l I I I I l i0/6 r0 qrdft Original/Duplicate I Tuesday,March 03 ,2020 ffiifi.:39rr 5:40 PM Regn.:39M ,I I c*fr*': 999 frci6': o3t0312020 I rrr+rirrq: ftffifu I ffit{flisT qfiqiir: $ril-6 0-2020 1 I -'." in terms of their agreements for sale to be executed the defination of Carpet area is stated hereinabove Design, specification and boundries of each family unit shall be as per the building plan approved for the construction of the said ROSEWOOD and attached here to Exh- A and e-ach of the family unit shall have its own independent entrance and access, as shown in the said plan at Exh A and as well written in the here in above. llD The unit holders shall have equalrights in the common stiaircase, Ianding and parking place except the stilt, parking places, Top terrace, which have been allotted to the particular unit holders. The unit holders in the building shall not object and obstruct such allotment to any allottee by the Grantor owner & Confirming Party .That for the sake of knowledge to all the unit holders the copy of plan showing the such allotted Top terraces, parking 0 places, etc.is attached hereto as "AnnexureA". lV) For performing any installation, alteration or repairs to the mechanical or electrical services, drainage, as well as water connection or any other such repairs etc. the unit holders who have been allotted the garden places, marginal spaces, top terraces, parking places, stilt, etc. willnot take any objection for entry into such places for such installation, alteration or repairs as mentioned above. Provided that requests for entry are made in advance and that such entris at a time convenient to such owners. ln case of an emergency, such right of entry shall be immediate. lt will be the duty of i' all the unit holders/managers after the work of installation, alteration or .. repair is over, such places must be maintained as were before the work l was done. I I COMMON AREAS AND FACILITIES : Following described areas and facilities shall be treated as properties of all the family unit owners and each family unit owner shall have his interest and right in the said common areas and facilities, proportionate to his ownership percentage as described in detail, hereinafter. The foltowing common areas and facilities located throughout the building. a. The parcel of land described in schedule of this deed. b. The staircase available to the building. c. The overhead waterTank constructed on the top of RosEwooD Building. The undergound water Tank, constructed on ground space along rrr ,. s StrE-{T fmrifl 811li1i1''.1, re-*a!al9' -'' J1l i,. qw mlih \. tgo ltou ejle3 / rr.:ir :.rir vi, * with the electrical motor fittings and plumbing system thereof in the ROSEWOOD and separate Municipalwater connection for Building. a Plumbing netwoik throughout the saidROSEWOOD f. Electric wiring at all the common spaces upto the entrance of I I'l each family unit along with main electric supply upto meter box. g. Compound wall with.gates h. Foundation columns and roofs alongwith all common wails i. Lift with battery back up j Common Electric meter for electirc supply.for common space for electirc pump & Lift . k. Common Parking. The open ground space around existing building parking duty highlighted in will be the common ground space available to the said ROSEWOOD and which shall be used as an access for the entiance of the said ROSEWOOD as well as ground space available to common use and occupation. However the said open space shall be available to with the right to enjoy it as an open sapce only without causing any obstruction thereon so as to cause any hurdle for moving ground other vacant parts of the said property therefore the right for enjoyment of the common open space is granted under this Deed of Declaration as said property there fore, the right for enjoyment of the common areas and facilities. RESTRICTED AREAS AND FACTLITIES * Allotted Parking to each Flat holder. (A) That the right, title and interest of each owner of a family unit in the general, common area and facilities as listed above and their proprotionate share in the profits and common expenses in the general common areas and facilities as well as proportionate representation for voting purpoes located on each floorof the said ROSEWOOD will be decided and calculated on the basis of the following mentioned percentage of ownership. ln case a decision is required to be taken in respect of any issue relating to the said ROSEWOOD CONDOMINIUM each family unit owner will have the voting rights as per the percentage of voting as mentioned here under. f;, L tr 4l & B: H@'fl-ffi $ E {ffi'#rT,$ ( ggo li F m I ti r tl l: ?,, €s Family Floor Area ln (Sq. mtrs) Ownership unit Carpet & voting Right 1)Flat no.101 First 29.19 2.44o/o 2)Flal no. 102 First 45.06 3.77o/o 3)Flat no. 103 First 45.06 3.77o/o 4)Flat no.104 First 30.1 6 2.520/o 5)Flat no.105 First 30.1 6 2.52o/o 6)Flat no.106 First 45.06 3.77o/o 7)Flat no.107 First 45.06 3.77o/o 8)Flat no.108 First 29.19 2.440/o 9)Flat no.2O1 I Second 29.19 2.440/o 10)Flat no.202 Second 45.06 3.77yo 11)Flat no,203 Second 45.06 3.77o/o 12)Flat no.2O4 Second 30.1 6 2.52o/o 13)Flat no.205 Second 30.1 6 2.52o/o 14)Flat no.206 Second 45.06 3.77o/o 1S)Flat no.207 Second 45.06 3.77o/o 16)Flat no.208 Second 29.19 2.44o/o 17)Flat no.30'l Third 29.19 2.44o/o 18)Flat no.302 Third 45.06 3.77o/o 19)Flat no.303 Third 45.06 3.77o/o 20)Flat no.304 Third 30.1 6 2.52o/o 21)Flat no.305 Third 30.1 6 2.52o/o 22)Flat no.306 Third 45.06 3.77o/o 23)Flat no.307 Third 45.06 3.77o/o 24)Flat no.308 Third 29.19 2.44o/o 25)Flat no.401 Fourth 29.19 2.44o/o 26)Flat no.402 Fourth 45.06 3.77o/o 27)Flat no.403 Fourth 45.06 3.77o/o 28)FEt no.404 Fourth 30.1 6 2.52o/o 29)Flat no.405 Fourth 30.1 6 2.52o/o 30)Flat no.406 Fourth 45.06 3.77yo 31)Flat no.407 Fourth 45.06 3.77o/o 32)Flat no.408 Fourth 29.19 2.440/o tr h., sffid a ,ru lr r t f,f, mrilm t f-qo l),oa I i i gw'l GZ (B) The proportionate representation for voting purposes provided hereinabove may be limited in accordance with the provisions of the by-laws attached hereto as Exhibit B. (C) Apartment and the percentage of undivided interest in the common areas and facilities appeartaining to the apartment. (each apartment) are not encumbered in ahy manner whatsoever on the date of this declaration. 24.The said scheme of RosEwooD is hereby declared as per the provisions of "The Maharashatra Apartment ownership Act 1g70.', That interest and title of each family unit owner is described in detail and the said eommon areas'and faeilities are described in detail in the said scheme, for the administration of the RosEWooD By Laws are provided as per Exh B 25. That as appears above a plan of apartment cnvnership is hereby constituted under and subject to the provisions of the MaharashtraApartment Ownership Act 1970, so that the family units of ground and Four upper floors may be conveyed and registered as individual properties capable of independent use on account of each having its own exit to a restricted common areas and family of the building, each family unit owner having an exclusive and particular right title and interest over his respective family unit and in addition the specified undevided interest in the restricted common areas and facilities. 26. That for the purpose of stamp duty and registration fees to be imposed on the registration of this Deed in the register of Declaraction and Deed of Apartment under sec.13 (5) the Government value of the RosEwooD is distributed as follows : a) Parcel o1'Land described'inPara l'Flere in above is valued atRs 1,O1,2g,OOOI- b) The Building described in plan Exh A valued at Rs. 3,3s,ss,ooo/ 27' That the general and or restricted common areas and facilities and facilities shall undivided and no apartment owner shall bring any action for 3partition or division thereof. 28. That the percentage of the undivided interest in the said common areas and facilities and restricted common areas and facilities established herein shall not be changed except with the unanimous consent of all the apartment owners expressed in amendment to this declaration duly registered. /'- SlJLr-I(r,\ .1)Zr-,--.C. F€sSfS fl'trffiiy"4 'h,, (ffi4fi1d \'iu .Gii,:r,.,i ": .I): .ffjr,e (tgo l i&;t'ir- //, Kl €s 29. That the undivided interest in the said common areas and facilities and the restricted common areas and facilities shall not be seperated from the family unit to, which it appertains and shall be deemed conveyed or encumbered with the unit eventhough such interest is not expressly mentioned or described in the conveyance or other instrument. 30. That each Apartment owner shall comply with the provisions of this declaration, the by-laws decisions and resolutions of the Association of Apartment owners of its representative and failure to comply with any such provisions decisions or resolutions, shall be grounds for an action to recover sums due, for damages, or for injunctive relief. 31. That the dedication of the property to the plan of apartment ownership herein shall not be revoked orthe property removed from the plan of apartment ownership or any of the provisions herein amended unless all of the apartment owners and the mortgagees of all the mortgages covering fie units unanimously agree to such revocation or amendment, or removal of the property from the plan by duly registered instrument. 32. That no apartment owner of a family unit may exempt himself from liability for his contribution towards the common expenses by waiver of the use of enjoyment of any of the general and/or restricted common areas and facilities or by the abandonment of his family unit. 33. All sums assessed by the Association but unpaid for the share of the common expenses chargeable to any family unit shall constitute a charge on, such family unit prior to all other charges except only (1) charge, if any, on the family unit for payment of Government or Municipal Taxes or both and (2) all sums unpaid on a first mortagage of the apartment. 34. That all present or future owners, tenants, future tenants or any other person that might use the facilities of the building in any manner, are subject to the provisions of this declaration and that the mere acquisition or rental of any of the family.units of the building or the mere act of occupancy of any of the said units shall signify that the provisions of this declaration are accepted and ratified. The respective family unit shall not be rented or given on leave and licence or care taker basis by the apartment owners thereof for transient or hotel purposes, which shall be defined as (a) rental compensation or compensation for any period less than thirty days or (b) any rental or if the occupants of the family unit are provided customary hotel or boarding or lodging or paying guest services other than the forgoing obligations, the apartment owners of the respective family unit shall have the absolute right, to lease such unit or give it leave and licence or care tr F_i $fi-1,$ H w "$ffi f' il.,i[.,u] Jli 4'^ ss.fr mqim ( O9 o lt t: ni{&_ iEi f{, *t t', .*- taker basis provided that said lease or leave and licence or care taker basis is made subject to the convenants and restrictions contained in this Declaration and further subject to the by-laws in Exhibit B attached hereto. 35. That if the property, subject to the plan of apartment ownership is totallly or substaintially damaged or destoryed, the repair, reconstruction or disposition of the property shall be as provided by the Maharashtra Apartrnent Ownership Act, 1 9l O. 36. That where a famiry unit is sord 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 tifle 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 @nveyance of a family unit the grantee of the unit shall be jointly and severally liable with the gr:antor for all unpaid assessments by the association of apartment owners against the latter for his respective share of 'the "cornrnon -expeRses l,rpto the tinne.of the gran.t or coRveyance without prejudice to the grantees right to recover from the grantor the i amounts paid by the grantee therefor.. However, any such grantee l shall be entitled to a statement from the Manager or Board of Managers of the'association, asthe'case'may'be'setting'forth.the-amountof -ffre.unpaid assessments against the grantor due to the association and such grantee shall not be liabie for, nor shail the fainiry unit conveyed by subject to a charge for, any unpaid assessments made by the association of apartment owners against the grantor in excess oi fhe amount therein, set forth. 38. The amendment to this Decraration wiil be effected after passing a resolution to that effect in the meeting of all the Apartment owners and for such resorution the consent of each apartment owner of the same will be necesary and in persuance of the resolution passed the Board of Managers wiil be entifled to effect such amendment if registered. 39. The service of the notice and/ of summons or any typd of the ffi :i{- #ll:fl ?\l ._:_:_--___ d.\ $,^ .''r.l lri*rorl;':., i ,,;.. ;ll*ior tEio k,**/ 1,11'r-\,,.j''.:. correspondence will be made atthe address above persons concerned and/or the addressess subsequenily informed by the Apartment Owners to the Board of Managers in writing. IN WITNESS WHERE OF THE GRANTORS HAVE SIGNED ON THIS DAY DATE AND YEAR FIRST MENTIONED ABOVE. SIGNED SEALED AND DELIVERED BY THE WITHIN NAMED GRANTOR OWNER SHREE VENKATESH NAGAR DEVELOPERS PVT. LTD Through Their Power of Attomey Holder ISHANYA BUILDCON PARTNERSHIP FIRM Partnership Firm Through lt's Parnters SHRI. SACHIN KANHAIYALAL BALDOTA GRANTOR OWNER SIGNED SEALED AND DELIVERED BY THE WITHIN NAMED GONFIRMING PA ISHANYA BUILDCON PARTNERSHIP FIRM Through lt's Partners SHRI. SACHIN KANHAIYALAL BALDOTA CONFIRMING PARTY W-,-,ur\*- ,@r:r!*k--=--. wrrNESS='r;;;*rrY C;arrgr rq ) 'SIIF SCHEDULE OF THE SAID PROPERTY (Hereinabove reffered to) All that piece parcel of land bearing Gat. No. i s4 , out of which Plot no.4, having area admeasuring 770.00sq. Mtr. lying and being at Pimpri Sadroddin in the Registration sub-District of ral. lgatpuri Dist Nashik, having bounded as under:- On or towards East : By Plot No 5 On or towards West : By Open Space On or towards South : By Gat No.166 On or towards North : By 9 Mtrs Road ffi f6{ ffi'-,*-I, tli*il ,*'',' -r\ {. s,dil-d 8fi1 frqrffi \ ty o lqorP I As . '?r1 Gi'r# ll the said properties togetherwith soil, sub soil, casement, hereditaments, tenements, etc. EXHIBIT .,B' BY LAWS OF ROSEWOOD CHAPTER { {) sHoRT TTTLE & APPLTCATTON TheseBy-laws may'be called theBy-laws of theRoSEWooD. The provisions of these By-laws apply to ROSEWOOD All presents or future owners, tenants, future tenants or their 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. DEFIN]TIONS : 1) ln these By-laws, unless the context requires othenrrrise. a.'Act"'meansthe MaharashatraApartment ownershipAct, 1gro. b. "Association" means the association of all theApartment owners constituted by such owners for the purpose of the RosEwooD APARTMENT CONDOMINIUM. c. "Board" means a Board of Managers consisting of 5 persons all of them who shall be owners of apartment in the RosEwooD d. "Building" means the building located at Gat. No. 154 , out oT which'Plot no. 4 ,-having area admeasuiing -zr0.00sq.ltlltr. lying and being at pimpri sadroddin in the Registration sub- District of ral. lgatpuri Dist Nashik,, and known As the RosEWooD and includes and land forming part thereof. e. "Declaration" means the declaration which the sole owners of the building orallthe owners of the building have executed and registered as provided in the Section 2. f. 'Majority of owners' means those owners holding sl percent of the votes in accordance.with the percentage assigned in the Declaration. -ffi{Tnrqim t Uo I g. "Owner" or "Apartment Owner, means the person owing an I p a rtm e nt in tne ROSEWOOD h. "Section" means a section of the Act. i. "Unit"means a family unit in the ROSEWOOD i. "Registrar" means the Registrar of the Co-Op. Societies. 2) words & expression used in these By-laws but not defined therein shall have the meaning respectively assigned to them in the act. 3) Apartment Ownership. The Building located on the Gat. No. 1s4 , out of which plot no. 4, having area admeisuring 770.00sq. Mtr. rying and being at pimpri sadroddin in the Registration sub-District of ral. tgatpuri Dist Nashik,, known as the RosEwooDCondominium is submitted to the provisions of the Act. 4l oBJECT OF ASSOCTATTON 1) The object of the association shall be a) To be and to act as the association of the Apartment owners of the building called RosEwooD. (Address) Gat. No. 1s4 , out of which Plot no. 4 , having area admeasuring 770.00sq. Mtr. lying and being at Pimpri sadroddin in the Registration sub-District of ral. lgatpuri Dist Nashik, (Hereinafter called the "said Building,) who have filed their respective Delcarations Submiting their apartments to the provisions of the Act. b. To invest or deposit moneys. c. To provi,Ce for the maintenence, repair and replacement the common areas and facilities by contributions from the apartment owners and if necessary, by raising loans for that purpose. d. To retain & rent or.licence if possible, suitable portions of the common areas to outsiders for commercial purposes and to distribute the common Profits left after deducting the common expenses amongst the apartment owners as common profits or accumulate the same for building up a reserve fund. e. To provide for all & do all & any of the matters provided in the Sub Section (2) ot section f. To advance, with the consent of the Apartment owners, any short term loans to any apartment owners in case of any emergen 't' 6,8),tr' -i,*\ S-dfrf '*6-*,,:t..fr* {'Til'ilr, .'' ii f;iI rr"iirffi ( tgo ,+$, t--\'i. ;' ..) \ \' . r IrN ,... ;' .\ x , \----.-....'- .. i: '.| 74 2A \{Pa7'1'v\>'-i'' - cy necegsity & to provide of the repayment thereof in lumpsum or in instalments. g. To esEblish & carry on, on its own accounts or joinfly witrin indMduals or institutions, educational,.physical, social & recreative activities for the benefits of the Apartment Owners. h. To frame rules, with the approval of the general meeting of the Association & after consulting the CompetentAuthority & may establish a provident fund and gratuity fund, if necessary lor the benelit of the employees of the Association. i. To do all the things necessary or & othenruise provide for their I welfare expedient for the attainment of the objects specified by the i By-laws. I l 2. The association shall not act beyond the scope of its objects I without duly amending the provisions of these By-laws for the purpose. 5. MEMBERS OF THE ASSOGIATTON : 1. Allpersonswho have purchased apartments in the ROSEWOOD & executed respective Delcarations U/s. 5 submiting their apartments to provisions of the actshallautomatically be the members of tre association, and shall pay the sum oT one rupee as entranceTee and may purchase at least one share of the face value of Rs. lool- each. Each apartment owner shall receive a copy of the By-laws on payment of one hundred rupees. 2. Upon any apartment owner selling his Apartment or absolutely conveying the same pV v'aV of gift under his will or othenuise, the purchaser or Donee shall automatically become a member of theAssociation and shall be admitted as member on payment of the entranee of one Rupee. The shares held by theApartment Owner shall be transferred to the name of such purchaser or donee on payment of one rupee to the association. 3. on the death of an 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 representative 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 joinily shall be entered same, in the negister of -apartrnent owners rnaintained by the secretary for the purpose of Administration of the RosEWooD as apartment owner or joint apartment owners. where any,legatee is a minor, the apartment owner shall be entitled to appoint a guardian of such minor. fi,qil5 ( gIo lto 6. JOINT "-7 where an apartment has been purchased by two or more persons jointly, they shall be jointly entitled to the apartment and the shares of the Association shall be issued in their joint names, but the person whose name stands firct in the share certificate shal! alone have the right to thereof vote. 7. HOLDING OF ONE SHARE COMPULSORY : Every apartment owner must hold atleast one share of the Association (Joint apartment owners holding the shares joinily). 8. DISQUALIFICATIONS : No apartment owner shall be entitiled to vote on the questions of the election of the members of the Board of the President, Secretary Treasurer or any other office bearer or to be entiled to stand for election to such office if he is in anears of 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 elections to the Board would take place. CHAPTER . II VOTING QUORUM AND PROXIES 9. VOTING Voting shall be on a percentage basis and the percentage of the vote to which the owner is entifled is the percentage assigned to the family unit or units in the Delcaration. 10. QUORUM : Except as otherwise provided in these By-laws the presence in person of a majority of owners shalt constitute a quorum. 11. VOTES TO BE CAST IN PERSON : Votes shall be cast in person. CHAPER III ADMINISTRATION 12. POWERS & DUTIES OF THE ASSOCIATION : The association shall have the responsibility of administrating the RosEWooD approving the annual budget estabtishing and-collecting monthly assements and ananging forthe management of the condominium smrffi nnt mlqr|_ gq o lwt+ "Alw in an efficient manner. Except as otherwise provided, resolutions of the association shall require approval by a majority of the owners, casting votes in person. 13. PLACE OF MEETING : i; ,i Meetings of the association shalt be held at suitable place convenient : to owners as may from time to time be designated by the association. I 14, ANNUAL MEETINGS : The first annual meeting of the association shall be held within a period of two months from the date of registration of the declaration. Thereafter the annual meetings of the association shall be held on the 1st of May of each succeeding year. At such meetings there shall be eilected'by'ballot of the apartment owners a Board,of Managers in accordance with the requirements of By{aws 23. The owners may also transact such other business of the Association as may properly come before them. 15. SPECIAL MEETING : It shall be the duty of the President to call a speciar meeting of the Apartment owners as directed by the resolution of the Board or upon a petition signed by a majority of the owners and having been presented to the secratary, or at the request of the Housing commissioner, or as the case may be the Registrar or any officer duly authorised by him in his behalf. The notice of any special meeting shall state the time and place of such meeting and the purpose trereof. No other business shall be transacted at the special meeting except as stated in the notice without the consent of four-fifths of the owners present in person. 16. NOTICE OF MEETING : it'shall'bethe'duty'of the'secretary to mail or send a notice of each annual of each annual or special meeting, stating the purpose there of as well as the time and place where it is to be held, to each apartment owner, atleast 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 any owners cannot be organised because of a quorum has not attended. the owners who are present may adjourn the meeting to a time not less than 48 hours from the time the original meeting was called, if at such adjourned meeting also no quorum is present the owners iUS-',IT{r,n {e)a pr"..ntilffiffiioeing not less than two shalt from a quorum. 18. ORDER OF BUSINESS : The order of business at all meetings of the owners of S2un1s shal be as follows : a) Roll call. b) Proof of notice of meeting or waiver of notice. c) Reading of minutes of preceeding meeting. d) Reports of Officers. e) Report of the Housing Commissioner or the Registrar or of the Officer duly authorised by them if present. 0 Report of Committees. g) Election of Board. h) Unfinished Business, if any. i) New Business. GHAPTER IV BOARD OF MANAGERS 19. MANAGEMENT OF ASSOCIATION : The affairs of the association shall be governed by a Board. 20. POWERS & DUTIES OF THE BOARD The Board shall have tre porarers and duties necessary forthe adminishation of the affairs of the association and may do all such acts and things as are not by law or these By-laws directed to be exercised & done by the owners. 21. OTHER DUTIES : ln addition to duties imposed by these By-laws or by the resolution of the association the Board shall be responsible for the following that is to say: a) care, upkeep & surveillance of the RosEWooD and the common areas and facilities and the restricted common areas and facilities. b) Collection of monthly assessment from the owners. c) Designation, employment, rernuneration and dismissalof the personnel necessary for the maintenance and operation of the RosEWooD and S,d-E-ril q***\A9o fq'u $Ie,3 S^*;# the common areas and facilities and the restricted common areas and the facilities. d) To provide for the manner in which the audit and the account of the association shall be carried out. e) To inspecl 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, count cash balance and dealwith other miscellaneous business. g) To see that cash written up prompfly and signed duly by one of the members of the Board authorised in this beharf. h) To hear and deal with complaints. 22. APPAINTMENT OF A MANAGER The Board may employ for the association a manager at a compensation determined by the Board to perform such duties and services as the board shall authorise including but not limited to the duties listed in the bye- law 21 23. ELECTION & TERM OF AN OFFICE : At the first annual meeting of the association the term of the office of two Managers shall be fixed for three years. 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. A $uccessor shall be elcted to serve a term of three years. The Manager shall hold office until their successors have been elected to serve a term of three years. The Manager shall hold office until their successors have been elected & hold their first meeting. (lf a larger Board is contemplated, the terms of Office shall or should be established in similar manager so that they will expire in different years.) 24. VACANGIES : Vacancies in the Board caused by any reason other than the removar of manager by a lrcte of the association shall be filled by vote of the majority of the remaining mangaers even though they may constitute less than quorum and each person so elected shallbe a manager untila successor is elected at the next annuat meeting of the assoclation. 25. REMOYAL OF MANAGERS : At any regular or special meeting duly called any one or more of the sBrir z(l(s i ! l' managers may be removed with or without cause by a majority of the apartment o/vners and sucoessor managerwhose removal has been proposed by the owners shall be given an opportunity to be heard at the meeting. 26. ORGANISATION MEETING : The first meeting of a newly elected Board shall be held within ten days of election at such place as shall be fixed by the managers at the meeting atwhich the managers were elected and no notice shall be necessary to the newly elected managers in order to legally 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 a majority of manager, but atleast two such meeting shall be held during each year. Notice of regular meeting of the board shall be given to each manager, personally or by mail or by telegraph, atleast three days prior to the day named for such meeting. 28. SPECIAL MEETING : 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 or Secretary in like manner and on like notice on the written (request of atleast three managers.) 29. WAIVER OF NOTICE : Before or at any meeting of the Board, any manager, in writing, may waive the notice of such meeting and such a waiver shall be deemed equivalent to the issuing of such notice. Attendance by a Manager at meeting of the Board shall be a waiver of notice by him of the time and the place thereof. lf all the Managers are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting. 30. QUORUM : At all meetings of the Board 113 of the total strength of their Managers shall constitute a quorum for the transaction of business and the acts of the Managers present at the meeting at which a quorum is present shall s-#x*ffT H,qlff ( L9o ltw .qN* -.,;' 'k te I g-Z G*6Ir; be the acts of the Board. rf, at any meeting of the Board, there be ress than a quorum present, the majority of those present may adjoum the meeting from time to time. At any such adjdurned 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 of the associations handling or responsible for associations of funds shall furnish adequate fidelity bonds. The premium orsuch bonds shall be paid by the association. CHAPTER V OFFICERS 32. DESIGNATION : .. The principar officers of the association shail be a president, a vice President ,a secretary and a Treasurer all of whom shall be elected by and from the Board. The Board may appoint an assistant rreasurer and an assistant secreatary and such other officers as in there judgement may be necessary. ln the case an association of one Hundred onwards or less, the officers of rreasurer and secreatary may be fiiled by the same person. 33, ELECTION OF OFFICERS : The officers of the association shall be elected annually b-y the Board of the organisation meeting of each new Board and shall hold officers at the pleasure qf the Board. 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 without cause and his sucessor elected at any regular meeting of the Board or at any special meeting of the Board called for such purpose. 35. PRESIDENT The President shall be the chief executive officer of the association. He shall preside at ail the meetings of the Association and of the Board he shail have the generar powers and duties which are usuaily vested in the office of a president of an Association, including, but not limited to the power to appoint a comniitee, from among the owners, from time to time as he may in his discretion, decide to be appropriate to assist him in the conduct of the affairs of the association. ot\-c, .r.)-.(t ffis'q fitlit{l ;: (So llo ,.i4^.m. rj:ili:;liliiJ .-. :.t,! J\ 37. The Secretary shall keep the minutes of all meetings of the Board, and I the minutes of all the meetings of the association he shatl have charge of such i books and papers as the Board may direct and he shall in general, perform all i the duties incidental to the office of the secretary. 38. TREASURER: i The Treasurer shalt be responsible for association funds and securities and shall also be responsible for keeping full and accurate accounts of all the receipts and disbursements in books belonging to the association. He shall be responsible to the deposit of all moneys and other valuable effects in the name and to the credit and the association in such depositaries as may from time to time be designated by the Board. CHAPTER VI OBLIGATTONS OF THE APARTMENT OWNERS 39. ASSESSMENTS : All orvners are obliged to pay monthly assessments imposed by theAssociation to meet all expenses relating to ROSEWOOD 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.a ssessments shall be made pro-rata according to the Value of the Unit owned, as stipulated Declaration such assessments shall include monthly payments to a General operating Reserve and a Reserve fund for replacements. 40. MAINTENANCE AND REPAIR : . Every owner must perform promptly, all maintenance and repair work within his own unit, which if ommitted would affect the RosEwooD in entire or in part belonging to other owners, being expressly responsible for the damages and liabilities that his failure to do'so may endanger. 2. All the repairs of the internat installations of the unit such as water, light, gas, power, sewage, telephone, air conditioners, sanitary, instaltations, doors; windows, lamps and all other accessories belonging to the unit area shall be at the expenses of the apartment owner concerned. 3. An owner shall reimburse the Association for any expenditures incurred in repairing or replacing any common areas & facility damaged through his fault. 41. USE OF FAMILY UNTTS.INTERNAL CHANGES : t'1 $wHdT K-$'#N ffiyflio ( ggo I ffi F* d..+,[ .,ir E, ul e9 lf; t [, [r b, i 1. Ail units shail be utirised for residentiar purposes onry. l : 2' An owner shall not make any structural modifications or alternations in his unit or installation located there in without previously notifying the association in writing through the president of the Board if no manager is emproyed. The Association shall have the obligation to answer within thirty days and failure to do so within the stipulated time shall mean that there is no objection to the proposed modifications, alterations or installation 42. USE OF COMMON AREAS AND FACILITIES AND RESTRTCTED COMMON AREAS AND FACILITIES. An owner shall not place or cause to be placed in the lobies vestibules, stainvays, erevators and other areas of RosEWooD and facirities of a similar nature both common and restricted, any furniture, packages or obejcts of any kind such areas shall be used for nd other purpose than for formal transit through them. 4g. RIGHT OF ENTRY : a. An owner shail grant the right of entry to the Manager or to any other person authorised by the Board of the association in case of an emergency oraginating in or threatening his unit whether the onwer is present at the time or not. b' An owner shall permit other owners, or their representative when so required to enter his unit for the purpose of performing installation, alteration or repairs to the mechanical or electrical services provided that requests for entry are made in advance and that such entry is at a time convenient to the owner. ln case of an emergency, such right of entry shall be immediate. 44. RULES OF CONDUCT : 1' No resident of the ROSEWOOD Condominium shall post any advertisement or posters of any kind in or on the building except as authorised by the association 2. Residents shall exercise extreme care about making noises or the use of the musical instruments, redios, T.v. and amplifiers that may distrub others. Residents keeping domestic animars shail abide by the Municipar Sanitary By-laws or regulations. 3. lt is prohibited to hang garments, rugs, etc. from the windows barconies or from any of .the facades of the ROSEWOOD 4. lt is prohibited to dust regs etc. from the windows or to clean rugs, l# $,uBhi, B,\ El-dfl# F kifiiily ; til'ffiirr( W lloq $r" d**ui ,'1t i I 3?- I €.A I t etc. by beating of the exterior part of the said condominium. i I I I I 5. lt is prohibited to throw garbage or trash outside the disposal instailations l provided for such purposes in the service areas. if such installations is not provided all garbage or trash shall be collected in a vessel and thrown in the municipal dust bin, 6. No owner, resident or lessee shall install writing for electrical or telephone installation televison antenna, machines or air conditioning units, etc. On the e xte rio r o r the ROSEWOOD Condominium or that protrude through the walls or the roof of the condominium except as authorised by the Associations. CHAPTER. VtI FUNDS AND THEIR INVESTMENTS 45. FUNDS: Funds may be raised by the Association in all or any of the following ways namely. a. by shares. b. by contributions and donations from the Apartments owners. c, from common profits which shall from the nucleus reserve funds. d. by raising loans, if necessary subjec't to such terms and approvat conditions as the associations, with the approvalof the CompetentAuthority may determine in his behalf. 46. INVESTMENT : The association may invest or deposit its funds in one or more of the following. a.. ln the central co-op. Bank or in the state co-op. Bank or in any other Schedule Bank decided by the meeting. b. ln any of the securities specified in Section 20 of lndian Trusts Act' 1982. c. ln any Co.Op. Bank other than those referred to clause (a) of this By-laws or in any banking company approved for this purpose by the association. 47. AFFILIATION Should there by any Federation of Apartment Owners the locality in which the ROSEWOOD Condominium is situate, the association may, afier consulting the competent authority, become a member thereof any pay the sums from time to time payable to such federation under the rules thereof. ffi Wv 48. ACCOUNTS : w'n,U!ry ( S:dr-dr Wl L3 L9o ltw 1. A Banking account shall be opened by the association into 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 expenses. All payment above Rs. 100/- 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 be or received for his share in receipts of profits from common arrears and contributions towards common expenses and his share of assessment and other dues, if any in ripect of his apartments. 3. The association shall on or before 31st July in each year publish an audited annual financial statement in respect of the common areas and facilities containing:- 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 common areas and facilities of the association giving such particulars as will disclose the general nature of his liabilities and assets and how the yalue 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 tater 1Sth August every year. 5. Every financial statement shall be accompanied by a complete list of the apartment owners. There shall also accompany the financial statement in a similar list of loanees. The financial statement shall state upto what daie profits and expenses of common area are included. 49. PUBLICATION OF ACCOUNTS AND REPORTS : A copy of the last financial statement and of the report of the auditor, if any, shall be kept in a conspicuous place in the office of the assoication. 50. APPOINTMENT OF AUDITOR : The association shall appoint at its general meeting an auditor who shall audit the account of the assoication to be prepared by the board as hereinabove provided and shall examine the annual return and verify the same with. accounts relating there to and shall eighter sign the same as fund by him to be correct duly vouched and in accordance with laq or specially report to the association in what respect he funds it is incorrect, unvouched or not in accordance with law. 51. POWER OF AUDITOR : ffi q(fl ffir?),t, Eat.rf twmqro ( Wo I eiI w The auditor shall be entitled to call for examine any papers 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 aspecial notice. CHAPTER VIII MORTGAGES 52. NOTICE TO ASSOICATION An owner who mortgages his units shall notify the association through the Manager, if any or the President of Board, in the event there is no manager, the name and address of his modgagee and the association shall maintain such information in a book entitled 'Mortgages of Units". 53. NOTICE TO UNPAID ASSESSMENTS : The assocation shall at the request of mortgagee of a unit report and unpaid assessment due from the owner of such unit. CHAPTER IX COMPLIANCE 54. COMPLIANCE : These By-laws are set forth to comply with the requirements of the Maharashatra Apartment Ownership Act 197O in case any of these By-laws conflict with the provisions of the said Act, it is hereby agreed dnd 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 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 the secretary or any other person authorised by the association in that behalf. .CHAPTER X 56. AMENDMENT TO PLAN OF APARTMENT OWNERSHIP These By-lawg may be amended by the association in duty constituted meeting for such purpose and no amendment shall take effect unless approved by owners representing at teast 75 percent of the total value of all unit holders in the ROSEWOOD as shown in the declaration. flv t r r fi &r"qffi qdq!ftrq qrd il6 qFftdK *. vroq -6or.,- drrdtdr qEnt dss 56 d, guxqftigm$rrd$ qrn orqfmqtd qte€rc qrfrrforqr arm qTdrfurT& Hrcx -.ornfr srm eni. *. ai6a{r qw }eaqd o'.fr. d6 *. sf*fl Tfira rir& q rcrs qiff fui-6 is/qa/aoeo rls snai-cn =rqtft,r t. g- *r_ rc< eSEqI qr+, ar. Fmsrr, d"#'##rffi{we nffi*rm eqfu{Fftqqfuqlift, ;il&rsqi+ tim:- saoigrtpuri.trim bak@gmail.com q).+. qnmftr.tn53-23tsgzo nfr'm. T0qt m,lqq17q1fr/ o4Qolo ilTrrt, qk, ;nfrltr, ffi o o1/ eJ 1o1o ,riqfr *ft Hvr=nrr t€6a{* sr.fu. rfr x to) dqri{ffi Eft. sTfu{rrr na6--{E rrH. rr" &re rrhxTtr*, *,e-fh{[ qr+, ITrfri E;Tf 3IIrRlg, qlfrrifi. wr{{ sG. 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