8. Enrolment and Charges

Enrolment of members

Maintenance Charges and other dues

Enrolment of members

1. Names of persons who are registered owners of the various apartments comprised in the Atrium complex, on the date of the registration of the Association, shall be deemed to have become MEMBERS and their names shall be entered in the Register of Members of the Association maintained under the provisions of the Act. Such persons shall complete an application in the form (Annexure I) prescribed by the Association. Names of persons who become registered owners of any apartment after the incorporation of the Association shall also be entered as MEMBERS in the above Register upon the Association being notified in writing in the prescribed form (Annexure I) by the concerned registered owner or transferor.
2. Every registered owner of a flat shall be a MEMBER from the date on which he becomes owner of a flat in the complex.
3. A member whose name is already entered in the register of members shall notify in the prescribed form (Annexure II) and file it with the Association when he sells or otherwise disposes of or transfers his flat in any manner to any other person who shall also countersign the said form for facilitating transfer of membership in the register. Notwithstanding this, the buyer or transferee of any flat in the complex from an existing owner shall be deemed as a member for the purpose of being bound by these byelaws, rules and regulations. The name of the transferee shall be entered in the Register of Members kept under the provisions of the Act.
4. Every apartment owner shall be required to deposit a sum of Rs.10,000/-, or higher as may be decided by the General Body, with the Association to serve as Reserve Fund for such use as may be decided by the General Body at its Annual General Meeting.
5. Each apartment owner shall be given a copy of the Byelaws. Each tenant shall also be given a copy of the Byelaws on payment of Rs.50.
6. A separate register of residents who are tenants shall be maintained to distinguish them from the owners. To enable entry in the said register, a tenant shall, within 15 days from the date of occupation of a flat, file an application in the prescribed form (Annexure III) with the Association.
7. It shall always be the responsibility of the owner concerned to keep the Association informed in writing about the change of occupancy of his flat if it is not occupied by the owner himself and it is also the responsibility of the Owner to ensure that the tenant / occupant fills in the prescribed application and files it with the Association.
8. Every new occupant or tenant shall be bound by these byelaws, rules and regulations.

Maintenance of charges and other dues

1. The monthly maintenance charges are to be paid by each owner towards their share of the common expenses. As provided in the law, these charges should be shared between the members in proportion to their share of undivided interest in the property. However, to facilitate ease of computation, the charges levied would be calculated on the super-built-up area of the apartment (as mentioned in the sale deed) owned by him, since this parameter is computed on the basis of the share of undivided interest in the property. The charges are subject to periodic review depending on the actual expenditure towards maintenance of common areas and facilities and would be fixed by the General Body.
2. The monthly maintenance charges shall be paid not later than the 7th of the month. For any delay in payment beyond the seventh, a late fee of Rs.100 per month or part thereof shall be payable. In the case of any other dues to the Association levied, to meet capital expenditures or additional expenses towards procuring water, with the approval of the General Body, by the Managing Committee, payment on a date beyond the last date fixed for payment of such dues would attract payment of late fees at the rate of Rs.100 per month or part thereof or 2% per month or part thereof on the amount due whichever is higher. The late fee imposed, in accordance with the byelaws, would also be treated as dues to the Association.
   The basis for levies other than maintenance charges would be as under:
   1. Additional expenses for procuring water for the Atrium Complex and Capital Expenditure towards replacement or substantive repairs to generators, lifts, tanks, pumps, motors etc., where the benefits are deemed to accrue in equal measure to every apartment owner, would be collected on a flat basis - i.e., total expenditure divided by the number of apartments.
   2. All other expenditure - i.e., increase in maintenance charges, painting of the common areas/ exteriors etc., will be on a pro-rata basis as is currently adopted for Maintenance charges.
3. The General Body may decide, to facilitate collection, that the maintenance charges shall be payable on a quarterly basis. The time within which such quarterly payments shall be made without attracting late fees shall be fixed by the Managing Committee.
4. The responsibility for payment of maintenance charge and other dues shall solely be that of the owner notwithstanding any arrangement he may have entered into with his tenant or other occupant.
5. If an owner’s maintenance and or other dues, reckoned from the due date, (regardless of the amount) remain unpaid for two or more months, the Management Committee is empowered, after serving due notice to the owner/tenant, to suspend services that are provided by the Association commonly to all owners, as permitted by the laws of the land, such as water supplied by the Association, emergency power supply, services for garbage disposal, distribution of mail, payment of Utility bills, use of elevators and access to swimming pool/sports complex etc. The Management Committee is also empowered to suspend other services as may be permitted by the laws of the land enacted in the future. If payment of such dues is being made by a tenant, on behalf of the owner, and there have been frequent delays/ defaults in payment of such dues, Management Committee may, besides imposing late fees as indicated above, require the owner to terminate the tenancy of the tenant, after giving such notice as may be required under the tenancy agreement, in the interest of congenial atmosphere and proper maintenance of the common areas and facilities.
   Note: The owner/tenant is liable to pay reconnection charges when water supply to his apartment is resumed by the Association on payment of dues for the nonpayment of which water supply was stopped. The quantum of reconnection charges will be decided by the Management Committee from time to time.
6. Every apartment owner shall pay dues by way of water tax and water charges to the Metrowater Board promptly since any default in this regard might involve disconnection of water supply to the entire Building. Any such default would also attract action by the Association as contemplated in sub-section (v) above. Every apartment owner shall also pay promptly and within the due date dues to the State Government or any other statutory body which would have a bearing on the provision, by the Association, of common services and facilities to its members.      In the event of the Association paying up the water-tax and water charges dues on behalf of a member, in the interests of its members, such payment should be promptly reimbursed to the Association by the concerned Member together with the Late fee, payable, if any; failure in this regard would attract action under subsection(v) above.
7. Every apartment owner shall, notwithstanding his waiver of the use or enjoyment of any of the common areas and facilities, be liable to be charged for the common expenses till the General Body decides otherwise at its Annual General Meeting.