Bye-laws - English Version 3

Chapter IX — Use of Unit and Common Areas

36. Rights of the Society on the Roof/Terrace, Ground Floor and Common Areas

(i) Roof/terrace, unallotted basement/stilt, community hall, office rooms, and all common areas remain under undivided Society ownership; no individual member has exclusive claim unless expressly recorded in the sale deed; the builder retains no ownership, possession, or rental rights after handover.

(ii) Any pre-existing builder leases over common areas must be disclosed at handover; post-handover income from such contracts belongs to the Society.

(iii) "No part of the roof, terrace or any other common area shall be sold, leased or let for private commercial use, and no permanent structure or exclusive occupation shall be permitted. The General Body may, by a resolution supported by members representing at least two-thirds of the units, allow a specified community activity — such as a class, fitness session or hobby group primarily for residents — in a community hall or other suitable common area, for a fixed term not exceeding eleven months at a time, on written terms covering hours, the fee payable to the Society, safety, insurance, cleaning and noise. All such income shall be credited to the Society. Any permission may be withdrawn on one month’s notice, or immediately for breach."

(iv) The Society is responsible for maintaining all rooftop equipment (water tank, rainwater harvesting, solar panels, etc.).

37. Restriction of Use

(a) Residential-only use; no commercial parking use, including for tenants. (b) No construction or alteration affecting the structure, façade or common areas shall be made without the prior approval of the Society and of the Competent Authority for that subject, as listed in Appendix B. (c) No exemption from common expenses for vacant/unused units. (d) Staircases, fire exits, fire doors, hydrants, extinguishers, shafts and electrical panels shall be kept completely clear. Personal items placed close to a member’s own door in a corridor or landing — such as a footwear rack, plant pots or an air-conditioner unit — are permitted if a clear walking path is maintained and nothing blocks an escape route. Where a fire-safety inspection or Fire NOC requires changes, the Committee shall consult the affected members, agree a common solution and allow reasonable time to comply. Disputes shall first be resolved amicably through the Committee; recourse to an external authority shall be the last step.

38. Right of Entry

(i) Members shall allow access to their unit in an emergency under the following protocol: (a) where there is immediate danger to life or property — fire, gas leak, serious water or electrical hazard, or a medical emergency — entry may be made at once by the fire service, the police, or at least two Committee members accompanied by a guard; (b) in an urgent situation that is not life-threatening, such as a leak damaging other units, entry may be made only after reasonable attempts to reach the owner, occupant, emergency contact and key holder have failed for at least two hours; (c) for a planned inspection or repair, at least 48 hours’ written notice shall be given and entry made only in the presence of the owner or their representative. Every emergency entry shall be recorded with photographs, the owner informed immediately, and the unit secured afterwards. (ii) Advance notice for planned electrical/mechanical service work.

39. Damages

Damage to common areas or another unit from a member's (or their family/guest/tenant/contractor's) negligence is recoverable from that member.

40. Mortgage Notice

A member who mortgages their unit — for example, to take a home loan — shall inform the Society of the lender’s name, and the Society shall record it in the Unit Mortgage Register. The Register records only the lender’s name and the date; loan amounts are not required. It enables the Society to issue no-dues or no-objection letters to the lender, and ensures the lender’s interest is known before any transfer of membership. Any member keeping a pet animal shall register the pet with the Management Committee and comply with the pet-related conditions prescribed in the House Rules.