_, 395129 Origonal/Ouphcale Monday Januaoy03 .2022 ;ffi1:ft t. :391< 4:15 PM Regn.:39M I'fP.I"'fr :t.. 31 Fm..: 03/01/2022 ~ :rn; 'fI1'l? .,..,,0."011.. , ~: 'f'1'I'5·29·2022 -;=1li,'i4 iii.,. ~: fi"'f"'1',,~ 'iJ'IrT ~.j ""'4,'; 'I'l'f =r=vfi 'PIT"'"~. 'J'f'f .... ,\11.. "O'ru7T:or '1ifi't"fT ~ ~ ~"",:if. '!. ~ '1" -,,0,4,5; "'J: ~ ~ T.. 100.00 .,.,. ijlal;iVlI:'IR:: 2912202102511 ~ 03/0112022 AA 'I'l'f 'l qm; 2) ~:R:TT: eChalian 'T,'r: ".100/· "ft;!'t/~'rfT 3!lfT~: MH010818642202122Ef.!";tt-r.; 03101/2022 ~ 'I'l'f ~ 'Ar. --------- ------- ---- --- - -- - - - -- - -- --- ~.lfi.2 111111111111 <"'f if.l!t'.f. : 29/2022 04/01/2022 ;fr;Mr : Regn:63m -,-------------------------------------------------------------- (l)Ri';".iI'''' ~ '-(2)~ (3) :mlT!'.Tp;j·(.,ha4,"4' 1 "-i1?1M(iqall~f.i" ~~f.t~ if "!""If' ;;.rf..f) (4) ''):-lIl"'I'!, q'j;,~","". 1) Q,M&i<4 'I1"'I":'!"I1m; l!" 'I.'1T . .".,. 'f1J\;r:, 'NT lfliWft: "I'Iir "TTIT'V infu.r 'P.: of. 493/2/""fR17 ~'",4 i'f.(mT"'l") -.:rMf ~ an 393.86 9l.>ft. 'lf~ 'fffYr.;; qt"""G,M¥, 'lTfliA; ~ ,,,,,,,,,,61 ti'!Tfur ,i1ft. 'I"'Wi:frti"t;rr ~ ~ '.!tit;;-il;.,.. ':( ~ ff~;:rr:t FP.rr ~ "' RBI Name of Bank Bank-Branch lOBI BANK '~------------r-----------------+----------r------------------~ Name of Branch with Scroll No .• Date Not Verifiod Sa-oII _ Departm.nllD : Mobile No. : 9999999999 .: NOTE:· This challa" I, valid for document to be reglstorad In $\Jb Rcglltrar offlco only. Not valid for unroglatorod document, ~1~.;ml!I -a.'mis ~ Iffiftlll> ;;p-rorcmra 011cioft ISRltruI't2lI """"it.IIOl 0'IT'!l 3l'It. C'ii~.O VI tb'\':lu ,. ~ili.\ \..- -OS. 09. Second Carpet area adm, 37.65 Sq. MIl'S., Unsold .1)Mr. Manohar Subhash Shewale 2) Mrs. Vaisbali Manobar Shewale Agreement to Sale is registered in the office of Sub - Registrar Nashik - 3, Reg. No. 3526 on 12/04/2021. to. Third Carpet area adm, 37.65 Sq. MIl'S., I) Mr. Gajanan Prakash Patil 2)Mrs. Dharti Prakash Patil Agreement to Sale is registered in the office of Sub - Registrar Nashik • 3, vide Sr. no. 7733 on 20/09n021. J 1. Third Carpet area adm. 37.65 Sq. Mtrs., Unsold 12. Third Carpet area adm. 37.65 Sq. Mtrs., Unsold 13. Fourth Carpet area adm. 38.00 Sq. MlTS., Unsold 14. Fourth Carpet area adm. 37.65 Sq. Mtrs., Unsold 15. Fourth Carpet area adrn. 37.65 Sq. Mtrs., Unsold 16. Fourth Carpet area adm. 37.65 Sq. Mtrs., Unsold Purpose - All above motioned Units arc Residential Units. And all the above mentioned Residential Units! Flats of each Floor have main doors of this apartment and has access to common areas namely in the landing. B) Common areas llnd facilities: . , 1. All that piece and parcel of the land as described in the schedule written herein under 2. Parking space provided of the said building to all the owners. 3. Following facilities located throughout the building: AMMENITJES AND SPECmCATIONS. 1=1. : :'.. !i~J') i·' . provided and verified by the purchasers and about all the amenities the purchaser/s islare satisfied. (the details of amenities are described in particular title deeds). C) Restricted common areas» As mentioned above, the adjoining/attached terraces, parking space, and marginal open space allotted to the individual owner/s shall be uses and utilized by the flat owners to whom the said terrace, parking space and marginal open space is allotted and except to such allotted nobody shall have and right, title and interest on the said adjoining/attached terrace, parking space, marginal open space. SEVENTH:- a) That the right, title and interest of each owner of the residential unit in the general conunon area and facilities as listed above and their proportionate share in the profit and common expenses in the general common areas and facilities as well as the proportionate representation for ., the "SAl KRUPA APARTMENT" is of all residential units as follows:- APARTMENT NO. VOTING AND OWNERSHIP PERCENTAGE Apartment/Flat No. J 6.292% Apartment/Flat No.2 6.235% Apartment/Flat No.3 6.235'Y. Apartment/Flat No.4 6.235% Apartment/Flat No.5 6.292% ApartmentIFlat No.6 6.235% Apartment! Flat No.7 6.235% Apartment! Flat No.8 6.235% Apartment! Flat No.9 6.292% Apartment! Flat No.1O 6.235% Apartment! Flat No.ll 6.235% Apartment! Flat No.12 6.235% Apartment! Flat No.13 6.292% Apartment! Flat No.14 6.235% Apartment/Flat No.l5 6.235% Apartment/Flat No.16 6.235% Total =100% v- ~<~ ....... 1I--bHCh. pre.porticonalterepresentation for voting purposes with respect ,to the.'said restricted cornmon areas and facilities in the meeting of the Association of Apartment is based on the proportionate value of each family units to the total value of all residential units & as provided in (a) hereof may be limited in accordance with the provisions of the bylaws attached hereto may be limited in accordance with provisions of the by laws attached hereto as the Exhibit B. c) Apartment and the percentage of undivided interest of the common areas and facilities appertaining to tbe apartment, (each apartment) are not encumbered in any manner whatsoever on the date ofthis declaration. EIGHT:- That the administration of "SAl SRUSHTI APARTMENT" consisting as aforesaid of the building and parcel of land described in the schedule and Paragraph 6 of this deed shall be in accordance with the provision of this deed and with the provision of the Bye Laws which are made a part of this Deed of Declaration and are attached hereto. NINTH :- That as appeared above a plan of apartment ownership is herby constituted under and subject to the provision of Maharashtra Apartment Ownership Act 1970, so that all the residential units of may be conveyed and registered as individual properties capable of independent use on account of each having its own exit to a common area and facilities 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 undivided interest in the cornmon areas and facilities and/or restricted common areas and facilities. TENTH:- That for the purposes of stamp duty and registration fees to be imposed on the registration of this deed in the Register of Declaration and Deed of Apartment under section 13(5) the value of the "SAl SRUSHTI ; AP ARTMENT" is distributed as per value of the land and value of the respective residential unit which are registered in the office of sub-registrar as described before. ELEVENTH:- That so long as tile Grantor owns one or more of the Residential Units, the Grantor shall be subject to the provision of this deed of the Exhibit A & B attached hereto and Grantor Covenants to take no action which will adversely affect the rights of the Association of the Apartment owners with respect to assurances against latent defects in the said building or other rights TWELTH:- That the general common areas and facilities shall remain undivided and no apartment owner shall bring any action for partition or division thereof. And no apartment owner shall not make any kind of changes, which may cause injuries or damage to the structure of the said Building. THIRTEENTH: - That the percentage of undivided interest in the general andlor restricted common areas and facilities established herein shall not be changed except with the unanimous consent of all the apartment owners expressed in the amendment to this deed duly registered. FOURTEENTH:- That the undivided interest in the general and/or restricted common areas and facilities shall not be separated from the residential unit to which it appertains and sball be deemed conveyed or encumbered with the unit even though such interest is not expressly mentioned or described in the conveyance or other instruments. FIFfEENTH:- That each apartment owner shall comply with the provision of this Deed of Declaration, the Bye Laws, decisions and resolution of the Association of Apartment owners or its representatives, and failure to comply with any such provision, decision or resolutions, shall be grounds for an action to recover sums dues, for damages, or for injunctive relief. SIXTEENTH:- That the dedication of the property to the Plans of Apartment of Ownership herein shall not be revoked, or the property removed from the plan of Apartment Ownership, or any of the provisions herein amended unless all of the apartment owners and mortgagees 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 instnunents. SEVENTEETH:- That no Apartment Owner of a residential unit, may exempt himself from the liabilities for its contribution towards the common expenses by waiver of the use and enjoyment of any of the general and/or common areas and facilities or by the abandonment of his residential unit. :E!m!I~:fdJrn:-That - by the association but unpaid for the \~yp.-o}' 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 residential unit for payment of Government or Municipal Taxes or both and (2) all sums unpaid on a first mortgage of the Apartment. NINTEENTH:- That all present or future owners, tenants, future Tenants or any other person that might used the facilities of the building in any manner, are subject to the provision of this deed of declaration and that the mere acquisition or rental of any of the residential unit of the building or the mere act of occupancy of any of the said units shall signify that the provisions of this declarations are accepted and ratified. The respective family units shall not be rented or given on Leave and License 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 units are provided customary Hotel or Boarding or Lodging or Paying Guest Services other that the foregoing obligations, the Apartment Owners of the respective residential unit shall have the absolute rights to Lease such unit or give it Leave and License on or care taker basis provided that the said lease or Leave and License or Care taker basis is made subject to the Covenants and Restrictions contained in tltis Declaration and further subject to the Bye Laws in Exhibit B attached hereto. TWENTEETH:- That if the property, subject to the plan of apartment ownership is totally or substantially damaged or destroyed, the repair, reconstruction or disposition of the property shall be as provided by the Maharashtra Apartment Ownership Act 1970. TWENTY FIRST:- That where the family unit is sold by a mortgagee in exercise of ltis powers of sale under the English Mortgage or by a COUltin execution of a Decree in a Suit brought by a mortgage against the owner of such -. unit, then neither the Mortgagee nor the Purchaser who derived title to the such family unit at such sale, or his successors or assigns shall by liable, for assessments by the Association which become due prior to the acquisition of title by such acquirer, it being understood, however that the above shall not be construed to prevent the Association of Apartment Owners from filing and claiming charge for such assessments and enforcing same as provided by law, and that such charge shall be subordinate to such Mortgage. . -_. imj~~~s~IISD~en,tSby the Association of Apartment owners against the later for his share of the common expenses up to the time of grant or conveyance without prejudice to the Grantee's right to recover from the Grantor tbe amounts paid by the Grantee thereof. However, any such Grantee shall be entitled to a statement from the manager or Board of Manager of the Association, as the case may be setting forth the amount of unpaid assessments against the such Grantor due to the Association and such Grantee shall not be liable for, nor shall the Residential unit conveyed be subject to a charge for, any unpaid assessments made by the association 0 f apartment owners against the Grantor in excess of the amount therein, set forth. TWENTY TIDRD:- That the Manager or Board or Managers of the Association shall obtained and continues in effect blanket property insurance in form and amount satisfactory to Mortgagees holding first Mortgages covering residential units without prejudicial to the right of the owner of a residential unit <),;lft_i'~1>", j5 .-:: / .-;:'l' . ~\I..;" ~ tJ ._ - f- (fj t:Gii!-;ili_,( -'--_.:.' ?{} " i j/.\>l: ,,?C.;~'1';:1fi, $"..... .$- ~. b. /. , / "L- ~ ~ I-- . ~ ~-",", ""'f fi:J " ... I \ ;;"(0) T.0 reratn ~ 'i"'~'1 icenseif possible, suitable portion ot the co , . '.J" • ;1'/ /.,~-'L_. i , ' • 'outsideg;_~, .c ercial purposes and to distribute the common profits left i, -~'" ./ .... dructing 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 of the Section 16 of the Act; (f) To advance with the consent of the Apartment Owners any short term loanls to any Apartment Ownerls in case of emergent necessity & to provide for the repayment thereof in lump sum or in installments; (g) To establish and carry on, on its own accounts or jointly with the individuals or institutions, educational, physical, social & recreative activities for the benefits of the Apartment Owners; (11) To frame rules, with the approval of the General Meeting of the Association & after consulting the Competent Authority & may establish a provident fund and gratuity fund, if necessary, for the benefit of the employeels of the Association; (i) To do all the things necessary or & otherwise provide for their welfare expedient for the attainment of the objects specified by these bye-laws. - . 2. The Association shall not act beyond the scope of its objects without duly amending the provisions of these bye laws for the purpose. 5 MEMBERS OF THE ASSOCIATIONS:- I] All the persons who have purchased Apartment in the said "SAl SRUSHTI APARTMENT" & have executed respective Declarations uls 5 of the Act submitting their Apartments to the provisions of the Act shall automatically be the members of the Association, and shall pay the sum of'Rs. 1 (One) as the entrance fee and may purchase at least one share of the face value ofRs. 1001- each if any. Each Apartment Owner shall receive a copy of the bye laws on payment of Rs. 100/- (Rs. One Hundred Only). 2J Upon any Apartment Owner selling his apartment or absolutely conveying the : same by way of Gift under his will or otherwise, the Purchaser or Donee shall automatically become a member of the Association & shall be admitted as member on payment of the entrance fee of Rs.I/-, or the fees which the association will fix time to time. The shares held by an Apartment Owner selling the Apartment shall be transferred to the name of the purchaser or Donee 011 payment of the transfer fee to the Association. ~~~~~Pe~:::~be ~ transferred to the the same by his will, or to the Legal ~~~ffi~,tive 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 jointly shall beentered in the Register of Apartment owners maintained by the Secretary for the purpose of Administration of the "SAl SRUSHTI APARTMENT" 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. 61JOlNT APARTMENT OWNERS :- Where an Apartment has been purchased by two or more persons jointly, they shall be jointly entitled to the Apartment WId the shares of the Association shall be issued in their joint names, but the person whose name stands first in the Share Certificate shall have the right to vote. 71 HOLDING OF ONE SHARE COMPULSORY :- Every Apartment Owner must hold at least one Share of tile Association [Joint Apartment Owners holding the sharels jointly]. 8] DISQUALIFICATIONS:- No Apartment Owner shall be entitled to vote on the questions of the Election of the members of the Board or the President, Secretary, Treasurer or any other office bearer or to be entitled to contest an Election to such office, if he is in arrears 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 91 VOTiNG :- Voting shall be on a Percentage basis and the percentage of vote to which the Apartment Owner is entitled is the percentage assigned to the Unit or Units in him Deed of Declaration. 10J QUORUM: -Except as otherwise provided in these byelaws the presence in person of a majority of Apartment Owners shall constitute a Quorum. 111VOTES TO BE CAST IN PERSON :- Votes shall be cast in person. ~ ~ -, suo, ~'()\~T 17 • ~ . Ih7f\'..i~a:j-? I~~ '~~3'1-~-? 1· ~ ,'-., ~!! ~ <'f!' !I~ _~ '~~ \ ~ ~ S' \~ Q '_ ) ~iil( C\ a •.,_ , ,Ii' C!I\'--. " .... }, ,-.- ,';- · ,: ~~. I-l.~. ~j~i ~ ~ J>! .:..'@' ~-$ :" !!! "; ;; ,:' !APTER - III ~NISTRATION.. ,j. C{~ y' ...... =r ----' ---. . .\ ..... (r. ~o...c,. I J ~t WER& '';tUTIES OF THE ASSOCIATION:-The Association will 'h~f:I\e?p~~;ib7tity of administering tbe "SAl SRUSHTI APARTMENT" approving the annual Budget, establishing and collecting monthly assessments, and arranging for the management of the apartment in an efficient manner. Except as otherwise provided, resolutions of the Association shall require approval by a majority of the Apartment Owners, casting votes in person. 13. PLACE OF MEETING:- Meetings of the Association shall be held at suitable place convenient to the Apartment Owners as may from time to time be designated by the Association. 141 ANNUAL MEETING: - The first annual meeting of the Association shall be held within a period of two months from the date of the registration of the Declaration Deed. Thereafter the annual meetings of the Association shall be held on the first day of May of each succeeding year. At such meetings there shall be elected by Ballot of the Apartment Owners a Board of Managers in accordance -, with the requirements of bye-laws 23. 'The Apartment Owners may also transact such other business of the Association as may properly come before them. 15) SPECIAL MEETING: - It shall be duty of the President to call a Special 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 Secretary, or at the request of the Housing Commissioner, as the case may be, the Registrar or any office duly authorized by him 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 shall be transacted at a 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 be the duty of the secretary to mail or .- send a notice of each annual or special meeting, stating the purpose thereof as well as the time and place where it is held, to each apartment owners, at least 2 but not more than 7 days prior to such meeting. The mailing or sending of a notice in he manner provided in this bye law shall be considered notice served. Notices of all the meetings shall be mailed or sent to the Housing Commissioner, or as the case may be, the Registrar. 18 If any meeting of any owners cannot be ~ti8~~:be:callse 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 meetings also no quorum is present the owners present in person been not less than two shall form a quorum. 18) ORDER OF BUSINESS:- The order of business at all meeting of the owners of units shall be as follows: a] Roll Call. b] Proof of notiee of meeting or waiver of notice. c] Reading of minutes of preceding meetings. d] Reports of Officers. e] Report of the Housing Commissioner or the Registrar or authorized by them if present. t] Report of Committees, g] Election of Board of Managers. h] Unfinished business, if any. i] New Business. CHAPTER-IV BOARD OF MANAGERS 19) l'l-lA AGEMENT OF ASSOCIA TION:- The affairs of the association shall be government by a Board of Managers. 20) PO\VERS & DUTIES OF THE BOARD:- The Board of Managers shall have the powers and duties necessary for the administration of the affairs of the association and may do all such acts and things as arc not by law or these bye laws directed to be exercised and done by the owners. 21) OTHER DUTiES:- In addition to the duties imposed by these bye-laws or by resolutions of the Association, the Board shall be responsible for the following that is to say: - A) Care, upkeep and surveillance of the "SAl SRUSHTI APARTMENT" and the common areas and facilities and restricted common areas and facilities. B] Collection of monthly assessment from the owners. C) Designation, employment, remuneration and dismissal of the personnel necessary for the maintenance and operation of the "SAl SRUSHTI APARTMENT" and the common area and facilities and the restricted common areas and the facilities. E] To inspect the accounts kept by the secretary and/or the treasurer and examine the registers and account books and to take steps for the recovery of all sums due to the association. F] To sanction working expenses, count cash balance and deal with other miscellaneous business. GJ To see that the cash-book is written up promptly and is signed duly by one of the members of the Board authorized in this behal f. H] To hear and deal with complaints. 22) MANAGER:- The Board may employ for the association a Manager at a remuneration determined by the Board to perform such duties and services as tile board shall authorize including but not limited to the duties listed in the bye-law 21. 23) ELECTION & TERM OF 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 two Mangers shall be fixed at one year. At the expiration of the initial term of office of each respective Manager, A successor shall be elected to serve a term of three years. The Manager shall hold office until their successors have been elected and hold their first meeting. Of 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) VACAr CIES:- 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 remaining 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 of the association. 251 REMOVAL OF MANAGI~I{S:- At any regular or special meeting duly ealled anyone or more of the managers may be removed with or without cause 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 meeting. -- meeting of newly elected Board within ten days of election at such place as shall be fixed the ~~ba~~ers 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. 271 REGULAR MEETING:- Regular meetings of the Board may be held at such time and place shall be determined, from time to time by a majority of managers, but at least two such meetings shall be held during each year. Notice of regular meetings of the board shall be given to each manager, personally or by mail, or by telegraph, at least three days prior to the day named for such meeting. 281 SPECIAL MEETING:- Special meetings 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 meetings of the Board shall be called by the President or Secretary in like marmer and on like notice on the written request of at least three Managers. .' 29) WAIVER OF NOTICE:- Before or ay any meeting of the Board, any manager, may, in writing, waive notice of such meeting 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 Managers are present at a meeting of the Board, no notice shall be required and any business may be transacted at such meeting. 30) QUORAM:- At all meetings of the Board 113 of the total strength of the Managers shall constitute a quorum for Managers present at the meeting at which a quorum 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 those present may adjourn 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 quorum present. 31) FIDELITY BQNOS:- The Board may require that all officers and employees of the association handling or responsible for association funds shall furnish adequate fidelity bonds. The premiums on such bonds shall be paid by the association. l.I!!!!- ", -~~~'~'~~~~~~ p- ~i' f..(' ! ..., i_;,~ .':' ~,'1 21" _ ). . . . .. ~~ ~ :S' .. ._-_ )O~~ft, .~,~. -, I fii iii.! ~ ~. -- j.?' ; • .~ 'i;':'. #"" ....... ~: .t..~.- -=--~ _. ~ f} ~ .~ \~ .' -~ (~l t J~ \;p:~ . t4 alf>" k~ ~I,'',,~~ . , OFFICERS 321 DESIGNATION:- The Principal Officers of the AssOCiaii~1t t? be President, a Vice President a Secretary and a Treasurer all of ~~t~ ~i-I.": elected by and form the Board. The Board may appoint an assistant Treasurer and an Assistant Secretary and such other officers as in their judgment may be necessary. (In the case an association of One Hundred owners or less, the officers of Treasurer and Secretary, may be filled by the same person). 331 ELECTION OF OFFICERS:- The officers of the Association shall be elected annually by the Board of the organization meeting of each new Board and shall hold officers at the pleasure of the Board. 341 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 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 Chief Executive Officer of the Association. He shall preside at all the meetings of the association and of the Board. He shall have all of the general powers and duties which are usually vested in the office of president of an 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. ~ VICE PRESIDENT:- The Vice President shall take the place of the President and perform his duties whenever the President shall be absent or unable to act. If neither the President nor the Vice President is able to act, tbe Board shall appoint some other member of the Board so to act on an interim basis. The Vice President shall also perform such other duties as shall from time to time be imposed upon him by Board. 371SECRETARY:- The Secretary shall keep the minutes of all meetings of the board and the Minutes of all the 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 office of the Secretary. The --- shall be responsible for the Association iol......... :,_....-;::.. .. ~ecurities and shall also be responsible for keeping full and accurate of all the receipts and disbursements in books belonging to the association. He shall be responsible of the deposit of all money 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 OBLIGATIONS OF THE AP ARThfENT O'."NERS 391 ASSESSEl\fENTS:- The all Apartment Owners are obliged to pay monthly assessments imposed by the Association to meet all expenses relating to "SAT SRUSHTI APARTMENT" which may include an insurance premium for a policy to cover repair work and reconstruction work in case of hurricane, fire, earthquake or other hazard or calamity. The assessments shall be made pro-rata according to the value owned, as stipulated in the declaration. Such assessments shall include monthly payments to a General Operating Reserve Fund and a Reserve Fund for replacemeots. 40) J\.fAINTENANCE AND REPAIR:- a] Every Apartment Owner must perform promptly, all maintenance repair work within his own unit, which if committed would affect the "SAl SRUSHTI APARTMENT" in entirely or in part belonging to other owners, being expressly responsible for the damages and liabilities that his failure to do so may endanger. b] All the repair of the internal installation of the unit such as water, light, gas, power, sewage, telephones, air-conditioners, sanitary, installations, doors, windows, lamps and all other accessories belonging to the unit area shall be at the expenses of the apartment owner concerned. c] An apartment Owner shall reimburse the Association for any expenditures incurred in repairing or replacing any common areas and facility damaged through his fault. 41) USE OF FAMILY UNITS-INTERNAL CHANGES: a) All units shall be utilized for the residential purpose only. b) An owner shall not make any structural modifications or alterations in his unit or installation located therein without previously notifying the association in writing, through the President of the Board if no manager is employee. The Association shalJ have the obligation to answer within thirty days and failure 10 '. ~£~~d~~~~~ f...:-;c#~ it ~ \~~, 23 l- " . i/ ~. . SO wUhio t~ s' ted time shall mean that there is"-n~ ob}~c~'O'iJ'"mthe I~ ~ '-lilU~ s, alteration or installation. . '"~IK-:> . 421 USE OF COMMON AREAS AND FACILITIES & RESTRICTED COMMON AREAS & FACILITlF..-S: a] An Apartment Owner shall not place or cause to be placed in the lobbies vestibules, stairways, elevators and other areas of "SAl SRUSHTI APARTMENT" and facilities of a similar nature both common and restricted, any furniture, packages or objects of any kind such areas shall be used for no other purpose than for formal transit through them. b] The "SAl SRUSHTI APARTMENT" shall have one Elevator devoted to the transportation of Apartment Owners, family members of the Owners, Residents and their guests. 43) RIGHT OF ENTRY: a] An Apartment Owner shall grant the right of entry to the Manager or to any other person authorized by the Board or the Association in case of an emergency originating in or threatening his unit, whether the owner is present at the time or not. b] An Apartment Owner shall permit other owners, or their representative when so required to enter his unit for the purpose of performing installation, alterations or repairs to the mechanical or electrical services provided that requests for entry are made in advance and that such entry is to time convenient to the owner. In case of an emergency, such right of entry shall be immediate. 441 RULES OF CONDUCT: a] No resident of the "SAl SRUSHTI APARTMENT" shall post any advertisement or posters of any kind in or on the building except as authorized by the association. b] All the residents shall exercise extreme care about making noises 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 bye laws or regulations. c] It is prohibited to dust rugs, bed-sheets etc by beating on the exterior part of the said apartment. d] It is prohibited hand garments, rugs etc. from the windows balconies or from any ofthe faces of the "SAl SRUSHTI APARTMENT". -- throwing garbage or trash outside the: disposal. installations .'. such purposes in the service areas. If such installation not provided ::--'.Jtt-"II'~,"h~,opor trash shall be collected in a vessel and thrown-in: the municipal dustbin. f] No Apartment Owner, resident or lessee shall install wiring for electrical or telephone installation television antenna, machines or air conditioning units, etc on the exterior of the "SAl SRUSHTI APARTMENT" or that protrude through the walls or the roof of that except as authorised by the association. CHAPTER - VII FUNDS AND THEIR INVESTMENTS 451 FUNDS: The association in all Of any of the following ways may raise funds namely: 1) by shares 2) by contributions and donations from the apartment owners. 3) from common profits which shall form the nucleus of the reserve fund. 4) by raising loans, if necessary subject to such terms and conditions as the associations, with the approval of the Competent Authority may determine in his behalf. 46) INVESTMENTS: The association may invest Of deposit its funds in one or more of the following: 1] In any Nationalised Bank such as State Bank of India as decided by the meeting. 2) In any of the securities specified in the section 20 of the Indian Trusts Act, 1882. 3) In Indian Post Office, and Central Government Securities, such as National Savings Certificates etc. other than those referred to in clause (a) of this bye laws or in any banking company approved for this purpose by the association. 471 AFFILATION:- There should be any Federation of Apartment Owners/Apartments in the locality in which the said "SAl SRUSHTI APARTMENT" is situate, at 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) ACCOUNTS: 25. be CC~!~('----;1- opened by the Association;in-1iiil~:tI-"ltilI~~[~':::~ ~iHll~fed'DBimk~fJd~~ by the meeting into which all moneys received on bellaJ:j['Slt!ll~J;~)ei;EIti()ri shall be paid, provided that the Secretary, may retain in his personal custody an amount not exceeding 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 amount paid to be or received for his share in receipts of profits from common areas and contribution towards common expenses and his share of assessment and other dues, if any, in respect of his apartment. 3] The association shall on or before the 3151 July in each year publish an audited annual financial statement in respect 0 f the common areas and facilities containing: - a] The Profit & 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 these liabilities and assets and how the value of fixed assets has been -, arrived at. 4] The audited financial statement shall be open to the 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 later than 15tb 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 ofloans. The financial statement shall state up to what date profits and expenses of common areas are included. 491 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 conscious place in the office of the association. 50) APPOINTMENT OF AUDITOR:- The Association shall appoint at its general meeting an Auditor who shall audit the accounts of the association to be prepared by the Board as hereinabove provided and shall examine the annual return and verify the same, with the accounts relating thereto and shall either sign what respect he finds it incorrect, 511 POWERS OF AUDITOR:- 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 conunon areas and facilities) and common expenses and shall make a special report to the association upon any matter connected with the accounts which appears to him to require notice. CHAPTER - VUI MORTGAGES 521 NOTICE TO ASSOCIATION:- An Apartment 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 mortgagee and the association shall maintain such information in a book entitled "Mortgagees of Units". 531 NOTICE TO UNPAID ASSESEMENTS:- The Association shall at the request of the mortgagee of a unit report any unpaid assessment due from the owner of such unit CHAPTER-IX COMPLIANCE 54! COMPLlANCE:- These bye laws are set forth to comply with the requirements of the Maharashtra Apartment Ownership Act, 1970. In case any of these bye laws conflict with the provisions of said Act, it is hereby agreed and accepted that provisions of the Act wiU apply. 551 SEAL OF THE ASSOCIATION:- The Association shal I have the conunon 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 authorized by the association in this behalf. CHAPTER-X AMENDMENT TO PLAN OF APARTMENT OWNERSHIP 561 AMENDMENT OF BYE LAWSj 27 These bye laws may be amended by the association in a duly constituted meeting for such purpose and no amendment shall take effect unless approved by the Apartment Owners representing at least 75 percent of the total value of all the units in the "SAl SRUSHTI APARTMENT" as shown in the Declaration. THIS DEED OF DECLARETION. At. Nashik, Date:- 2811212021. -