2.Definitions.- In these bye-laws unless the context requires otherwise:-
(a)“Act” means the Haryana Apartment Ownership Act, 1986;
(b)“Association” means the association of all the apartment owners constituted by such owners for the purpose of the …..Condominium;
(c)“Board” means a Board of Managers consisting of …..persons all of whom shall be owners of apartments in the …..condominium;
(d)“building” means the building located at ………and known as the …….condominium, and includes the land forming part thereof;
(e)‘declaration” means 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 those owners holding 51 per cent of the votes in accordance with the percentages assigned in the declaration;
(g) “owners’ or ”apartment owner” means the person owning an apartment in the ……Condominium;
(h)“Section” means a section of the Act;
(i)“unit” means a independent unit in the Condominium;
(j)“Registrar” means the Registrar of Co-Operative Societies.
3.Apartment ownership – The building located at street, city/towns village of …………in the……..District………known as ……. Condominium is submitted to the provisions of the Act.
4.Objects of Association-
(1)The objects of the Association shall be-
(a)to be and to act as the Association of Apartment owners of the building called……..at………(hereinafter called “ the said building” ) who have filed their respective declarations submitting their apartments to the provisions of the Act;
(b)to invest or deposit moneys;
(c)to provide for the maintenance, repair and replacement of the common areas and facilities by contribution from the apartment owners, and a necessary by rising loans, for that purpose.
(d)To retain and rent or licence if possible suitable portions of the common areas to outsiders for commercial purposes and to distribute the common profit left after deducting the common expenses amongst the apartment owners as common profits or accumulate the same for building up a reserve fund;
(e)To provide for and do all and any of the matters provided in sub-section (2) of Section 16;
(f)To advance with the consent of the apartment owners, any short terms loans to any apartment owners in case of any emergent necessity and to provide for the repayment thereof in lump sum or in installments;
(g)To establish and carry on, on its own account or jointly with individual or institutions, education, physical, social and creative activities for the benefit of the apartment owners;
(h)To frame rules with the approval of the general meeting of the Association and after consulting the competent authority and may establish a provident fund and gratuity fund if necessary for the benefit of the employees of the Association;
(i)To do all things necessary or and otherwise provide for their welfare expedient for the attainment of the objects specified in these by-laws.
(2)The Association shall not act beyond the scope of its objects without fully amending the provisions of these by-laws for the purpose.
5.Members of Association.—
(1)All persons who have purchased apartment in the ….condominium and executed respective declarations under section 5 submitting their apartments to provisions of the Act shall automatically be the members of the Association , and shall pay the sum of one rupee as entrance for and may purchase at least one share of the face value of Rs.100/- each. Each apartment owner shall receive a copy of the bye-laws on payment of one rupee.
(2)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, and shall be admitted as member on payment of the entrance fee of one rupee. The share held by as apartment owner shall be transferred to the name of such purchaser or donor on payment of one rupee to the Association.
(3)on the death of an apartment owner, his apartment shall be transferred to the person or persons to whom he bequeaths the same by his will, or to the legal representatives of his estate, in case he has not made any specific bequest of the apartment. The name of the legatee or the names of legal representatives jointly shall be entered in the register of apartment owners maintained by the Secretary for the purpose of Administration, of the ……..Condominium as apartment owner of joint apartment owners. Where any legatee is a minor, the apartment owner shall be entitled to appoint a guardian of such minor.