Vidhi Codex

section 23

Association of Apartment(Flat) Owners and bye-laws relating thereto

The Jharkhand Apartment (Flat) Ownership Act, 2011
General201138 sections
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Statutory text
  1. (1) There shall be an Association of Apartment(Flat) Owners for the administration of the affairs in relation to the Apartment(Flats) and the property appertaining thereto and for the management of Common areas and facilities. Provided that where any area has been demarcated for the construction of multistoried buildings, whether such area is called a block or pocket or by any other name, there shall be a single Association of Apartment(Flat) Owners in such demarcated area.
  2. (2) The Competent authority may, by notification in the Official Gazette, frame model bye-laws in accordance with which the property referred to in sub-section (1) shall be administered by the Association of Apartment(Flat) Owners and every such Association shall, at its first meeting, make its bye-laws in accordance with the model bye-laws so framed, and in making its bye-laws the Association of Apartment(Flat) Owners shall not make any departure from, variation of, addition to, or omission from, the model bye-laws aforesaid except with the prior approval of the Competent Authority and no such approval shall be given if in the opinion of the Competent Authority, such departure, variation, addition or omission will have the effect of altering the basic structure of the model bye laws framed by him. In case the Competent Authority has not framed model bye-laws, the Association of Apartment(Flat) Owners shall frame bye-laws in accordance with Section 23.3.
  3. (3) The model bye-laws framed by the Competent Authority or the bye-laws framed by Association of Apartment(Flat) Owners in case no model bye-law is framed under sub-section (2) it shall provide for the following, among other matters namely -
    • (a) the manner in which the Association of Apartment(Flat) Owners is to be formed;
    • (b) the election from among Apartment(Flat) owners, of a Board of Management by members of the Association of Apartment(Flat) Owners;
    • (c) the number of Apartment(Flat) owners, constituting of a Board, the composition of the Board and that one-third of members of the Board shall retire annually;
    • (d) the powers and duties of the Board;
    • (e) the honorarium, if any, of the members of the Board;
    • (f) the method of removal from office of the members of the Board;
    • (g) the powers of the Board to engage the services of a Manager;
    • (h) delegation of powers and duties of the Board to such Manager;
      • (i) method of calling meetings of the Association of Apartment(Flat) Owners and the number of members of such Association who shall constitute a quorum for such meetings;
    • (j) election of a President of the Association of Apartment(Flat) Owners from among the Apartment(Flat) owners, who, shall preside over the meetings of the Board and of the Association of Apartment(Flat) Owners;
    • (k) election of a Secretary to the Association of Apartment(Flat) Owners from among the Apartment(Flat) owners, who shall be ex-officio member of the Board and shall keep two separate minutes books, one for the Association of Apartment(Flat) Owners and the other for the Board, pages of each of which shall be consecutively numbered and authenticated by the President of the Association of Apartment(Flat) Owners, and shall record, in the respective minutes books, the resolutions adopted by the Association of Apartment(Flat) Owners or the Board, as the case may be;
    • (l) election of a Treasurer from among the Apartment(Flat) owners, who shall keep the financial records of the Association of Apartment(Flat) Owners as also of the Board;
    • (m) maintenance, repair and replacement of the Common areas and facilities and payment therefore;
    • (n) manner of collecting from the Apartment(Flat) owners or any other occupant of Apartment(Flats), share of the Common expenses;
    • (o) resignation and removal of persons employed for the maintenance, repair and replacement of the Common areas and facilities;
    • (p) restrictions with regard to the use and maintenance of the Apartment(Flats) and the use of the Common areas and facilities, as may be necessary to prevent unreasonable interference in the use of each Apartment(Flat) and of the Common areas and facilities by the several Apartment(Flat) owners;
    • (q) any matter which may be required by the Competent Authority to be provided for in bye-laws for the proper or better administration of the property;
    • (r) such other, matters as are required to be, or may be provided for in the bye- laws;
  4. (4) The bye-laws framed under sub-section (2) may also contain provisions not inconsistent with this Act for the following:-
    • (a) enabling the Board to retain areas of the building for commercial purpose and to grant lease of the areas so retained, and to apply the proceeds of such lease for the reduction of the Common expenses for maintaining the building, Common areas and facilities, and if any surplus is left after meeting such expenses, to distribute such surplus to the Apartment(Flat) owners as income;
    • (b) relating to the audit of the accounts of the Association of Apartment(Flat) Owners and of the Board, and of the administration of the property;
    • (c) specifying the times at which and the manner in which annual general meetings and special general meetings of the Association of Apartment(Flat) Owners shall be held and conducted;
    • (d) to specify the time at which and the manner in which, the annual report relating to the activities of the Association of Apartment(Flat) Owners shall be submitted;
    • (e) to specify the manner in which the income derived and expenditure incurred by the Association of Apartment(Flat) Owners shall be dealt with, or as the case may be, accounted for.

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