{c) Apartnentl Ap;I-tments and the ;>ercertage of undivided interest in the conmon areas and facilities penalning to each apartment are not encumbered in any llanner ....hatsoever on the date of this declaration. SEVENTH- That the administratron of "8 SQUARE APARTMENT CONDOMINIUM" consisting d~ c!furesaid of tne building and parcel of land described 10 paragraphs First and Fifth of this deed shall be in accordance with the provls'ons of this DEed and ....ith the prOV'SI01Sof the bye-laws which are made a part of this deed and are attached rereto as Exh. B. EIGHTJ-- That asappea-saoovea pla'l of apartment ownership is hPl'Phyconstituted under and subject to the provisions of the Maharashtra Apartment ownersntp Act, 1970 so that the family units of the upper floors may be conveyed and registered iI~individual properties capable oflndependent use, on account of each havtng its own exit to a common area and facility of the building, each family unit owner having an exclusive and particular right, title and interes: over his respective family unit and in comnon areasand fac:illllesandl or restricted commonareasand facilities. HINETH- That for tre purpose of stamp duty and registration fees to be Imposed on t'le registration at tnrs Deed In the Register of Declaration and Deeds of Apartment under section 13 [5] the value of UIt:"6 SQUARE APARTMENT CONDOIAINIUM" k di~tribt.ted and is valued on the basis of sale of agreement executed In favour of purchaser or to be executed hereinafter. TENTH- That so long as tre Grantors owns onp or more of the units, the Grantors s'lall be subject to the provisions of t,is Deed and of the Ex~lbfts Aand B attached hereto and the Grantors covenant to take no action which will adversely affect the rights of the Assoctanon of Apar:ment owners with respect to assurancesaglinst lctcnt defects in the building or other rights assigned to tte Association by tl-e reilq')n~ of the establis'iment of "S SQUAREAPARTMEHT COM DOMINIUM". ELEVENTH- That the general and I or restricted common areas and facililie~ shall remain undivided and no owner shall bring any action for partition or division thereof. lWELTH- Tnat the percentage of the undivided interest in the general and/or restricted common areas and facilities established herein shall not be change<.except wilh the unanlmousconsent of aU the apartment owners expressed in a-nendrnents to this Deed registered. , THIRTEENTH· - That the undivided Interest in the general and/or resulcted common areas and rcl('llities shall not be separated from the unit to which it appertains and shall be deemed c:lI1veyedor e,clJ1lbered with the urit even though such interest is not expressly mentioned or described in the conveyance or other instrument. FUURTEENTH· That each apartment owner sha.l comply with the provisions Of this Deed. the bve-laws, decisions and resolutions of the Association of Apartment Owners or its representatives, and failure to comply with any such provisions, oectsion or resotunon, shalt be grounds for dll dLlioll to recover SUIII~. FlmENTH· That the dedication of the property to the plan of Apartment Ownership herein shall not be removed or the property removed (rom the Plan of Apartment Ownership, or any of the provisions herem amended unl"".. all of the apartment owners and the rnortaagee of all the mortgages covering the units unanimously agree to such revocation or amendment, or removal of the property from the Plan by duly registered instrument. SIXTEENTH· That no apartment owner of a u1it may exempt hlrnsetf/hersetf from liability for his cmtrlbutlon towards the common expenses l.e. building maintenance, common water and etectnc buts, watchman salary, etc. by waiver of the use or ellju/ll1ent o( any of the general ardlor restricted com-nonareas and facthttes or by the abandonment o( h 5 (ilmily unit SEVENTEENTH· All sums assessed by the I.Ssoclatlon but unpaid rUI ll~ :ohare of the com-non expenses chergcaetc to any Unit sha.l cons:itute a c'large on such family unit prior to all other rhilrges except only [1] charge. if any, on the family unit for payment of Government or Municipal Taxes or both, and [2) all sums unpa'd on a first mortgage of tl'e Apartment. EIGHTEENTH· That all present or future owners, tenants. or any ott-er person that might use the facilities of the building in any manner, area subject to the provisions of this Deed and that the mere acquisition or rental ot any of the umt of the bLildlngor the mere act of UCLJl1cU)L} of I'Inyof the said unit shall signifythat the provtsons of this Deed are accepted and ratified. The respective family unit shall not be rented or given on leave and license or care' taker basis by tne owners thereof, 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 ot the family units are provided customary hotel or bOilrrling or loelging or paying guest services other than the foregoing obligations, hostels, commercial use and the apartment owners of the respect've family units shall have the absolute right te lease such untt or giVeit on leave and license or care-taker basis provided that said lease or leave and license or cere-taker ba~i~is made subject to the covenants and restrictions contained in this Declaration and further subject to the bye laws in Exhibit B attached hereto. NINETEENTH· That if the property subject to the plan of Apartment Ownershipis totally or substantially danaged or destroyeo, tnp rprilir, rpronstruc.tion or disposition of the property shall be as provided by the Maharashtra Apartment OwnershipAct 1970. TWENTEETH· That where a unit is sold by a mortgage in exercise of his powers of sale under an Englishmortgage or by a Court in execution of a decree in a suit brought by a mortgagee against the owner of such unit, then neither the mortgagee nor the purchaser who derives title lo the unil ell such sate, or his successorsor assignsshall be liable, for assessmentby the association which became due prior to t~e ?('C1uisilionof title by such acquirer; it being mderstood. however, that the above shall not be construed to prevent the Association of Apartment, Owners from fili~g and claiming charge for such assessmentsand enforcing same as provided by law, and that such dldl!lt' ~hdll be subordinate to such mortgage. TWENlY FIRST· That each unit holder transferring his right I unit shall have to obtain a !'lac from the commtttee formed unantrnously and the HOCcharges for transfer of any unit, asdecided and confirmed in the meeting unanimously, shall be paid by the trilnsferorfailing to which the NOCfor the trasfer of name in the revenue record will rot be Issuedby the Apartment and the in coming member will not be admitted in the apartment as a member. TWENlY SECOND· That the Manager of Board or Managers of the Association shall obtain and continue in effect blanket property insurance in form and amounts satisfactory to mortgages holding first mortgages covering family units but without prejudtctat to the nght of the owner of a family unit to obtain individJal family unit insurance. TWENlY THIRD· That insurance premium for any blanket insurance's coverage shall be a common expenses to be paid by monthly assessment levied by the Association of Apartment O.vners;and that 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 premiums become due. (10) J41FrNESS WHEREOF the Grantors as aforesaid hereto set their hands. SIGNED,SEALEDa DELIVERD BY WITHIN NAMEDGRANTORS SQUAREESTATE,part narship firm through its partner MR. JAG DISH DATIATRAYSONAR~ IN (lHE RESENCEOF WITNESSES:- ........ :J 1. L • '~J ~ I~ • • !/fJ,t Sl/~ EXHIBIT"A" ~7.(..ne..)l: !;~:9,1 The building plan ts attached herewith. ",0 - '17 EXHIBIT"B" BYE LAWSOF "8 SQUAREAPARTMENT CONDOMNIUM" ANNEXURE· A THE DETAILEDDESCRIPTIONOF THE UNITS· GROUNDFLOOR Shop Area Boundartes No. carllet East West South North Sg. mtrs. 1 31.20 Side Stafrccsc Side Shop 2 Margin Margin 2 42.74 Side Shop 3 Staircase Side Margin Margin 3 13.46 Shop 2 Shop 4 Staircase Side Margin t' Side Side Office 16 Balcony 14.69 Margin Margin 16 49.42 Office 17 Side Staircase, Side Balcony 20.30 Margin Office 15 Malgln 17 57.62 Side Office 16 Staicase, Side Balcony 25.32 Margin Office 18 Margin 18 36.80 Side Staircase, Side Of'icl!' 17 Balcony 16.02 M",rgln Lift Margin FIFTH FLOOR Off. Area Rnllndllrie:i No. !;arllet East West South North Sq. mtrs. 19 18.11 Staircase S1de S1dE> Office 20 B"'lrnny 14.69 Margin Margin 20 49.42 Office 21 Sid~ Staircase, Side Balcony 20.30 Margin Shop 19 Margin 21 57.62 Side Office 20 Office 18, Side Balcony 25.32 Margin Staircase Margin 22 36.80 Side Staircase Side OHice 21 Balcony 16.02 Margin Margin ANNEXURE - B PERCENTAGE OF VOTING OF THE UNIT HOLDERS Unit Nos. percentage 1 2.98 2 4.09 3 1.29 4 1.29 s 1.19 6 1.29 7 1.29 8 1.76 9 3.76 10 2.87 11 1.76 12 4.72 13 5.51 14 3.52 second floor 15.78 thIrd floor 15.78 15 1.76 16 4.72 17 5.51 18 3.52 19 1.76 20 4.n 21 5.51 22 3.52 100 ~ EXHIBIT B BYE-LAWS OF "B SQUARE APARTMENT' CONDOMINIUM CHAPT~R - I 1) SHORT TITLE AND APPICATION :- a) These bye-laws may be called the bye-laws of the" B SQUARE APARTMENT' Condominium. b) The Provisions of thpsp hye-Iaws apply to the "S SQUARE APARTMENT Condomhium. Z) DEFINITlONS:- In these bye-laws, un.ess the context required otherwise . a) 'Act' means the lAaharashtra Apartment Ownership Act - 1970. b) "Association" means the Association of all the Apartment Owners constituted by such owners for the purpose of the "B SQUARE APARTMENT" Condominium. - " # \ Board means a board of Manager consisting of persons, all of whom shall be cwn e r.. of apartment in "8 SQUARE APARTMENT". d) "Building' means the building located at Nash'k Tal. & Oist. "ashik ft Known as '6 SQUARI:APARTMENT" CondomInIum ard Includes the satd p.ot of land and forming part thereof. e) "Declaration means the declaration which thp ..nIp owner of the building or all the owners of the bulldirg "ave executed and registered. f) "Owner" means the person owning an apartmem 10 the 'B SQUARE APARTMENT". g) "Unit" means a unit in "B SQUAREAPARTMENT". 3) APARTMENT OWRNERSHIP ;. The building located on Plot of land beanngPlot No. 1 admeasuring 777.87 sq. mtrs. (and along v.ith the -DR loaded of 275.00 sq. mtrs.) from and out of Re~enueSurvey No 10417;1 situated. lying a & beln!! at village Ambad Kd, Tal. Dist. Nashlk, within the limits of Nashik Municipal Corooratlon, Nashik, Known as "6 SQUARE APARTMENT"Condominium, and is subjected to the provisions of the saId Act. 4) OBJECT<;OF ASSOCATION ;- 1) The Objects of the Association shall be : a) ro be and to act as association vr lile Apartments of the building catted "B SQUAREAPARTME~lrwho have filed their respective riprillralion submitting their apartments to these provisions. b) To Invest or deposit rroneys. c) To provide tor the maintenance £: repaIr of common areas and tacllllit:) lJy contrlbct lon f-om apar:ments owners. d) To provide for and to do all and any of the matters proviripri 111 Section 16(2) of the Act. e) To frame rules, with the approval of the general meeting a after consulting the authority for the benefit ot the employees of the A:':'ULic!tiol1. fI To do alt the things necessary andlor otherwise provide for their ..... elfare expedient for the attetrment of the objects specified in the bye-laws. g) Toadvance, with the consert of the Apartment owners, any short term loans to any apartment owrers In case of any emergent necessity and to provide (or the repayment thereof in lump slin o' in installments. h) To establish & carryon its own account or jointly with i1dividuals or institutions, educational, physical, social a re-creative acttvittes for the benetrt 01 the Apartment Owr-er s. 2) The Association shall rot act beyond the scope of its objects without duly amending t te provisions of tnese bye-laws for that purpose.