Bye-laws - English Version 3

Draft Bye-laws - English

Read the proposed Bye-laws chapter by chapter. Use the chapter comment form for corrections, objections and suggestions.

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Chapter I — Preliminary

1. Short Title

These Bye-laws shall be called the Bye-laws of the Krishna Tower Owners Welfare Society.

2. Application

These provisions apply automatically to all apartment owners, co-owners, tenants, licensees, residents, and any employees utilising the property premises.

3. Address

Krishna Tower, Krishnalok Phase-2, Kanpur Road, Lucknow, Uttar Pradesh - 226401.

4. Legal Basis

(1) This association shall be registered under the Societies Registration Act, 1860 and shall be recognised as an "Association of Apartment Owners" under the Uttar Pradesh Apartment (Construction, Ownership and Maintenance Promotion) Act, 2010. Wherever any provision of these Bye-laws is inconsistent with the said Acts, the provision of the relevant Act shall prevail.

(2) These Bye-laws shall come into force from the date of registration by the Registrar of Firms, Societies and Chits, Uttar Pradesh.

5. Definitions

(a) "Board/Management Committee" — the committee of elected office-bearers entrusted with managing the Society.

(b) "Owner" — the registered owner of a flat/unit.

(c) "Family" — spouse, children (including legally adopted children), and parents.

(d) "General House" — shall comprise all the members of the Society.

(e) "AGM" — Annual General Meeting of all members (General House) of the Society.

(f) "EGM" — an extraordinary general meeting of members called on a specific subject, with a minimum notice of 7 days.

(g) "Majority" — unless otherwise specified, 51 percent of the total votes.

(h) "Competent Authority" — LEDA/LDA or Registrar of Firms, Societies and Chits, Uttar Pradesh.

(i) "Unit" — any residential or non-residential flat/unit in the building.

(j) "Voter" — an eligible member whose name appears in the voters' list prepared by the Management Committee.

(k) "Common Areas & Facilities" — all land, structures and facilities not specifically mentioned in the sale deed of an individual unit, including (but not limited to) the original land, foundations, columns, beams, external walls, staircases, corridors/lobbies, lifts and lift machine rooms, roof/terrace (including all equipment installed thereon — water tanks, solar panels, etc.), basement/stilt (unless specifically allotted to a unit), parking areas (excluding allocated spaces), power/generator/fire control rooms, security cabins, boundary walls, main gate, internal roads/paths, gardens/lawns, sewerage and drainage systems, rainwater harvesting systems, and all community halls and office rooms within the building complex. All these shall remain under the undivided collective ownership and control of the Society.

(l) "Transfer Fee" — an amount to be determined by the General House, deposited on each transfer/sale of a unit, held in a separate fund for future major repairs.

(m) "Membership Fee" — an amount to be determined by the General House, deposited by each owner to become a member of the Society.