT coNDoMrNruM tre common areas qnd facilities.'"',u' b. Collection of monthly assessment from the owners. c. Designation, employment, remuneration and dismissal of the personnei necessary for the rnairrtenance and operation of the TOWN SQLfARRE APAR.TMENT CONDOMINIUM the common areas and facilities and the restricted common areas /,4 and facilities. !i' d. To provide for the manner in which the audit and accounts of the Association shall be carried out. 1... e. To inspect the accounts kept by the secretary and /or the Treasurer, 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, account cash balance and deal with other miscellaneous business. 22) MANAGER:- The Board may employ for the Association a manager a compensation dertermined by the Board to prefer such duties and services as the Board shalt authorize including but not 'limited to the duties listed in by-law 21. lrut'.ql 23) ELEGTION 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 term of office shall be of trro Managers shall be fixed at two years, and the term of office of 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 until their successors have been elected and hold their first meeting, ( lf 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 Association shall be filed by vote of the majority of the rernaining Managers, even though they may constitute less tharr a quorum, and each person so elected shall be a Manager until a successor is electecl at the next annual meeting of the Association. ; ; 25) REMO\r'AL OF MT1NAGERS :- ''1 At any regular or special meeting duly called any one or more T :9,1 cf the lr,tanagers may be removed with or without cause by a majority of the apartment owners and a successor may then and there be ele,:ted to fill the vacancy thus created any Manager whose removal has been proposed by the owners shirll be given an opportunity to be heard at the i meeting. 26) ORGANIZATION MEEI'|NG :- The first meeting of a newly elected Board shall be held, within ten days of election at such prlace as shall be fixed by the Managers at the meeting at which such Managers were elected and no notice shatl be necessary to the newly I I r I '.....!..'r.isf,ts;rr.ild& (31) elected Managers in order legally to constitutes such meeting, provided a majority cf the whole Board shall be present. 27) REGULAR MEETI},IGS :- Regular meetings of the Board may be neld at such time and place as shall be determined frcm time to time, by a majority of Managers but at least two such meetings shall be held {u, during each year. Notice of regular meetings of the Board shall be given to each Manager personally or by mail, or I telegraph at least three days prior to the day named for such meetings. a 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 state the time, place ( as hereinabove provided) and purpose of the meeting. Special meetings of the Board shall be called by the president cf At Secretary in the like manner and on like notice on the written request of at least three Managers. C" 29) 'WAIVER OF NOTICE:- rBefore or at any meeting of the Board any Manager, may in writing, waive notice of such neeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a lvlanager at any meeting of the Board shall be a waiver of noticr:, by him of the time and place thereof. lf all the Managers are present at any meeting of tne Board, no notice shall be required and any business may be transacted at such f, meeting. 30) QUORUM :- At all meetings of the Board, one third of the total strength of the Managers shail consfltute a quorum for ttre transaction of a-' business, and the acts ,f the Managers present at a meeting at which a quorum is present shail be ilre acts of the Board. lf, at any meeting of the Board, there be ress than a quorum present. the rnajority of thosejiresent may adjourn the meeting from time to tinre. At any such adjourned meeting, any business which might have been transacterd at the meting as originafly cailed may be transacted withou{: further notice, provided there is a quorum present. 31) FIDEL|W BONDS :- The Board may require that ail officers and emproyees of the Association handling or responsible for Association handling or responsible for Association funds shall. furnish adequate "# fidelity bonds. Tlre premiums on such bonds shail be paid by the Association. CHAPTER . V :: OFFICERS :: 32) EESIGNATION : The principal o*.", of the Association shall be a pre President, a vice-president, a Secretary and a Treasurer, all of whom shall be elected by and from the Board. The Board 1 may appoint an Assistant Treasurer, and an Assistant Secretary, and such other officer as in theii judgment may be ry necessary. (ln the case of an association of one hundred owners or less the ofiices of Treasurer and Secretary may be fiied by the same person). 33) ELECTION OF OFFICERS :. The officers of the Association shall be elected annually by the Board at the organization meeting of each new Board and shall held offices at the pleasure of the Board. i_t in' ' ---i; ii,iim. (. e.L(y' / totl"i, 34) REMOVAL OF OFFICERS :' Upon an affirmative vote of a majority of the members of the Board any officer may be removed, either with or withottt cause, and his suco€ssor elected at arny regular meeting of the Board or at any special meeting of the Board called for such purpose. 35) PRESIDENT:- fs., The President shall be Chief Executive Officer of the Association. He shall preside at all meetings of the t. Association and cf the Board. He shall have all of the general ,i 'Ir powers and duties which are usually vested in the office of li president of an Association, including but not limited to the f :power to appoint committee from among the owners from time 1- to time as he may in his discretion decide to the appropriate to assist in the colrduct of the affairs of the Association. 36) VICE - PRESIDENT :- i'he 'Vice - President shall take place of the President and 4': perform his duties whenever the Presider.t shall be absent or unable to act. lf neither the.President nor ttre Vice - President L is able to act, the Board sharl appoint some other member of the Board so to act on an interim basis. The Vice President shall also perfornr such other duties as shall from tinre to time be imposed upon hinr by the Board. 371 SECRETARY:- The Secretary shall keep the nrinutes of the meeting of the Board and the minutes of all meetings of the Association, he shall have charge of such books and papers general, perform all the duties incident to the office of Secretary. 38) TREASURER:- The Treasurer shall be responsible for Association funds and securltles ano shall also be responsible Tor Keeping fuil and l accurate accounts of all receipts and disbursements in books belonging to the association. He shall be responsible for the deposits of ail moneys and other varuabre effects in the name of and to ffre credit of the Assocletion in such depositories as may from time to time be designated by the Board. CHAPTER - VI :: OBLTGATTON OF THE APART!!|ENT OWNERS :: 39) ASSESSMENTS :- All owners are obligecl to pay monthly assessrnent imposed by the Association t meet all expenses retating to the TowN , \)'; SOUARRE APARTMENT CONDOM|N|UM, which may include an insurance tctr a policy to cover repair and reconstruction work in case of hurricane, fire, earthquake or other hazard or calamity. The assessments shall be made pro-rata according to the valur of the unit owned as, stipulated in the declaration. such assessments shail incrude monthly payments to a General Operating Reserve Fund for Replacements. 40) MAINTENANCE AND REPATR :- (1) Every owner must prefer promptly, all maintenance and repair work within his own unit, which it omitted would affect the ^i TOWN SQUARRE APARTI\4ENT CONDOMINIUM in entirely or in a part belonging to other owners, being expressly responsible for the damages and liabilities that his failure to do so rnay endanger. (2) All the repairs of internal instaltations of 'the unit such as water, light, gas, power, sewage, telephone, air conditioner, sanitary instailations, doors, windows, lamps and all other accessories belonging to the unit area shalt be at the expenses of the apartment owner concerned. qlrari\.!-- ,r I rr rymm. ( ee 3t1**** \9 o (3) An owner shall reimburse the Association for any expenditure incuned in repairing or replacing any common area and facility damaged through his fault. 41i ,USE OF UNITS OR GOMMERCTAL UNTTS - 'O*',." INTERNIAL CHANGES :- : (1) All u'its shall be utilized for residential purpose onry. r.^, (2) An owner shall not make any structural modifications or alterations in his unit or installations located therein without ' previc,usly notifying the Association in ,ryriting, through the .,, President of the Board if no Manager is employed. The t Association shall have the obrigation to answer within thirty :1. .i. ,!:. days and failure to do so within the stipurated time shall mean "l that there is nc objection to the proposed moclifications, a alterations or installation. 42) USE OF COMMON AREAS AhrD FACtLtTTEs AND RESTRICTED COMMON AREAS AND FACtLtTtES :- .A (1) An owner shall not place or cause to be praced in the lobbies, vestibules, stainruays, elevators and other areas of TOWN SQUARRE APARTIvIENT coNDoMtNtuM and facitities of L similar nature both common and restricted, any furniture, packages or objects of an1,kind. Such areas shall be used for no other purpose that for normal transit through them. 4g) RIGHT OF EIITRY :- (1) An owner shall grant the right of entry to the Manager or to the other person authorized by the Board or the Association in case of any emergency originating in or threatening his unit, whether the owner is present at the time or not. (2) An owner shall perrnit other owners or their representatives when so required to enter his unlt for the purpose of performing installations, alterations or repairs to the mechanical or electrical services provided that requests for entry are made in advanr:e and that such entry is at a time convenient to the owner. In case cf an emergency, such right of entry shall be irnmediate. 44) RULES OF CONDUCT:- (1) No resident of the TOWN SQUARRE APARTMENT CONDOMINIUM shall post any advertisement or posters of any kinrl in or on the building except as authorized by the Association. (2) Residents shall exercise extreme card about making noises or . the use of musical inst'umerrts, radios, television and amplifiers that rnay disturb others. Residents keeping domestic animals shall abide by the municipat sanitary by- -)' laws or regulations. (3) lt is prohibited to hang garments, rugs, etc. from the windows, balconies or from any of the accedes of TOWN SQUARRE APARTMENT CONDOMINIUM (41 lt is prohibited to dust rags, etc. from the windows or to clean rugs, etc. by beating on the exterior part of the said Condominium. .(5) lt is prohibit:d to throru garbage or trash outside the disposal i" installations provided for such purposes in the serviee areas. lf such installatiorr is not provided, all garbage or trash shall be collected in a vessels and thrown in the municipaldust bin. (6) No owner, resident or lessee shall install wiring for electrical or telephone installation, television antennae, rnachines or air- conditioning units, etc. On the exterior of the TOWN SQUARRE APARTMENT CONDOMINIUM or that protrude through the wall or the roof of the condominium except as authorized by the Associatiorr. CHAPTER . VII :: FUNDS AND THEIR INVESTMENTS :: 45) FUNDS :- Funds may be raised by the Association in all or any of the following ways, namely :- In'"t!.'rtrr{fl.F,r I gL(, 'TrTs.( a. By shares, b. By contributions and donations from the apartment owners, c. From common profits which shall form the nucleus of the Reserve fund, d. Eiy raising loans, if necessary, subject to such ternrs and conditions as the Association with the approval of the Competent Authority, may determine in this behalf. 46) INVESTMENTS :- The Association may invest.or deposit its funds in orre or more t of the following :- a. In the central co-operative Bank or in tlre state co-operative '.& Bank, or b. In any of the securities specified in sec. 20 of the Indian Trust Act, 1882, or ln any Co-operative bank other than those referred to in ,clause (a) of the by-ts*, or in any Banking company approved for this purpose by the Association. fn 47) AFFILIATIONS :- Should there be anv Federation of apartment owners in the locality in which the TOWN SQUARRE APARTMENT {' CONDOMINIUM is situate, the Association ffiay, after consulting the competent authority, become a member thereof, and pay the sums from timed to time payable to such Federation under the rules thereof. 48) ACCOLINTS :- (1) A banlcing 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 retain in his personal custody an amount not exceeding Rs. 100/- for petty experrses. All payments above Rs. 20l- shall be made by cheques signed by the Secretary, and one menrber of the Board. (2) Each apartment owner shall have a pass boo in which the secretary shall enter amounts paid to or receive.d for his share in receipts of profits from common areas and contributions towards common expenses,, and his share of assessment and other dues, if anv, in respect for his apartment. (3) The Assoclation shall o or before 31st July in each year publish an audited annual financial statemeit in respect of the corlmon arcas and facilities containing- a. The profit ancl loss accourrt, b. the receipts and expenditures of the previous financial year, and c. a summary of the property and assets and liabilities of the conlmon areas and facilities of the Association, giving such particulars as will disclose the general nature of these liabilities and assets and how the value of fixed assets has been arrived at. (4') The audited financial statement shall be open to the inspecticn of any member of the Association during office house and in the office of the Association and a copy thereof i shall be submitted to the competent authority not later than 1S August every year. i .!il (5) Every financial statenrent shall be accompanied by a compiete list o1' the apartment owners. There shall also v accompany the financial statement a similar list of loaners. 'fhe financial statement shall state up to what date profits and expenses of common areas are included. 49) PUBLTCA'ilON OF ACCOUNTS A,ND REPORTS :- A copy of the last financial statement and of the report of the auditor, if any, shall be kept in a conscious place n the office of the Association., 50) APPOINTMENI' OF AUD|ToR :- The Association shall appoint at its general meeting, an auditor who shall audit the accounts of the Association to be prepared by the Board as hercin before provided and shall examine the annual return and verlfy the same, with the accounts relating thereto arrd shall either sign the same as found by him to be correct, Culy vouched and accordance with /3 law, or specially report to the Association in what respect the funds it is incorrect, unvouched or not in accordance with law. 51) POWER OF AUDITOR:- . The Auditor shall be entitled to call for and 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 require a notice" GHAPTER . VIII C :: MORTGAGEES :: 52) NOTICE OF ASSOCIATIOII :- An orvner who mortgages hisi 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 "Mortgagees of Units". 53) N,OTICE OF UNPAID ASSESSMENT:- The Association shall at the request of a mortgagee of a unit report any unpaid assessment due from the owner of such unit. CHAPTER - IX :: COMPLIANCE :: 54) COMPL|ANCE :- These by-laws are set forth to comply with the requirements of the Maharashtra Apartment Ownership Act, 1970. In case any of these by-laws conflict with the provisions of the said Act, it is hereby agreed and accepted that the provisions of the Act will apply. 3. 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 rnembers of the Board and ,' the Secretary or . any other person authorized by the Association in that behalf. CHAPTER - X 1 AMENDMENTS TO PLAN OF APARTMENT OWNERSHIP *r, 56) AMENDMENTS OF BY-LAWS :- These by-laws may be arnended by ttre Association in a duly constituted meeting for such purpose and no amendment shall take effect unless approved by owners representing at least 75o/o of the total vatue of all units in the TOWN SQUARRE APARTMENT CONDOMINIUM as shown in the Declaration. r'"- J ti (41) IN WITNESS WHEREOF THE GRANTORS HAVE SET THEIR HANDS ON THIS DECT.ARAilON ON THIS zOTH DAY OF SEPTEMBER IN THE YEAR TWO THOUSAND SEVENTEEN AT NASHIK. ,r^\ ('t SIGNED, SEALED & DEI..IVERED by the GRANTORS - 1. MT. VINOD LALITKUMAR bHHAJED, 1 ,,t,. 2, Mr. SANDIP NA'/ANSUKH BHRAMECHA , 3. Mr. SUSHIL PUKHRAJ RACCA, 4. Mr. PR,\KASH KAPIJRCFIAND KOTECHA, 5. Mrs. \tlMALA PRAKASH KO.]'ECHA, 6. Mr. SI,CHIN PP.AKASH KOTECHA, 7. Mr. I1AHUL PRAKASH KO'IECHA, : :.r.. . Throul;h their G.P.A. holder ,:. 'itiiit,,,., 8. NIRMITI BUILDTEK iill.','d,.tli,i rA Through it's partners (.frd1,y- A) MR. YASHPAL ABHAY T/rTlYA, { B} MR. DEEPAK BALASAHEB DHARRAO, In the presence of ... 1. w 4onJi{ \'rt'o'rv 2.