Common use of ASSOCIATION STRUCTURE Clause in Contracts

ASSOCIATION STRUCTURE. i. The Developer shall at its sole and absolute discretion, as prescribed under the Relevant Laws, a. Form an Association of the Allottee/s of Apartment in the Project/Phase, as it may deem fit and proper in respect of the tower(s) comprised in Project known by such name as the Developer may decide, which shall be responsible for maintenance and management of the Project/Phase, within such period as may be prescribed under the Relevant Laws. b. form an Association/Apex Body for the Subject Land for each of residential and commercial zones (“Apex Body”), as the Developer may deem fit, for the purposes of effective maintenance and management of the Subject Land including for Common Areas and amenities of the Project/phase and/or of the Subject Land at such time and in such a manner as the Developer may deem fit to be known by such name as the Developer may decide, within such period as may be prescribed under the Relevant Laws. c. with a view to preserve the intrinsic value of the Project by ensuring high standard of maintenance and upkeep, at its discretion but not as an obligation, be involved / undertake / conduct either by itself or through Facility Management Company (in the manner set out hereunder), the maintenance and management of the Project, without any reference to the Allottee/s and other occupants of the Project, even after formation of the association/Apex Body/Apex Bodies on such terms and conditions as the Developer may deem fit and the Allottee/s hereby gives their unequivocal consent for the same. For this purposes the Developer may, in its discretion provide suitable provisions in the constitutional documents of the Association/Apex Body/Apex Bodies. d. Make provisions for payment of outgoings/CAM to the Association & the Apex Body/ for the purposes of maintenance of Project/Phase in which the Apartment is located and the entire Subject Land. The Allottee/s agree(s) and undertake(s), to sign and execute all applications and other papers and documents, including but not limited to the bye-laws/memorandum and Articles of Association drafted/adopted by the Developer for the Association, necessary for the formation and registration of the Association/Apex Body within 10 (ten) days from intimation by the Developer. The Allottee/s agree(s) not to object to any changes/amendments made by the Developer in the draft/model bye-laws/memorandum and Articles of Association for the Association. The Allottee/s shall also be bound from time to time, to sign all papers, documents and deeds for safeguarding the interest of the Developer and the other Allottee/s of apartment(s) in the Project/Phase. The Allottee/s shall be bound by the rules, regulations and bye-laws/memorandum and Articles of Association / Apex Body and the terms and conditions contained in the Indenture.. No objection shall be raised by the Allottee/s, if any changes or modifications are made in the draft bye-law of the Association by the Developer as the case may be or as required by any other competent authority. The Allottee/s hereby authorize Developer to sign and execute all such forms applications, papers and documents on his/her/their/its behalf as may be required for this purpose. ii. The Developer may become a member of the Association/Apex body to the extent of all unsold and/or unallotted Apartment(s) areas and spaces in the Project/Subject land. iii. All costs, charges and expenses including stamp duty, registration charges and expenses in connection with the preparation, stamping and execution of any such documents in this regard, shall be borne and paid by the Association/Apex Body. iv. The Allottee/s hereby acknowledge(s) and agree(s) that the Project is a part of the Subject Land and as such the Developer shall hand over the common areas of the Subject Land including the said Project to the Association/Apex Body. The Developer shall handover the common areas/common amenities of the Subject Land to the Association / Apex Body within such period as the Developer may deem fit and proper, however such handing over shall not be later than 5 (five) years from date of the completion of the entire development of the said Subject Land by utilizing the entire FSI/TDR that may be permitted to be utilized therein in accordance with the relevant laws that may be in force from time to time and sale of all the apartments constructed in the said subject land and receipt of the entire consideration in respect thereof. The Allottee/s hereby agree(s) that he/she/it has understood the provisions of this clause and xxxxxx gives his/her/its unequivocal consent for the same. The Allotte/s hereby agree(s) and confirm(s) that till handover to the Association or Apex Body, the Allottee/s shall continue to pay all the outgoings as imposed by concerned authorities and proportionate charges to the Developer from time to time.

Appears in 1 contract

Samples: Sale Agreement

AutoNDA by SimpleDocs

ASSOCIATION STRUCTURE. i. The Developer shall at its sole and absolute discretion, as prescribed under the Relevant Laws, a. Form an Association of the Allottee/s of Apartment in the Project/Phase, as it may deem fit and proper in respect of the tower(s) comprised in Project known by such name as the Developer may decide, which shall be responsible for maintenance and management of the Project/Phase, within such period as may be prescribed under the Relevant Laws. b. form an Association/Apex Body for the Subject Land for each of residential and commercial zones (“Apex Body”), as the Developer may deem fit, for the purposes of effective maintenance and management of the Subject Land including for Common Areas and amenities of the Project/phase and/or of the Subject Land at such time and in such a manner as the Developer may deem fit to be known by such name as the Developer may decide, within such period as may be prescribed under the Relevant Laws. c. with a view to preserve the intrinsic value of the Project by ensuring high standard of maintenance and upkeep, at its discretion but not as an obligation, be involved / undertake / conduct either by itself or through Facility Management Company (in the manner set out hereunder), the maintenance and management of the Project, without any reference to the Allottee/s and other occupants of the Project, even after formation of the association/Apex Body/Apex Bodies on such terms and conditions as the Developer may deem fit and the Allottee/s hereby gives their unequivocal consent for the same. For this purposes the Developer may, in its discretion provide suitable provisions in the constitutional documents of the Association/Apex Body/Apex Bodies. d. Make provisions for payment of outgoings/CAM to the Association & the Apex Body/ for the purposes of maintenance of Project/Phase in which the Apartment is located and the entire Subject Land. The Allottee/s agree(s) and undertake(s), to sign and execute all applications and other papers and documents, including but not limited to the bye-bye- laws/memorandum and Articles of Association drafted/adopted by the Developer for the Association, necessary for the formation and registration of the Association/Apex Body within 10 (ten) days from intimation by the Developer. The Allottee/s agree(s) not to object to any changes/amendments made by the Developer in the draft/model bye-laws/memorandum and Articles of Association for the Association. The Allottee/s shall also be bound from time to time, to sign all papers, documents and deeds for safeguarding the interest of the Developer and the other Allottee/s of apartment(s) in the Project/Phase. The Allottee/s shall be bound by the rules, regulations and bye-laws/memorandum and Articles of Association / Apex Body and the terms and conditions contained in the Indenture.. No objection shall be raised by the Allottee/s, if any changes or modifications are made in the draft bye-law of the Association by the Developer as the case may be or as required by any other competent authority. The Allottee/s hereby authorize Developer to sign and execute all such forms applications, papers and documents on his/her/their/its behalf as may be required for this purpose. ii. The Developer may become a member of the Association/Apex body to the extent of all unsold and/or unallotted Apartment(s) areas and spaces in the Project/Subject land. iii. All costs, charges and expenses including stamp duty, registration charges and expenses in connection with the preparation, stamping and execution of any such documents in this regard, shall be borne and paid by the Association/Apex Body. iv. The Allottee/s hereby acknowledge(s) and agree(s) that the Project is a part of the Subject Land and as such the Developer shall hand over the common areas of the Subject Land including the said Project to the Association/Apex Body. The Developer shall handover the common areas/common amenities of the Subject Land to the Association / Apex Body within such period as the Developer may deem fit and proper, however such handing over shall not be later than 5 (five) years from date of the completion of the entire development of the said Subject Land by utilizing the entire FSI/TDR that may be permitted to be utilized therein in accordance with the relevant laws that may be in force from time to time and sale of all the apartments constructed in the said subject land and receipt of the entire consideration in respect thereof. The Allottee/s hereby agree(s) that he/she/it has understood the provisions of this clause and xxxxxx gives his/her/its unequivocal consent for the same. The Allotte/s hereby agree(s) and confirm(s) that till handover to the Association or Apex Body, the Allottee/s shall continue to pay all the outgoings as imposed by concerned authorities and proportionate charges to the Developer from time to time. .

Appears in 1 contract

Samples: Sale Agreement

ASSOCIATION STRUCTURE. i. The Developer shall at its sole and absolute discretion, as prescribed under the Relevant Laws, a. Form an Association of the Allottee/s of Apartment in the Project/Phase, as it may deem fit and proper in respect of the tower(s) comprised in Project known by such name as the Developer may decide, which shall be responsible for maintenance and management of the Project/Phase, within such period as may be prescribed under the Relevant Laws. b. form an Association/Apex Body for the Subject Land for each of residential and commercial zones (“Apex Body”), as the Developer may deem fit, for the purposes of effective maintenance and management of the Subject Land including for Common Areas and amenities of the Project/phase and/or of the Subject Land at such time and in such a manner as the Developer may deem fit to be known by such name as the Developer may decide, within such period as may be prescribed under the Relevant Laws. c. with a view to preserve the intrinsic value of the Project by ensuring high standard of maintenance and upkeep, at its discretion but not as an obligation, be involved / undertake / conduct either by itself or through Facility Management Company (in the manner set out hereunder), the maintenance and management of the Project, without any reference to the Allottee/s and other occupants of the Project, even after formation of the association/Apex Body/Apex Bodies on such terms and conditions as the Developer may deem fit and the Allottee/s hereby gives their unequivocal consent for the same. For this purposes the Developer may, in its discretion provide suitable provisions in the constitutional documents of the Association/Apex Body/Apex Bodies. d. Make provisions for payment of outgoings/CAM to the Association & the Apex Body/ for the purposes of maintenance of Project/Phase in which the Apartment is located and the entire Subject Land. The Allottee/s agree(s) and undertake(s), to sign and execute all applications and other papers and documents, including but not limited to the bye-bye- laws/memorandum and Articles of Association drafted/adopted by the Developer for the Association, necessary for the formation and registration of the Association/Apex Body within 10 (ten) days from intimation by the Developer. The Allottee/s agree(s) not to object to any changes/amendments made by the Developer in the draftthedraft/model bye-laws/memorandum and Articles of Association for the Association. The Allottee/s shall also be bound from time to time, to sign all papers, documents and deeds for safeguarding the interest of the Developer and the other Allottee/s of apartment(s) in the Project/Phase. The Allottee/s shall be bound by the rules, regulations and bye-laws/memorandum and Articles of Association / Apex Body and the terms and conditions contained in the Indenture.. No objection shall be raised by the Allottee/s, if any changes or modifications are made in the draft bye-law of the Association by the Developer as the case may be or as required by any other competent authority. The Allottee/s hereby authorize Developer to sign and execute all such forms applications, papers and documents on his/her/their/its behalf as may be required for this purpose. ii. The Developer may become a member of the Association/Apex body to the extent of all unsold and/or unallotted Apartment(s) areas and spaces in the Project/Subject land. iii. All costs, charges and expenses including stamp duty, registration charges and expenses in connection with the preparation, stamping and execution of any such documents in this regard, shall be borne and paid by the Association/Apex Body. iv. The Allottee/s hereby acknowledge(s) and agree(s) that the Project is a part of the Subject Land and as such the Developer shall hand over the common areas of the Subject Land including the said Project to the Association/Apex Body. The Developer shall handover the common areas/common amenities of the Subject Land to the Association / Apex Body within such period as the Developer may deem fit and proper, however such handing over shall not be later than 5 (five) years from date of the completion of the entire development of the said Subject Land by utilizing the entire FSI/TDR that may be permitted to be utilized therein in accordance with the relevant laws that may be in force from time to time and sale of all the apartments constructed in the said subject land and receipt of the entire consideration in respect thereof. The Allottee/s hereby agree(s) that he/she/it has understood the provisions of this clause and xxxxxx gives his/her/its unequivocal consent for the same. The Allotte/s hereby agree(s) and confirm(s) that till handover to the Association or Apex Body, the Allottee/s shall continue to pay all the outgoings as imposed by concerned authorities and proportionate charges to the Developer from time to time. .

Appears in 1 contract

Samples: Sale Agreement

ASSOCIATION STRUCTURE. i. The Developer shall at its sole and absolute discretion, as prescribed under the Relevant Laws, a. Form an Association of the Allottee/s of Apartment in the Project/Phase, as it may deem fit and proper in respect of the tower(s) comprised in Project known by such name as the Developer may decide, which shall be responsible for maintenance and management of the Project/Phase, within such period as may be prescribed under the Relevant Laws. b. form an Association/Apex Body for the Subject Land for each of residential and commercial zones (“Apex Body”)) , as the Developer may deem fit, for the purposes of effective maintenance and management of the Subject Land including for Common Areas and amenities of the Project/phase and/or of the Subject Land at such time and in such a manner as the Developer may deem fit to be known by such name as the Developer may decide, within such period as may be prescribed under the Relevant Laws. c. with a view to preserve the intrinsic value of the Project by ensuring high standard of maintenance and upkeep, at its discretion but not as an obligation, be involved / undertake / conduct either by itself or through Facility Management Company (in the manner set out hereunder), the maintenance and management of the Project, without any reference to the Allottee/s and other occupants of the Project, even after formation of the association/Apex Body/Apex Bodies on such terms and conditions as the Developer may deem fit and the Allottee/s hereby gives their unequivocal consent for the same. For this purposes the Developer may, in its discretion provide suitable provisions in the constitutional documents of the Association/Apex Body/Apex Bodies. d. Make provisions for payment of outgoings/CAM to the Association & the Apex Body/ for the purposes of maintenance of Project/Phase in which the Apartment is located and the entire Subject Land. The Allottee/s agree(s) and undertake(s), to sign and execute all applications and other papers and documents, including but not limited to the bye-laws/memorandum and Articles of Association drafted/adopted by the Developer for the Association, necessary for the formation and registration of the Association/Apex Body within 10 (ten) days from intimation by the Developer. The Allottee/s agree(s) not to object to any changes/amendments made by the Developer in the draftthedraft/model bye-laws/memorandum and Articles of Association for the Association. The Allottee/s shall also be bound from time to time, to sign all papers, documents and deeds for safeguarding the interest of the Developer and the other Allottee/s of apartment(s) in the Project/Phase. The Allottee/s shall be bound by the rules, regulations and bye-laws/memorandum and Articles of Association / Apex Body and the terms and conditions contained in the Indenture.. No objection shall be raised by the Allottee/s, if any changes or modifications are made in the draft bye-law of the Association by the Developer as the case may be or as required by any other competent authority. The Allottee/s hereby authorize Developer to sign and execute all such forms applications, papers and documents on his/her/their/its behalf as may be required for this purpose. ii. The Developer may become a member of the Association/Apex body to the extent of all unsold and/or unallotted Apartment(s) areas and spaces in the Project/Subject land. iii. All costs, charges and expenses including stamp duty, registration charges and expenses in connection with the preparation, stamping and execution of any such documents in this regard, shall be borne and paid by the Association/Apex Body. iv. The Allottee/s hereby acknowledge(s) and agree(s) that the Project is a part of the Subject Land and as such the Developer shall hand over the common areas of the Subject Land including the said Project to the Association/Apex Body. The Developer shall handover the common areas/common amenities of the Subject Land to the Association / Apex Body within such period as the Developer may deem fit and proper, however such handing over shall not be later than 5 (five) years from date of the completion of the entire development of the said Subject Land by utilizing the entire FSI/TDR that may be permitted to be utilized therein in accordance with the relevant laws that may be in force from time to time and sale of all the apartments constructed in the said subject land and receipt of the entire consideration in respect thereof. The Allottee/s hereby agree(s) that he/she/it has understood the provisions of this clause and xxxxxx gives his/her/its unequivocal consent for the same. The Allotte/s hereby agree(s) and confirm(s) that till handover to the Association or Apex BodyBody , the Allottee/s shall continue to pay all the outgoings as imposed by concerned authorities and proportionate charges to the Developer from time to time. .

Appears in 1 contract

Samples: Sale Agreement

ASSOCIATION STRUCTURE. i. (i) The Developer shall at its sole and absolute discretion, as prescribed under the Relevant Laws, a. Form an Association of the AllotteeAllottee(s) of Flat/s of Apartment in the Project/Phase, as it may deem fit and proper in respect of the tower(s) comprised in Project known by such name as the Developer may decide, which shall be responsible for maintenance and management of the Project/Phase, within such period as may be prescribed under the Relevant Laws. b. form an Association/Apex Body for the Subject Land for each of residential and commercial zones (“Apex Body”), as the Developer may deem fit, for the purposes of effective maintenance and management of the Subject Land including for Common Areas and amenities of the Project/phase and/or of the Subject Land at such time and in such a manner as the Developer may deem fit to be known by such name as the Developer may decide, within such period as may be prescribed under the Relevant Laws. c. with a view to preserve the intrinsic value of the Project by ensuring high standard of maintenance and upkeep, at its discretion but not as an obligation, be involved / undertake / conduct either by itself or through Facility Management Company (in the manner set out hereunder), the maintenance and management of the Project, without any reference to the Allottee/s and other occupants of the Project, even after formation of the association/Apex Body/Apex Bodies on such terms and conditions as the Developer may deem fit and the Allottee/s hereby gives their unequivocal consent for the same. For this purposes the Developer may, in its discretion provide suitable provisions in the constitutional documents of the Association/Apex Body/Apex Bodies. d. Make provisions for payment of outgoings/CAM to the Association & the Apex Body/ for the purposes of maintenance of the Project/Phase in which the Flat/Apartment is located and the entire Subject Project Land. The Allottee/s Allottee(s) agree(s) and undertake(s), to sign and execute all applications and other papers and documents, including but not limited to the bye-laws/memorandum laws / Memorandum and Articles of Association drafted/adopted by the Developer for the Association, necessary for the formation and registration of the Association/Apex Body within 10 (ten) days from intimation by the Developer. The Allottee/s Allottee(s) agree(s) not to object to any changes/amendments made by the Developer in the draft/model byeby-laws/memorandum Memorandum and Articles of Association for the Association. The Allottee/s Allottee(s) shall also be bound from time to time, to sign all papers, documents documents, and deeds for safeguarding the interest of the Developer and the other AllotteeAllottee(s) of Flat/s of apartment(sApartment(s) in the Project/Phase. The Allottee/s Allottee(s) shall be bound by the rules, regulations regulations, and bye-by- laws/memorandum Memorandum and Articles of Association / Apex Body and the terms and conditions contained in the Indenture.. . No objection shall be raised by the Allottee/sAllottee(s), if any changes or modifications are made in the draft byeby-law of the Association by the Developer as the case may be or as required by any other competent authority. The Allottee/s Allottee(s) hereby authorize the Developer to sign and execute all such forms applications, papers papers, and documents on his/her/their/its behalf as may be required for this purpose. (ii. ) The Developer may become a member of the Association/Apex body to the extent of all unsold and/or unallotted un-allotted Flat/Apartment(s) areas and spaces in the Project/Subject land. iii. All costs, charges and expenses including stamp duty, registration charges and expenses in connection with the preparation, stamping and execution of any such documents in this regard, shall be borne and paid by the Association/Apex Body. iv. The Allottee/s hereby acknowledge(s) and agree(s) that the Project is a part of the Subject Land and as such the Developer shall hand over the common areas of the Subject Land including the said Project to the Association/Apex Body. The Developer shall handover the common areas/common amenities of the Subject Land to the Association / Apex Body within such period as the Developer may deem fit and proper, however such handing over shall not be later than 5 (five) years from date of the completion of the entire development of the said Subject Land by utilizing the entire FSI/TDR that may be permitted to be utilized therein in accordance with the relevant laws that may be in force from time to time and sale of all the apartments constructed in the said subject land and receipt of the entire consideration in respect thereof. The Allottee/s hereby agree(s) that he/she/it has understood the provisions of this clause and xxxxxx gives his/her/its unequivocal consent for the same. The Allotte/s hereby agree(s) and confirm(s) that till handover to the Association or Apex Body, the Allottee/s shall continue to pay all the outgoings as imposed by concerned authorities and proportionate charges to the Developer from time to time.

Appears in 1 contract

Samples: Sale Agreement

AutoNDA by SimpleDocs

ASSOCIATION STRUCTURE. i. 20.1 The Developer shall at its sole and absolute discretion, as prescribed under the Relevant Laws, a. Form an Association (i) form association of the Allotteepurchasers of Apartment/s of Apartment Flats in the ProjectBuilding(s) (being either a co-operative society/Phasecondominium/limited company or combination of them), as it may deem fit and proper in respect of each of the tower(sbuilding(s) comprised in Project known by such name as the Developer may decide, which shall be responsible for maintenance and management of the Project/PhaseBuilding, within such period as may be prescribed under the Relevant Laws. b. (ii) form an Association/Apex Body Association for the Subject Land entire development or separate Organization/Association (being either a co-operative society/condominium/limited company or combination of them) (“Apex Body”) for each of residential and commercial zones (“Apex Body”)zones, as the Developer may deem fit, for the purposes of effective maintenance and management of the Subject Land entire Project including for Common Areas common areas and amenities of the Project/phase and/or of the Subject Land Project at such time and in such a manner as the Developer may deem fit to be known by such name as the Developer may decide, within such period as may be prescribed under the Relevant Laws. c. (iii) with a view to preserve the intrinsic value of the Project by ensuring high standard of maintenance and upkeep, at its discretion but not as an obligation, be involved / undertake / conduct either by itself or through Facility Management Company (in the manner set out hereunder), the maintenance and management of the Project, without any reference to the AllotteePurchaser/s and other occupants of the Project, even after formation of the association/Apex Bodyapex body/Apex Bodies apex bodies on such terms and conditions as the Developer may deem fit and the AllotteePurchaser/s hereby gives their unequivocal consent for the same. For this purposes the Developer may, in its discretion provide suitable provisions in the constitutional documents of the Associationassociation/Apex Bodyapex body/Apex Bodiesapex bodies. d. (iv) Make provisions for payment of outgoings/CAM to the Association association & the Apex Body/ apex body/apex bodies for the purposes of maintenance of Project/Phase Building in which the Apartment Apartment/Flat is located and the entire Subject Land. Project. 20.2 The AllotteePurchaser/s agree(s) and undertake(s), to sign and execute all applications and other papers and documents, including but not limited to the bye-laws/memorandum and Articles articles of Association drafted/adopted by the Developer for the Associationassociation, necessary for the formation and registration of the Association/Apex Body Association within 10 (ten) days from intimation by the Developer. The AllotteePurchaser/s agree(s) not to object to any changes/amendments made by the Developer in the draft/model bye-bye- laws/memorandum and Articles articles of association / Association for the Associationassociation. The AllotteePurchaser/s shall also be bound from time to time, to sign all papers, documents and deeds for safeguarding the interest of the Developer and the other Allotteepurchasers of apartment(s)/flat(s)/premises/s of apartment(s) Apartment/Flats in the Project/PhaseBuilding(s). The AllotteePurchaser/s shall be bound by the rules, regulations and bye-laws/memorandum and Articles articles of Association association / Apex Body apex body / apex bodies and the terms and conditions contained in the Indenture.. . No objection shall be raised by the AllotteePurchaser/s, if any changes or modifications are made in the draft bye-law of the Association by the Developer as the case may be or as may be required by the Registrar of Cooperative Societies or any other competent authority. The AllotteePurchaser/s hereby authorize Developer to sign and execute all such forms applications, papers and documents on his/her/their/its behalf as may be required for this purpose. ii. 20.3 The Developer may become a member of the Association/Apex body Association to the extent of all unsold and/or unallotted Apartment(s) Apartment(s)/Flat(s)/, areas and spaces in the Project/Subject landBuilding. iii. 20.4 All costs, charges and expenses including stamp duty, registration charges and expenses in connection with the preparation, stamping and execution of any such documents in this regard, deed of assignment/transfer shall be borne and paid by the Associationassociation/ all purchasers of apartments/Apex Body. iv. The Allotteeflats/premises/ Apartment/Flats in the building/s hereby acknowledge(s) and agree(s) that in the Project is a part same proportion as the total area of the Subject Land and as such the Developer shall hand over the common areas of the Subject Land including the said Project apartments/flats/ premises/Apartment/Flats bears to the Association/Apex Body. The Developer shall handover the common areas/common amenities of the Subject Land to the Association / Apex Body within such period as the Developer may deem fit and proper, however such handing over shall not be later than 5 (five) years from date of the completion of the entire development of the said Subject Land by utilizing the entire FSI/TDR that may be permitted to be utilized therein in accordance with the relevant laws that may be in force from time to time and sale total area of all the apartments constructed apartment(s)/flat(s)/premises/Apartment/Flats in the said subject land and receipt of the entire consideration in respect thereof. The Allotteebuilding/s hereby agree(s) that he/she/it has understood the provisions of this clause and xxxxxx gives his/her/its unequivocal consent for the same. The Allotte/s hereby agree(s) and confirm(s) that till handover to the Association or Apex Body, the Allottee/s shall continue to pay all the outgoings as imposed by concerned authorities and proportionate charges to the Developer from time to time.s.

Appears in 1 contract

Samples: Sale Agreement

ASSOCIATION STRUCTURE. i. The Developer shall at its sole and absolute discretion, as prescribed under the Relevant Laws, a. Form an Association of the Allottee/s of Apartment in the Project/Phase, as it may deem fit and proper in respect of the tower(s) comprised in Project known by such name as the Developer may decide, which shall be responsible for maintenance and management of the Project/Phase, within such period as may be prescribed under the Relevant Laws. b. form an Association/Apex Body for the Subject Land for each of residential and commercial zones (“Apex Body”), as the Developer may deem fit, for the purposes of effective maintenance and management of the Subject Land including for Common Areas and amenities of the Project/phase and/or of the Subject Land at such time and in such a manner as the Developer may deem fit to be known by such name as the Developer may decide, within such period as may be prescribed under the Relevant Laws. c. with a view to preserve the intrinsic value of the Project by ensuring high standard of maintenance and upkeep, at its discretion but not as an obligation, be involved / undertake / conduct either by itself or through Facility Management Company (in the manner set out hereunder), the maintenance and management of the Project, without any reference to the Allottee/s and other occupants of the Project, even after formation of the association/Apex Body/Apex Bodies on such terms and conditions as the Developer may deem fit and the Allottee/s hereby gives their unequivocal consent for the same. For this purposes the Developer may, in its discretion provide suitable provisions in the constitutional documents of the Association/Apex Body/Apex Bodies. d. Make provisions for payment of outgoings/CAM to the Association & the Apex Body/ for the purposes of maintenance of Project/Phase in which the Apartment is located and the entire Subject Land. The AllotteePurchaser/s agree(s) and undertake(s), to sign and execute all applications and other papers and documents, including but not limited to the bye-laws/memorandum and Articles articles of Association association / Apex Body / Apex Bodies drafted/adopted by the Developer for the Associationassociation, necessary for the formation and registration of the Association/association / Apex Body / Apex bodies within 10 (ten) days from intimation by the Developer. The AllotteePurchaser/s agree(s) not to object to any changes/amendments made by the Developer in the draft/model bye-laws/memorandum and Articles articles of Association association / Apex Body / Apex Bodies for the Associationassociation. The AllotteePurchaser/s shall also be bound from time to time, to sign all papers, documents and deeds for safeguarding the interest of the Developer and the other Allotteepurchasers of apartment(s)/flat(s)/premises/s of apartment(s) units in the Project/PhaseBuilding(s)/Wing(s). The AllotteePurchaser/s shall be bound by the rules, regulations and bye-laws/memorandum and Articles articles of Association association / Apex Body / Apex Bodies and the terms and conditions contained in the Indenture.. . No objection shall be raised by the AllotteePurchaser/s, if any changes or modifications are made in the draft bye-law of the Association association / Apex Body / Apex Bodies by the Developer as the case may be or as may be required by the Registrar of Cooperative Societies or any other competent authority. The AllotteePurchaser/s hereby authorize authorize(s) the Developer to sign and execute all such forms applications, papers and documents on his/her/their/its behalf as may be required for this purpose. ii. The Developer may become a member of the Association/association / Apex body Body / Apex Bodies to the extent of all unsold and/or unallotted Apartment(s) apartment(s)/flat(s)/premises/units, areas and spaces in the Project/Subject landBuilding(s)/Wing(s). iii. All costs, charges and expenses including stamp duty, registration charges and expenses in connection with the preparation, stamping and execution of any such documents in this regard, deed of assignment/transfer shall be borne and paid by the Associationassociation/Apex Body. iv. The Allotteeall purchasers of apartments/flats/premises/units in the building/s hereby acknowledge(s) and agree(s) that / wing/s in the Project is a part same proportion as the total area of the Subject Land and as such the Developer shall hand over the common areas of the Subject Land including the said Project apartments/flats/premises/units bears to the Association/Apex Body. The Developer shall handover the common areas/common amenities of the Subject Land to the Association / Apex Body within such period as the Developer may deem fit and proper, however such handing over shall not be later than 5 (five) years from date of the completion of the entire development of the said Subject Land by utilizing the entire FSI/TDR that may be permitted to be utilized therein in accordance with the relevant laws that may be in force from time to time and sale total area of all the apartments constructed apartment(s)/flat(s)/premises/units in the said subject land and receipt of the entire consideration in respect thereof. The Allotteebuilding/s hereby agree(s) that he/ wing/she/it has understood the provisions of this clause and xxxxxx gives his/her/its unequivocal consent for the same. The Allotte/s hereby agree(s) and confirm(s) that till handover to the Association or Apex Body, the Allottee/s shall continue to pay all the outgoings as imposed by concerned authorities and proportionate charges to the Developer from time to time.s.

Appears in 1 contract

Samples: Agreement for Sale

ASSOCIATION STRUCTURE. i. 21.1 The Developer Developer/Owner shall at its sole and absolute discretion, as prescribed under the Relevant Laws, a. Form an Association (i) form association of the Allotteepurchasers of apartment(s)/flat(s)/premises/s of Apartment units in the ProjectBuilding(s) (being either a co-operative society/Phasecondominium/limited company or combination of them), as it may deem fit and proper in respect of each of the tower(sbuilding(s) comprised in Project known by such name as the Developer Developer/Owner may decide, which shall be responsible for maintenance and management of the Project/PhaseBuilding, within such period as may be prescribed under the Relevant Laws. b. (ii) form an Associationapex organization (being either a co-operative society/condominium/limited company or combination of them) (“Apex Body Body”) for the Subject Land entire development or separate apex association / apex body / apex bodies (being either a co-operative society/condominium/limited company or combination of them) (“Apex Bodies”) for each of residential and commercial zones (“Apex Body”)zones, as the Developer Developer/Owner may deem fit, for the purposes of effective maintenance and management of the Subject Land entire Project including for Common Areas common areas and amenities of the Project/phase and/or of the Subject Land Project at such time and in such a manner as the Developer Developer/Owner may deem fit to be known by such name as the Developer Developer/Owner may decide, within such period as may be prescribed under the Relevant Laws. c. (iii) with a view to preserve the intrinsic value of the Project by ensuring high standard of maintenance and upkeep, at its discretion but not as an obligation, be involved / undertake / conduct either by itself or through Facility Management Company (in the manner set out hereunderin clause 21 below), the maintenance and management of the Project, without any reference to the AllotteePurchaser/s and other occupants of the Project, even after formation of the association/Apex Bodyapex body/Apex Bodies apex bodies on such terms and conditions as the Developer Developer/Owner may deem fit and the AllotteePurchaser/s hereby gives their unequivocal consent for the same. For this purposes the Developer Developer/Owner may, in its discretion provide suitable provisions in the constitutional documents of the Associationassociation/Apex Bodyapex body/Apex Bodiesapex bodies. d. (iv) Make provisions for payment of outgoings/CAM to the Association association & the Apex Body/ apex body/apex bodies for the purposes of maintenance of Project/Phase Building in which the Apartment Apartment/Flat is located and the entire Subject LandProject. 21.2 Except Car Park(s) allotted by the Developer/Owner in accordance to this Agreement, the Purchaser/s agree(s) and confirm(s) that all open car parking space(s) will be dealt with in accordance with the Relevant Laws. The AllotteePurchaser/s hereby declares and confirms that except for the Car Park(s) allotted by the Developer/Owner, the Purchaser/s do/es not require any parking space/s including open car parking space(s) and accordingly the Purchaser/s waives his/her/its/their claim, right, title, interest whatsoever on the areas of parking space(s) in the Project. The Purchaser/s further agree(s) and undertake(s) that it shall have no concerns towards the identification and allotment/allocation of parking space(s) done by Developer/Owner / association / Apex Body, at any time and shall not challenge the same anytime in future. The Purchaser/s agree(s) and acknowledge(s) that Developer/Owner/the association/Apex Body shall deal with the parking space(s) in the manner association / Apex Body deems fit, subject to the terms of bye-laws and constitutional documents of the association / Apex Body / the Relevant Laws. The Developer/Owner acknowledges and accepts the aforementioned waiver and accordingly has given effect to the same while calculating the Total Consideration. 21.3 The Purchaser/s hereby acknowledge(s) and agree(s) that the Project is a part of a layout development and as such the Developer/Owner would be conveying only the built-up area of the Building (except the basement and podium) to the association formed of the individual building(s)/wing(s), which shall not be later than 2 (two) years from the date of handover all the Apartment/Flat in the Building(s)/Wing(s) to respective purchasers of the Building(s)/Wing(s) and the underlying Land would be conveyed to the Apex Body / Apex Bodies formed of the association in such parts as the Developer/Owner may deem fit. The Developer/Owner shall convey its title in respect of the Land to the association / Apex Body / Apex Bodies within such period as the Developer/Owner may deem fit, however such conveyance shall not be later than 5 (five) years from date of the completion of the entire development of the said Land by utilizing the entire FSI/TDR that may be permitted to be utilized therein in accordance with D.C. Regulations that may be in force from time to time and sale of all the apartments/flats/premises / commercial office / units in the said Building/s / Wing/s and receipt of the entire consideration in respect thereof. The Purchaser/s hereby agree(s) that he/she/it has understood the provisions of this clause and hereby gives his/her/its unequivocal consent for the same. The Purchaser/s hereby agree(s) and confirm(s) that till conveyance of the buildings and underlying Land to the association or apex body / apex bodies (as the case may be), the Purchaser/s shall continue to pay all the outgoings as imposed by MCGM and / or concerned authorities and proportionate charges to the Developer/Owner from time to time. 21.4 The Purchaser/s agree(s) and undertake(s), to sign and execute all applications and other papers and documents, including but not limited to the bye-laws/memorandum and Articles articles of Association association / apex body / apex bodies drafted/adopted by the Developer for the Associationassociation, necessary for the formation and registration of the Association/Apex Body association / apex body / apex bodies within 10 (ten) days from intimation by the Developer/Owner. The AllotteePurchaser/s agree(s) not to object to any changes/amendments made by the Developer Developer/Owner in the draft/model bye-laws/memorandum and Articles articles of Association association / apex body / apex bodies for the Associationassociation. The AllotteePurchaser/s shall also be bound from time to time, to sign all papers, documents and deeds for safeguarding the interest of the Developer Developer/Owner and the other Allotteepurchasers of apartment(s)/flat(s)/premises/s of apartment(s) units in the Project/PhaseBuilding(s)/Wing(s). The AllotteePurchaser/s shall be bound by the rules, regulations and bye-laws/memorandum and Articles articles of Association association / Apex Body apex body / apex bodies and the terms and conditions contained in the Indenture.. . No objection shall be raised by the AllotteePurchaser/s, if any changes or modifications are made in the draft bye-law of the Association association / apex body / apex bodies by the Developer Developer/Owner as the case may be or as may be required by the Registrar of Cooperative Societies or any other competent authority. The AllotteePurchaser/s hereby authorize Developer authorize(s) the Developer/Owner to sign and execute all such forms applications, papers and documents on his/her/their/its behalf as may be required for this purpose. ii. 21.5 The Developer Developer/Owner may become a member of the Association/Apex association / apex body / apex bodies to the extent of all unsold and/or unallotted Apartment(s) apartment(s)/flat(s)/premises/units, areas and spaces in the Project/Subject landBuilding(s)/Wing(s). iii. 21.6 All costs, charges and expenses including stamp duty, registration charges and expenses in connection with the preparation, stamping and execution of any such documents in this regard, deed of assignment/transfer shall be borne and paid by the Associationassociation/Apex Body. iv. The Allotteeall purchasers of apartments/flats/premises/units in the building/s hereby acknowledge(s) and agree(s) that / wing/s in the Project is a part same proportion as the total area of the Subject Land and as such the Developer shall hand over the common areas of the Subject Land including the said Project apartments/flats/premises/units bears to the Association/Apex Body. The Developer shall handover the common areas/common amenities of the Subject Land to the Association / Apex Body within such period as the Developer may deem fit and proper, however such handing over shall not be later than 5 (five) years from date of the completion of the entire development of the said Subject Land by utilizing the entire FSI/TDR that may be permitted to be utilized therein in accordance with the relevant laws that may be in force from time to time and sale total area of all the apartments constructed apartment(s)/flat(s)/premises/units in the said subject land and receipt of the entire consideration in respect thereof. The Allotteebuilding/s hereby agree(s) that he/ wing/she/it has understood the provisions of this clause and xxxxxx gives his/her/its unequivocal consent for the same. The Allotte/s hereby agree(s) and confirm(s) that till handover to the Association or Apex Body, the Allottee/s shall continue to pay all the outgoings as imposed by concerned authorities and proportionate charges to the Developer from time to time.s.

Appears in 1 contract

Samples: Sale Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!