539/5558 Cr{ff Original/Duplicate Tuesday,December 1 0,201 9 q'F+fti;.:39q | 1:27 PM t Regn.:39M q'.& ii': 6119 frrir: 10/12019 rn-/U) O I Flat No. 15 adm, area. 46.98 Sq. Mtr. Carpet & Attach Balcony Adm, Area 6.00 Sq. Mtr. on Stilt Floor Three ( Stilt Third Floor ) in the building known as Sai Shrsddha Apartment Owned by Mr. Madhusudan Surendra Laggad & Mrs. Nilima Madhusudan Laggad Agreement registered in the office of SRO Nashik- 7 at Sr. No. 542912019 on Dated : 03/12/2019 & the said Flat is bounded by its four sides as under : U East Passage West Marginal Space & Road South Flat No.14 North Marginal Space P I Flat No. 16 adm. area. 33.42 Sq. Mtr. Carpet & Attach Balcony Adm. Area 6.00 Sq. Mtr. on Stilt Floor Three ( Stilt Thrid Floor ) Owned byrMr. Trambak Budha Bagul & Mrs. Kalabai Trambak Bagul Agreement registered in the office of SRO Nashik - 7 at Sr. No.5556/2019 on Dated : lO/12/2O19 & the said Flat is bounded by its four sides as under : V East FIat No.17 West Flat No. 15 South Passage North Marginal Space I Q I Flat No. 17 adm. area. 36.08 Sq. Mtr. Carpet & Attach Balcony Adm. Area 6.00 Sq. Mtr. on Stilt Floor Th ree ( Stitt Th rid Floor ) in the building known as Sai Shraddha Apartment Owned by Mr. Kailas Chintaman Borse & Mrs. Kusum Chintaman Borse Agreement registered in the office of SRO Nashik-7 at Sr. No. 5489/2019 on Dated : 1 \ :, !. 4 t, ffi61 L l$11) + i 19 06/12/2019 & the said Flat is bounded by its four sides as under: East : Marginal Space West : Passage & Flat No.l6 South : Flat No.l8 | North : Marginal Space G', R I Flat No. 18 adm. area. 46.01 Sq. Mtr. Carpet & Attach Balcony Adm. Area 5.94 Sq. Mtr. on Stilt Floor Threee ( Stilt Thrid Floor ) in the building known as Sai Shraddha Apartment Owned by Mr. Ajinkya Pradeep Jagdane & Mrs. Bharti Pradeep Jagdane Agreement registered in the office of SRO Nashik - 7 at Sr. No.5555/ 2079 on Dated 10/12/2019 & the said Flat is bounded by its four sides as under: r East Marginal Space West Passage & Flat No.l3 South Marginal Space & Road L North Flat No. l7 S ] Flat No.19 adm. area. 34.88 Sq. Mtr. Carpet & Attach Balcony Adm. Area 5.20 Sq. Mtr. on Stilt Floor Four ( Stilt Fourth Floor ) in the building known as Sai Shraddha Apartment Retained by Gran(or & the said Flat is bounded by its four sides as under : East Flat No.23 West Flat No.20 South Marginal Space & Road North Passage sU EJ I'I.J lt a\ r -TA rFE,{ ,.Og (lron) ia ffi f I ^\ 7 srx s -Yu T ] Flat No. 20 adm. area. 35.23 Sq. Mtr. Carpet & Attach Balcony Adm. Area 6.00 Sq. Mtr. on Stilt Floor Four ( Stilt Foruth Floor ) in the building known as Sai Shraddha Apartment Retained by Grantor & the said Flat is bounded by its four sides as under : East Duct & Flat No.l9 g West Marginal Space & Road South Marginal Spacer& Road North Passage & Flat No 2l U I Flat No. 21 adm. area. 34.O9 Sq. Mtr. Carpet & Attach Balcony Adm. Area 6.00 Sq. Mtr. on Stilt Floor Four ( Stilt Fourth Floor ) in the building known as Sai Shraddha Apartment Retained by Grantor & the said Flat is bounded by its four sides as under : East Passage West Marginal Space,& Road v South North Flat No.20 Marginal Space V I Flat No. 22 adm. area. 36.08 Sq, Mtr. Carpet & Attach Balcony Adm. Area 6.00 Sq. Mtr. on Stilt Floor Four ( Stilt Fourth Floor ) in the building known as Sai Shraddha Apartment & the said Flat is Retained By Grantor the said flat is bounded by its four sides as under: East Msrginal Space I West Passage & Open Terece South Flat No 23 North Marginal Space SU qRs.( 5qBC ,ltotcl o s + & 8, I e3 ,\9 5 tK' - W I Flat No. 23 adm. area. 33.90 Sq. Mtr. Carpet & Attach Balcony Adm. Area 5.94 Sq. Mtr. on Stilt Floor f,'our ( Stilt Fourtb Floor ) in the building known as Sai Shraddha Apartment & the said Flat is Retained By Grantor the said flat is bounded by its four sides as under : East West Marginal Space Passage & Flat No.l 9 L South Marginal Space I North Flat No.22 V. The said Building is having approach main entrance f Building as per building plan having total Carpet area 865.74 q. Mtr (as per completion certificate ) having cofitmon parking on grormd floor for the each Flat. GENERAL COMMON AREA AND F'ACILITIES 1. The common staircase of building shall be used by the members of the family units of building in common, corridor or any other access available in tthe building which is reasonably (*, required to be used for entering into any family units in said building. 2. The underground water tank, and overhead water tank constructed on the roof of the building for supply of water is common for ali units in the said building and drainage system thereof along with all fittings of drainage and plumbing thereof. 3. Common plumbing network throughout the said building 4. Common electric meter and lights thereof fitted in the comnton staircase portion 5. The water Connection from Municipal Corporation mainline up to the building L_---- ..L4... - L"'- :( su & ?Ril( ggja /?o?r) t 2y -)rgl 6. The foundation and main walls, columns, girders beams of the building as described in the plam attached hereto. 7. The common parking area available on ground Floor of the building for all unit holders. 8. The foundation and main walls, columns, girders beams of the building as described in the plan attached hereto. a RESTRICTED AREAS AND FA CILITIES Common Plumbing network, underground water tank. Soak pits, drainage 24 toilet outlets outside the building electric meter boards and wiring for the use of all the family unit holders, foundation and main walls columns girders beams of the building are the reskicted areas and facilities which are established for common benefit of all members, and which are to be used with due care and caution so as to avoid problems for its proper functioning. No Units holder is allowed to plter or remove the foundations, main walls columns, girders and beams of the said building, otherwise it will be harmful to the entire structure of the building and necessary legal action shall be taken against such unit holder. The terrace on the top of the building shall be used by the member of family units of building in common. The apartments and the percentage of undivided interest in the con'lmon areas and facilities appertaining to apartment are not encumbered in any manner whatsoever on date of this declaration. TIre Administration of SAI I SHARDDHA APARTMENT condorlinium consisting as aforesaid of the Building and parcel of land described in above paragraphs of this Declaration shall be in accordance with the provision of this Declaration shall be in accordance with the provisions of this Declaration SU E ,? t, sR6.( L Iro?c) ? t &I e -Yo fi 5 and with the provisions of the bye laws, which are made a part of this Declaration and are attached hereto as Exhibit B. That as appears above a plan of aPartrnent ownership is hereby constituted under and subject to the provisions of the Maharashtra Apartment Ownership Act' 1 970, so that the family units may be conveyed and registered as individual properties capable of independent use, on account of each L having its own exit to the common areas and facilities of the building with each apartrnent oumer having exclusive and particular right, title and interest over his respective unit and in addition, specified undivided interest in the common areas and facilities and restricted common areas and facil.ities. That so long as grantors own one or more of apartment units, grantors shall be subject to the provision of this deed and the Exh. A and B attached hereto, and the grartors covenants to take no action which shall adversely affect the iights of the association of Apartment Owners with respect to assurances against latent defects in the building or other rights assigned to the Association by reason of the establishment of the Condominium. That the general and / or restricted common (- areas and facilities shall remain undivided and no owner shall bring any action for partition or division hereof. That the percentage of the undivided interest, general and restricted common areas and facilities established herein shall not be changed except with the unanimous consent of all the apartment units holders expressed in the amendment to this deed, duly registered. That the undivided interest in the general and resrricted common areas and facilities shall not be separated from the conveyed or encumbered even through such interest is r.rot expressly mentioned or described in the conveyance or any other instrument. ...16... ff ?Rn( 9u.9C ttotcl E. { & 2 c t(l -|itt VI. That each Apartment unit owners shall comply with the provisions of this deed, bye - laws decisions and resolutions of the Association of apartment unit owners which is representative and failure to comply with any such provision, decision or resolution shall for an action to recover the sums due for damages or for injection relief. That the dedications of the property to the plan of apartrnent v unit ownership, if any of the apartment unit-owners and mortgages of all the mortgages covering the units unanimously agreed. Revocation or amendment or removal ; or the property from the plan by duly registered. VII. That no apartment owner of a family unit may unit - owner of the apartment unit may exempt himself from the liability for the consEuction towards the common expenses by waiver and restricted common areas and facilities or by abundant of his apartment unit. All sums assess by the Association, but unpaid for share of the common expenses chargeable on such apartment unit prior to all other charges except only charge, if any, on the apartment unit for payment of Govt. of Municipal Taxes both, v and all sums unpaid on the first mortgage of the apartment. That all the present of future owners, future tenants of any other person that might use the facilities of the building in any manner, are subject to the provision of this deed and that the mere acquisition or rental or any of the apartment in tl-re building of more act of occupancy of any of such units shall signify that the provision of this deed are accepted and ratified. The respectiVe apartrhent unit shall not be tented or given in leave and iicense or on care taken basis by apartment unit owner thereof for transient of purpose, which shall be denied as - s U tr- r__t ffi @ 4 a m6.( L Ihtli a) s t' ! -- Y\9 ,!a t9 (a) Rental compensation or compensation for any period less than 30 days. (b) Any rental or if any occupants of the aPartrnent unit and provided customary hotel or boarding or lodging or paying guest services other than forgiving owners of the lease such unit or give it on leave license or caretaker basis, provided that the said lease or leave and license or care takers basis L is made subject to the covenants and restrictions contained in this declaration and further subjpct to the bye - laws in exh. B attached hereto. That if the property, subject to the plan of apartment ownership is totally or substantially deemed to be damaged or destroyed the repairs, reconstruction or deposition of the property shall be as provided by the Maharashtra Apartment Ownership Act, 1970. VIII. That whereas apartment unit is sold by a mortgage in exercise if his powers of sale under an English mortgage against the owner of such apartment unit, then neither the mortgage nor the purchaser who derives title to the apartment unit at such sale, or his successor or assigns shall be liable for C assessment by the Associated which become due prior to the acquisition of title by such acquirer, it being understood, however that the above shall not be constructed to prevent the association of apartment owner from fillings and claiming the charge for such assessment and enforce the same as provided by law and about such a charge shall be sub - ordinate to such mortgage. IX. That in a voluntary conveyance of an agreement units, the grantee of the unit shall ,be jointly and severally liable with the grantors for all unpaid assessment by the Association of apartment owners against the later for his share in the common expenses up to the time of grant of conveyance without prejudice to the right ofthe grantee to recover from the ..18.,. sU mE( L i?o*) ir ffi f 2Z Y(9 's l: grantors the amount paid by the grantees therefore shall be entitled to a statement from the manager or Board of Managers Association as the case may be setting forttr the amount of the unpaid assessment against the grantors, due to the association and such grantee shall not be liable for, nor shall the apartrnent unit conveyed be subject to the charge for any unpaid assessments made by the Association of \J apartment owners against the grantors in excess of the amounts therein set forth. X. That the Manager or the Board of Managers of the Association shall obtain and continue in effect blanket property insurance in the form and amounts satisfactory to the mortgage holding the first mortgage covering the apartment unit, but without flrejudicial to the right of the ownership of the apartment unit to obtain individual apartment unit insurance. the manager or board Managers of the coverage That the insuraace premium for any blanket insurance covered shall be common expenses to be paid by the monthly assessment, and such payment shall be held in a separate account of the Association and used solely for the payment of the blanket property insurance premium as such premier become due. XI. Thar the right and interest of each owner of the units in the general areas and facilities mentioned above & common expenses for the same as well as proportionate representation for voting purpose in the meeting of the Associating of the Apartment unit owner in SAI SI{ARDDIIA APARTMENT condominium is equal based on the all family units, and each owner have proportionate ownership right over the said plot on which the said Scheme has been constructed. The table of the areas and the percentage of voting rights is given here under :- I (; E e l$1c) q s aR6.( L Y'|O SIE,IIIIAL:- Flat Name of Owner Corpet No. Area Sq, Mtrs VotingT" 01 Mr.Prakash Madhukar Nirbhavane L s.Pratibha Prakash Nirbhavane 34.88 3.84 02 Mr.Vitthal Bhika Ahire Mrs.Manisha Vitthal Ahire 47.51 5.23 03 Mr.Santosh Waman Kasture ' Mrs.Hemlata Santosh Kasture 46.98 5.t7 o4 Grantor 33.42 3.68 05 Grantor 36.08 3.97 06 Grantor 46.O1 5.06 07 Suryakant Krishna Bhamre . 08 Mrs.Rekha Suryakant Bhamre .Bhagvat Bhila Patil 34.88 3.84 c .Mirabai Bhagvat Patil r 47.s\ 5.23 09 Grantor 46.98 5.17 l0 .Manoj Tulshiram More Mrs.Raksha Manoj More 33.42 3.68 11 Mr. Shamrao Pandurang Jadhav Mrs. Archana Shamrao Jadhav 36.08 3.97 t2 Mr.Balu Chila Gangurde Apama Ugalal Gaikwad Alies Mrs.Aparna Balu Gangurde 46.01 5.06 l3 Grantor 34.88 3.84 20 ;Rrfi-9 m6.{ s9 C /l.)ll) 2_a _YQ Flat Name of Owner Carpet No. Area Sq. Mtrs Yotlng%o 14 Mr.Janardan Damodar Waghere s.Anita Janardan Waghere 47.51 5.23 U 15. r. Madhusudan Surendra Laggad . Nilima Madhusudan Laggad 46.98 5.17 I 16 Mr.Trambak Budha Bagul Mrs.Kalabai Trambak Bugul 33.42 3.68 17 Mr.Kailas Chintaman Borse Mrs.Kusum Chintaman Borse 36.08 3.97 18 Mr.Ajinkya Pradeep Jagdane Mrs.Bharti Pradeep Jagdane 46.01 5.06 l9 Grantor 34.88 3.84 20 Grantor 35.23 3.88 21 Grantor 34.O9 3.74 22 Grantor 36.08 3.97 L) Grantor 33.90 3.72 908.82 100.00 ) SU il,H- a f m6( I Ittottt s 4 !P r; 2- Y0 K THE SCHEDULE OF THE LANDED PROPERTY OF'TIIE SAISHARDDHA APARTMENT : All that piece and parcel of the land bearing Plot No. 24125126 Total adm. Area 7 R 17.05 Sq. mtrs. Out of that 6 R 76.82 Sq. Mtrs. Out of S. No. 3Allll2l2 situated at Village Makhmalabad Tal. & Dist. Nashik, within the limits of L registration and Sub - registration District Nashik, within the limits of Nashik Municipal Corporation said land is bounded as follows : East : Plot No.23 West : Colony Road South : Colony Road North : S. No.32l10 IN WITNESS WHEREOF the grantors herero set their respective hands this l0'h day of December in the year 2019. SIGNED SEALED & Deli vere The within named Grantor ,*_ TF ffi Shivpooja Buildcon Partnership firm Through Its Partner Mr. Jignesh Mansukh Kathiriya GRANTOR WITNESS:- 1) 2) s, r th{-*w .D\F.-r *- -q o*J*d- rreL..( P. h-.rtr... Llyu 22 a ? mB.l gB.gCir,tir a { o.- _ y(g s. .\ EXHIBIT-B BYE - LAWS OF THE BIIILDING SAISHARDDHA APARTMENT CONDOMINII,]M. CHAPTER-1 1. SHORT TITLE 4 aPPLICATION:- w A) These bye laws may be called the bye - laws of The SAISIIARDDEA APARTMENT COI\IDOMIMTJM. B) The provision of these by - laws apply to the SAISIIARDDHA APARTMENT CONDOMINII]M. AII the present and future owners, tenements, and their employees or any other persons that might use the facilities of the building in any manner are subj ect to the regulations set forth in the bye - laws. The more acquisition of iaking on license or any of the family units ( hereinafter referred to as units ) of the building or more act of occupancy of any of the said units will signifr that bye laws are accepted, ratified and will be complied with. DEFINATION$:- ( I ) In these bye - laws, unless the context require so otherwise. ( A ) ACT means the Maharashtra Apartment Ownership Act, t9'70 ( B ) Association means AsSociation of all the Apartment owners constituted by such owners for the purpose of SAISHARDDHA APA ITTMENT CONDOMINIUM. ( C ) BOARD means a Board of Manages, consisting of three persons all of whom shall be owners of APartment SAISHARD DHA APARTMENT CONDOMINIIIM ) ffi t 9L ?RI 6 .( L)9 I ? 0 11 { * s >) Ju K ( D ) BTIILDING means the building located at Plot No' 24125/26 Total adm. Area 7 R 17.05 Sq. mtrs. Out of that 6 R 76.82 Sq. Mtrs. Out of S. No. 3AlUl2/2 situated at Village Makhmalabad Tal. & Dist. Nashik, within the limits of registration and Sub - registration District Nashik, within the limits of Nashik and known as the SAISHARDDHA (- APARTMENT CONDOMINIUM. ( E ) DECLARATION meansr the Declaration which the sole owner of the building or all the owners of the building have executed and registered as provided in section - 2 ( F ) MAJORITY OF OWNERS means these owners holding 57%o of the votes in accordance with the percentage assigned in t}te Declaration. ( G ) Owner of apartment owner means the persons owing Flat in the SAISIIARDDIIA APARTMENT CONSOMINIUM. ( H ) Section means a section of the Act. (I)Unitmeansafamily Unit in SAISIIARDDHA APARTMENT CONDOMIMUM. a 2. Words and expressions used in these bye - laws but not defined therein shall have the meaning respectively assigned to them in the Act. 3. APARTMENT OWNERSHIP : The building located on bearing Plot No. 24/25/26 ^fotal adm. Area 7 R 17.05 Sq. mtrs. Out of that 6 R 76.82 Sq. Mtrs. Out of S. No. 3211111212 situated at Village Makhmalabad Tal. & Dist. Nashik, within the limits of registration and Sub - registration District Nashik, and known as the SAISHARDDHA APARTMENT CONDOMINIUM is subr.r-ritted to the provisions of the act 24 EII:F[-9, ?F.nt b $$( .'lttt'l .i Jo ss a , tt 25 *8 ce tx. 4.@:- 1) The object ofthe Association shall be :- A ) To be and to act as the association of Apartrnent owners of the building called SAISHARDDIIA APARTMENT ( hereinafter called the said building ) who have filled their \d respective Declaration submit their Apartrnent to the provisions of the Act. B ) To provide for the maintenance, repairs, replacement of the common areas and facilities by contibutions from the Apartment owners, and if necessary by raising loans for that purpose. C ) To establish and carry on all its own accounts or jointly with individual or with instructions education, physical, social and recreate activities, for the benefits of the Apartrnent owners. D ) To frame rules with the approval of the general meeting of the association and after consulting the competent authority establish a provident firnd and gratuity fund, if necessary, for the benefits of the employees of the association. c E ) To do all things necessary or otherwise provide their welfare expedient for the attainment of the objects specified in these bye-laws. 2) The association shall not act beyond the scope of these objects specified duly amending the provisions of these bye - laws for the purpose. 5. MEMBERS OF A SSOC IATION:- i) All the persons who have purchased the apartment unit in the S AISHARDDHA APARTMENT Condominium and executed their respective declaration under section 5, submitting their Apartment to the provisions of the Act, shall automatically be the F" ir (fii.( z-!, 99L ltom rO $ t I o t - members of thL Association and shall pay the charges for at least one share of the fare value of Rs.:- 2501- each. Each Apartment owner shall receive of the bye-laws on payment of Rs. 50/-. ii) Upon any Apartrnent owner selling his aPartrnent or absolutely conveying the same by way of gift under his will or otherwise, the purchaser or the Donne shall automatically become member of the association and shall be admitted as L the member, on payment of 'R"'- l0/- the share/s held by the Apartrnent owner shall be transferred in the of such purchaser or done on payment of Rs:- 3,000/- to the association. iii) On the death of an apartrnent owner, his apartment shall be transferred to the person or persons to whom he bequeath the same by his will or to the legal representatives/s of his estate in case he has not made any specific bequeath of the Apartment. The name of the legatee or narnes of the legal representative/s jointly shall be entered in the Register of the Aparknent owners maintained by the Secretary for the purpose of the administration of SAISHARDDIIA APARTMENT CONDOMINTUM, as the Apartment owner or jointly Apartment n owners whereby a legatee is a minor, the Apartment owner shall be entitled to appoint a guardian for such a minor. 6. JOINT APARTMENT OWNERS :- Where an Apartment has been purchased by two or tnole persons jointly they shall be entitled to the apartment and the share of the Association shall be issued in their j oint narnes, but the person whose narne stands first in the share certificate shall alone have the right to the vote. 7. HOLDING OF ONE SHARE COMPULSORY :- Every Apartinent owner must hold at least one shar-e of the Association ( joint apartment owners holding the share jointll, ) r] zRI.( (d bg ! t z*Yt-o 'lr 8. DISOUALIFICAIION:- No apartment owner shall be entitled to vote on the questions of elections of the members of the Board of Presidents, Secretary, Treasurer or any other office - bearer or be entitled to stand for election to such if he is in arrears on last day of the month in respect of his cofiribution for corunon expenses to the Association for more than 60 days. On the last day of the year preceding the year in which the election to the rJ board would take place. CEAPTER-2 VOTIN UORTIM A}[D PROXIE 9. VOTING : shall be on percentage basis and the percentage of the vote to which an Apartnent owner is entitled to is the percentage assigned to the family unit or unit5 in the declaration. 10. QUORUI\{ :- Expenses as otherwise provided in these bye-laws, the presents in persons of majority percentage of Apartment owners shall constitute quorums. r1. voTE TO BE CASTPERSON:- Vote shall be cast in person. CIIAPTER - 3 I ADMTNISTRATION 12. POWERS AND DUTIES OF ASSOCIATION :- The Association will have responsibility of administering the SAISHARDDH APARTMENT CONDOMIMUM in an efficient manner, except as otherwise provided the resolution of the Association shall require the approval by majority of apartment as owners casting vote in person. - ER , ts 9 5L AU --- y\! 4htrl It a 13.8!-acE-9E!@EN:- Meeting of the Association shall be held a suitable place convenient to the Apartrnent owners, as may from time to time be decided by the Association. 14.A!D[EII!@W-:- The annual of the association shall be held on the 3ls March every L year and such meeting where there shall be election by Ballot of Apartrnent owners for Board of Managers in accordance with the requirements for bye - laws. The apartrnent owners may also tmnsact such other business of the Association as may property come before then. 15. SECIALUEEIILIG '- It shall be the duty of the president to call a special meeting of the Association as directed by resolution of the board or upon a petition signed by authority of the Apartment owners and having been presented to the case may be the Registrar or any officer, duly authoriz"h by hi- in this behalf. The Notice of any Special Meeting shall state the time and place of such meeting and the purpose thereof. No other business c shall be transacted as a special Meeting, except as stated in the notice without the consent of 4/5 of the Apartment owners present in persons. 16. NOTICE OF MiETING:- It will be the duty of the secretary to mail or send notice of each annual or special meeting stating therein the purpose of the meeting as well as the \ime and Place where it is to be held, to each Apartment owner, at least 2 but not more than days prior to such meeting. The mailing or sending of such notice in the manner provided in the bye - laws shall be considered the notice served. Notice of all meeting shall be mailed or sent to the Housing Commissioner or as the case may be to the Registrar. FfE r .U mr.( B'tl;gC'iej t E z(- -vu + 17. ADJOURNED MEETING :- If any meeting ofthe apartrnent owner cannot be organized because of quorum not attained, the Apartrnent owners who are present may adjoum the Meeting to a time not less than 48 hows the time of the original meeting was caHdd. If at such adjourned meeting, also, no quorum is attained, the apartrnent owners present in person being not less than 2 shall from a quonrm. rJ 18. ORDER OF BUSIITIESS :- The order of business at all meeting of the Apartment owners shall be as follows :- A ) Roll call, B ) Proof of notice of meeting or waiver of notice. C ) Report of the Housing Commissioner or the Registrar duly authorized by them, if present. I D ) Report of Committee E ) Election of Board of Managers. F ) Unfinished business, if any. G ) New Business. CIIAPTER- 4 BOARD OFMANAGERS 19. MANAGEMENT OF ASSOCIATION :- The affairs of the association shad be govemed Board of Managers. 20. POWERAND DUTIES OFTHE BOARD:- The Board of Managers shall have the powers and duties necessary for the administration of the affairs of the association and any or all such acts and things are not by law or by these bye - Iaws directed to be executed and done by the association of the Apartment owners. SU r] $it B0 toll F a E t ^O€ Jo 2l.C[ERD@:- In addition to duties imposed by these bye - laws or by resolutions of the Association, the Board shall be responsible for the following that is so say :- a ) Care - up keep and maintenance of SAISIIARDDHA APAR T CONDOMIMUM and common areas and common L- area and facilities. r . b ) Collections of the monthly assessments from the Apartment owners. c ) Desigrration, employment remuneration and dismissal of the personnel necessary for the maintenance and operation of the condominium and the common areas and facilities and the restricted co[unon area and the facilities. d ) To provided 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 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. n f ) To sanction working expenses, count cash balance and deal with other miscellaneous business. g ) To see that cash written up promptly and is signed duly by one of the members of the Board authorized in this behalf. h ) To hear and deal with complaints. 22. 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 authorizes including but not limited to the duties listed in the bye - laws 21. tnn iqr ( BD *ys gb 7?0lu E s t- 1 23.@:- 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 two Managers shall be fixed at one year. At the expiration of the ialtial term of ofFrce of such respective Manager. A successor shall be elected to serve a term of three years. The Manager shall hold office until w their successors have been elected and hold their first meeting. ( if a larger Board is contemplated, the terms of office shall or 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 filled by vote of the majority of the iemaining managers even though they may constitute less than quorum and each person so elected shall be a manager until a successors is elected at the next annual meeting ofthe association. 25. REMOVALOF MANAGERS :- At any regular of special meeting duly called any one or more of the managers may be removed with or without caused by a majority of the apartment owners and a successor may then and there to fill the vacancy thus created. Any manager whose removal has been proposed by the owners shall be given an opportunity to be heard at the medting. 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 the managers at the meeting at which such managers were elected and no notice shall be necessary to the newly elected managers in order legally to constitute such meeting, provided a majority of the whole board shall be present. ffi-=.Bt' 6 L cRr.( ggL /hre & t, b); \9 27. REGIILARMEETING:- Regular meeting of the Board may be held at such time and place shall be determined from time to time by the majority of managers, but at least two zuch 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. At least three days prior to the named for such meeting' L 28. SPECIAL MEETING :- Special meeting of the board may be called by the president on three days notice to each manager. Give personally or by mail or telegraph, which notice shall state the time place (as hereinabove provided) and purpose of the meeting. Special meeting of the board shall be called by the president of secretary in like manner and on like notice on the written request ofat least three managers. 29. WAT\/EROF Before or at any meeting of the Board any manager may, in writing, waiver notice of such rmeeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a manager at meeting of the Board shall be a waiver of notice by him of the time and place thereof. If all the n managers are present at any meeting of the board no notice shall be required and any business may be transacted at such meeting. 30. QfIORUM:- At all meetings of the Board 1/3 of the total strength of the managers shall constitute a quorum for managers present at the meeting at which a quoruq is present shall be the acts of the Board If at any meeting of the Board there shall be less than a quorum present the majority of these present may adjoum the meeting, from time to time any business which might have been transacted at the meeting as originally called may be transaction without further notice, provided there is a quorunl present '-F3,F+- ,..,,.-.-' /--:-4*. f bbg $. 8z- Yw ?ot 1I + + s 3I.EIDELI@,IIE ,- The board may require that all ofEcers and employees of the association handling or responsible for association firnds shall fumish adequate fidelity bonds. The premium on such bonds shall be paid by the association. CIIAPTER.s - OFFICERS V 32. DESIGNATION:- The principal officers of the association shall be president, a vice president a secretary and a Treasurer of whom shall be elected by and from the Boards. 33. ELECTION OF OFEICERS :- The officers of the association Shalt be elected annually by the Board of the Organization meeting of each new board and shall hold officers at the pleasure of the board. 34. REMOVAL OF OFFICE Upon an affirmative vote of a majority of the members of the board of any officers may be removed either with or without cause and his C successor elected at any regular meeting of the board or at any special meeting of the board called for such purpose. 35. PRESIDENT:- The president shall be the Jhief Executive Officer of the Association. He shall president at all meetings of the association and of the Board. He shall have all ofthe general powers and duties which are usually vested in the office ofpresident ofan association, including, but not limited to the power to appoint committees from among owners from time to time as he may in his discretion decide to be appropriate to assist in the conduct of the affairs of the association. - 1 t sT Fr.( ,?olt, 31 _ 7\g ,x i$ 35. \/ICE PRESIDENT :- The Vice president shall lake the place of the president and perform his duties whenever the president shall be absent or unable to act. If neitlrer the president nor the vice - president is able to act, the board shall appoint some other member of the board so to act on interim basis. The vice president shall also perform such other duties as shall from time to time be I e- imposed upon him by board. 37.SEBBBX:- The Secretary shall keep the minutes of all meetings of the association, he shall have charge of such books and papers as the board may direct and he shall, in general perform all the duties incidental to the offrce of the secretary. 38. TREASLIRER :- The treasurer shall be responsible for association funds and securities and shall also be responsible for keeping fulI and rreceipts accurate accounts of all the and disbursements in books belonging to the association. He shall be responsible of the deposit of all moneys and other valuable effects in /A' the name and to the credit and the association in such depositaries as may from time to time be designated by the board. CHAPTER - 6 OBLIGATIONS OF TIIE APARTMENT OWNERS 39. ASSESSMENTS :- All owners are obliged to pay fuonthly assessments imposed by the association to meet all expenses relating to SAISTIARDDHA APARTMENT Condominium, which may include an insurance premium for a policy to cover paper work and reconstruction work in case of fire, earthquake or other hazard or calamity The assessment shall be made pro - rata according to the value owned, as stipulated in the declarations. Such assessments rl=. r 38 -* Vo 93 Qnnt + ?o I , shall include monthly payments to a General Operating Reserve Fund for replacements. 40.@:- i) Every owners must perfolrm promptly, all maintenance repair work within his own unit. Which if omitted would affect the SAISEARDDHA APARTMENT Condominium in entirely or in part belonging to other owners, being expressly v responsible for the damages and liabilities that his failure to do so may endanger. ii) All the repair of the intemal instailation of the unit such as water,light, gas, power, sewage, telephones, air - conditioners, sanitary, installation, doors windows, lamps and other accessories belonging to the unit area shall be at the expenses of the apartment owner concerned. iii) An owner shall reimburse the Association for any expenditure incurred in repairing or replacing any common areas & facility damaged through his fault. 41. USE OF FAMILY UNI -INTERNAL CIIANGES:- i) All units ( except units on the Ground floor, shop premises ) shall e be utilized for residential purpose only. ii) An owner shall not make any structural modifications on alterations in his unit or installation located therein without previously notirying the associatidn in writing through the president of the Board if no manager is employed .The association shall have the obligation to answer within thirty days and failure to do so within stipulated time shall mean that there is no objection to the proposed modifications, alterations or installation. 42. Use of common areas and facilities and restricted common areas and facilities An owner shall not place or cause to be placed or cause to be placed in the lobbies vestibules stairways, elevato rs and other area of SAISHARDDHA APARTMENT s tr E : 3 ?RE.( L I I ?o c B + t , t' 9s rle - Condominium and facilities of a similar nature both common and restricted any firmiture, packages or objects of any kind such area shall be used for ho other Purpose than for formal transit through them. 43. RIGHT OF ENTRY:- i) An owner shall grant the right of enty to the manager or to any other person authorized by thb board or the Association in case of an emergency originating in or threatening his unit whether the o owner is present at the time or not. ii) An owner shall permit other owners, or their rePresentative when so required to enter his unit for the purpose of performing installations, alterations or repairs to the mechanical or electrical services provided that request for entry are made in advance and that such entr5r is at a time convenient to the owner. In case of an emergency, such right of entry shall be immediate. 44. RIJLES OF CONDUCT :- I i) No resident of the SAISHARDDIIA APARTMENT condominium shall post any advertisement or posters of any kind or on the building, except as authorized by the association. ii) Residents shall exercise extreme care about making noises F or the use of the musical instruments, radios, televisions and amplifiers that may disturb others residents, keeping domestic animals shall abide by the Municipal Sanitary by laws or regulations. iiD It prohibited to hang garments rugs etc. from the windows, balconies or from any of the faces of the SAISHARDDHA APARTMENT condominium. iv) It is prohibited ro dust nlgs, etc. by beating on the exterior part of the said condominium. It is prohibited to throw garbage or trash outside the disposal installations provided for such purpose in the service areas. If such installation is not provided all garbage or trash shall be collected in a vessel and thrown in the municipal dust bin. { tr ,) TiB/ .3 L.-.-- I Yo '$ v) No owner, residence or lease shall install wiring for electrical or telephone installation television antenna, machines or air conditioning units, etc. On the exterior of the SAISHARDDHA APARTMENT Condominium op that produce through the walls or the roof of that condominium except as authorized by the Association. CIIAPTER- 7 \J FUNDS AND TFEIRII{\/EST MENTS 45. [UIr[pS :- Funds may be raised by the Association in all or any of the following ways namely :- a) By shares. r b) By contributions and donations from the apartrnent owners. c) From common profits which shall from the nucleus of the reserve funds. d) By raising loans, if necessary subject to terms & conditions as the associations, with approval of the competent Autliority may determine in behalf. 46. INVESTMENT :- C The association may invest or deposit its funds in one or more of the following ;- a) In the central co-op. bank br in the state co-op. bank or any other schedule bank or any other bank by the meeting. b) In any of the Securities specified in Section 20 of the Indian Trust Act, I 882. c) In any co-op. bank other than these referred to in clause (a) of this bye-laws or in any banking company approved for this purpose by the association. 47. APPLICATION :- Should there be any Federation of Apartment owners in the locality in which the SAIS HARDDHA APARTMENT condominium is rt 1 ms.t 5B L l?on) a 3u -r\) IK 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.@IE-:- i) A banking accounts shall be opened by the association into which all moneys received on behalf of the association shall be paid provided that the secretaqi, may retain in its personnel L custody an amount not exceeding Rs:- 1000/- for petty expenses. AII payment above Rs:-500/- shall be made by cheque signed by the secretary and one member of the board. ii) Each apartrnent owner shall have a passbook in which the se.retery shall enter amount paid to be orree eiyed jorlis receipts of profits from common expenses and his share of assessment and other dues, ifany, in respect of his apartments. iii) The association shall on or before3lst July in each year publish as audited annual financial statement in respect of the common I 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 ofthese liabilities and assets and how the value offixed assets has been arrived at iv) The audited financial statement shall be open to the inspection of any member of the association during office hours and in the office of thet association and a copy hereof shall be submitted to the competent authority not later than 15th August every year. v) Every financial statement shall be accompanied by complete list of the apartment owners. There shall also accompany the financial statement in a similar list of loaners. .38... al U g 9 b ( llo ?" E.[ ?r a 3 =d b The financial statement shall state to what date profits and expenses of common areas atre included. 49. LICATION OF A c RTS:- A copy of the last financial statement and of the report of the auditor if any, shall be kept in conspicuous place in the office of the association. I s0. APPOINTMENT OF AIIDITOR :- The association shall appoint at its general meeting auditor who shall audit the account of the association to be prepared by the board as hereinabove provided and shall examine the accounts relating thereto and shall either sign the sarne as found by him to be correct, or specially report to thre association in what respect he finds it incorrect, un-vouched or not in accordance with law. 5r. POWER OF AIIDITOR:- 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 a special report to the association upon any matter connected with the accounts which C appears to him to require notice. CHAPbER-8 MORTAGEES 52. NOTICE TO ASSOCIATION:- An owner who mortgages his units shall notifo that association through the Manager, if any or the president of Board in the event there is no manager, the name and address of his mortgages and the association shall maintain such information in a book entitled Mortgages of Units. ...39... ;ruH-g ' J sua. a mn.( b5r1lftqll ,e_ V\9 - 53. NOTI CE FORITIYP AID ASSESSMENTS :- The association shall at the request of mortgage of a unrt report any unpaid assessment due from the owner of such unit. CHAPTER-9 COMPLIANCE c 54. These bye - laws are set forth to comPly with the requirements of the Maharashtra Apartrnent Ownership Act, 1970 In case any of these bye - laws conflict with the provision of the Act will apply. ss. SEAL OF TIm ASSOCIATION :- The association shall have a corlmon seal which be the custody of the Secretary and shall be used only under the authority of resolution of t{e board and every deed of instruments to which the seal is afflrxed shall be attested or on behalf of the association by two members of the board and the secretary or any other person authoriz-ed by the association in that behalf. CHAPTER-10 c AMENDMENT TO PLAN APARTMENT OWNERSHIP s6.@:- These bye - laws may be amended by the association in a duly consisted meeting for such pulpose and no amendrlent shall take effect unless approved by owners representing at least 75%o ( percent ) of the total value of all units in the 1980 Aparlmenr Condominium as shown in the Declaration. IN WITNESS WHEREOF the grantors hereto set rheir respective hands this 10'h day of December in the year 201 9. 40 SIGNED SEALED & Delivered by * I SHTYPOOJA BT,ITLDCON PARTNERSHIP FIR]\{ THROUGII ITS PARTNER rrF 'i-' MR. JIGNESH MANSI]KII KATIIIRTYA 7-*= GRANTOR WITNESS:- C 2f.;;f\u^; SiP.re <.. coJJ 1r 2 t^ pr6'l*J e kcl-t[^ T{r+-s 1 sU 7q?( \555C ii{?t) E sI a Yo --Yc-o q Page I of I xrErl fr-riT : oJ/t ozo L vfusnrhrqrf | -lRrti t4tie1'{IF ifoGt{ lrffir srFr el{lrql( fir 5,{!t r gFc-{tr lr!, ) B.rrr. r. ? .ndh. h.nr r..r.E fiFr I I r :. -rfir5 ,ERt:-arfo-. drE?r t{sl{--{ii': tlore rfii- : o2,|oaotg EscftAErr lZr I 2t t9) 7tar,Ir f-i rHr ?.r7.ot fra idl rr{ ll 396,2 I F tnr uri[ srdTf | ( !6r6',r I lB. -6 \9 x ?r€F[-9 cnr.( bg nor,) 83€ o tt I I llII rfiD tr r II 7 T I i a r Il! rT rE{ ffi lo i I o o trtrtrtr tI trtrEtr ffiffi IJ E ! ,,1- ! 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