9 & 10. Responsibilities and Rights of members
9. Responsibilities of members
10. Rights of members
9.Responsibilities of members
- An owner must perform all maintenance and repair work within his own apartment.
- An owner shall submit to the Association such documents as are required to support his ownership of the flat as required by the Association
- An owner shall ensure that his flat is occupied only for RESIDENTIAL PURPOSES. He shall not also let out his flat premises other than for RESIDENTIAL PURPOSE and he shall further ensure that the flat is not used for any unlawful activities.
- An owner shall maintain the interior of his flat by keeping it duly repaired in such a manner that if not done, will affect and cause damage or inconvenience or danger to the safety and security of the other flats concerned or the enjoyment of the rights and facilities by other members concerned. Should any common area(s) including basement be affected by leaks/ defective flooring inside any apartment, as determined by an outside engineer. Such leaks/ defects should be rectified by the apartment owner at this cost. In case of no response, the Management Committee could, after giving notice of at least seven days carry out the rectification work and the cost will have to be reimbursed by the apartment owner on demand.
- An owner who is not an individual shall inform in writing the name of the juridical person to the Association.
- All repairs of internal installations of the apartments such as water, light, gas, power, sewage, telephone, air-conditioners, sanitary installations, doors, windows, lamps and all other accessories shall be at the expense of the apartment owner concerned.
- An owner shall reimburse the Association expenditure incurred in repairing or replacing any common area/facility damaged due to his or his tenant or occupier’s fault.
- An owner (or his tenant) shall not carry out any structural modification or alteration or installation located in his apartment without the owner seeking the permission of the Association in writing. The Association shall be under an obligation to reply within a period of thirty days failing which it shall be construed that the Association has no objection to the proposed modification etc.
If any such structural modification etc. has been carried out without the permission of the Association and the permission cannot also be granted, the owner would be required to restore the status quo ante. If this is not done by the owner within the time indicated by the Management Committee, the latter could restore the status quo ante after giving notice of seven days and charge the owner with the expenditure incurred and he would have to reimburse the Association such expenditure within a week from the date of the claim.
- An owner (or his tenant) shall not place or cause to be placed in the lobbies, vestibules, stairways, elevators and other areas of a similar nature both common and restricted, any furniture, packages or objects of any kind. Such areas shall be used only for normal transit through them.
- An owner (or his tenant) shall grant right of entry to the apartment to any other person authorised by the Managing Committee in case of emergency whether the owner or tenant is present in the apartment at that time or not.
- An owner (or his tenant) shall not display any sign board or advertisement in or on the building except as permitted under the regulations framed by the Association;
- An owner (or his tenant) shall take care not to cause any excessive noise through the use of musical instrument, radio, television etc as to disturb the peace of co-owners/ co-residents.
- An owner (or his tenant) keeping a domestic animal shall abide by such regulations as may be framed by the Association ;
- An owner (or his tenant) shall abide by the regulations framed by the Association in regard to use of apartments, common areas and services.
In case of violation of the above provisions by any owner(or his tenant),
Management Committee may levy on the owner a compounding fee of not more than Rs.100 per day, as decided by the Management Committee, till the violation continues, without prejudice to any action involving suspension of common services referred to in section 8(b)(v) above.
10. Rights of members
- VOTING RIGHTS
A member or his proxy shall be entitled to one vote on show of hands and as many votes as the number of flats owned on poll.
For removal of doubt, it is hereby clarified that while a proxy can vote, he cannot speak or participate in any discussion in a General Body Meeting. Participation in discussion can only be done by members.
- OTHER RIGHTS
Every member has a right to receive a copy of the memorandum, byelaws, rules and regulations and guidelines prescribed by the Association at the time of his enrolment. Any subsequent requirement and supply will be on payment of fee of Rs.50 /-. Every member, subject to what is contained in above, shall have a right to participate in the discussions and exercise his vote and also to appoint a proxy in writing, in the prescribed form, to vote on his behalf.
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