MAINTENANCE OF THE PROJECT. 11.1 The Promoter shall be responsible to provide and maintain essential services in the Project upon the issuance of the completion certificate of the Project till the formation of the Association and its becoming operationalization for the acts relating to the Common Purposes. The cost of such maintenance for a period of 12 months has been included in the Total Price as mentioned in clause 1.2.2 of this agreement. In case the formation and operationalization of the Association is delayed for no fault of the Promoter, the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the Project is handed over to the Association and the Allottees shall be liable to pay to the Promoter or Facility Management Agency, the charges for such maintenance, property tax, common expenses and other outgoings in respect of the Allotted Apartment as mentioned in Part-I of the Sixth Schedule hereunder written. 11.2 The Allottee acknowledges that providing and maintaining essential services is for the benefit of all the Allottees and as such it is desirable that a Facility Management Agency be appointed and in this regard the Allottee authorizes the Promoter to appoint a Facility Management Agency on such terms and conditions as the Promoter in its absolute discretion may deem fit and proper who shall remain responsible for providing and maintaining essential services. 11.3 The Allottee acknowledges that the Promoter shall be entitled to appoint a Facility Management Agency for providing and maintaining essential services on such terms and conditions as the Promoter in its absolute discretion may deem fit and proper and the Allottees shall be liable to make payment of an amount equivalent to 15% of the Maintenance Charges as service charges payable to such Facility Management Agency. 11.4 After formation of the Association of the Purchasers, the Association of the Allottees will take control of the Common Areas and shall remain liable for providing and maintaining the essential services.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
MAINTENANCE OF THE PROJECT. 11.1 The Promoter shall be responsible to provide and maintain essential services in the Project upon the issuance of the completion certificate of the Project till the formation of the Association of the Apartment Acquirers/Allottees and its becoming operationalization operational for the acts relating to the Common Purposes. The cost of such maintenance for a period of 12 months on the basis of costs charges and expenses involved and applicable in the month of November 2022 for providing and maintaining essential services has been included in the Total Price as mentioned in clause 1.2.2 of this agreement. In case the formation and operationalization of the Association is delayed for no fault on the part of the Promoter, the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the Project is handed over to the Association and the Allottees Allottees/Apartment Acquirers shall be liable to pay to the Promoter or Facility Management Agency, the charges for such maintenance, property tax, common expenses and other outgoings in respect of the Allotted Apartment as and in the manner mentioned in Part-I of the Sixth Schedule hereunder written.
11.2 The Allottee acknowledges that providing and maintaining essential services is for the benefit of all the Apartment Acquirers/Allottees and as such it is desirable that a Facility Management Agency be appointed and in this regard the Allottee authorizes the Promoter to appoint a Facility Management Agency on such terms and conditions as the Promoter in its absolute discretion may deem fit and proper who shall remain responsible for providing and maintaining essential servicesAgency.
11.3 The Allottee acknowledges that the Promoter shall be entitled to appoint a Facility Management Agency for providing and maintaining essential services on such terms and conditions as the Promoter in its absolute discretion may deem fit and proper and the Allottees who upon being so appointed shall be liable and remain responsible for maintaining the essential services subject to make payment of an amount equivalent the charges to 15% the Promoter for such maintenance, property tax, common expenses and other outgoings in respect of the Maintenance Charges Allotted Apartment as service charges payable to such Facility Management Agencymentioned in Part-I of the Sixth Schedule hereunder written.
11.4 After formation of the Association of the PurchasersAllottees, the Association of the Allottees will take control of the Common Areas and shall remain liable for providing and maintaining the essential services.
Appears in 1 contract
Samples: Sale Agreement
MAINTENANCE OF THE PROJECT. 11.1 The i. That until the handover of the Common Areas and Facilities of the Project to the Maintenance Association in accordance with the Act, the Promoter shall be responsible to provide maintain the Common Areas and maintain essential services Facilities at actual cost 20% however, one month maintenance charges from the date of completion certificate has been included in Total Payable Amount of Unit as mentioned in Schedule-I attached hereto.
ii. That a Maintenance Association of allottees of apartments in the Project upon shall be formed with the issuance main object to take over the responsibility of maintenance/management of Common Area and Facilities of Project and with such other object or purpose and in such manner and to such extent as the Promoter and/or Maintenance Association may decide from time to time keeping in view the best interest of the completion certificate allottees of apartments in the Project. The allottees of all the apartments of Project shall become the members of the Project till Maintenance Association. The Allottee(s) agrees and undertakes to abide by and comply with bye-laws and rules and regulation of such Maintenance Association. Until the formation of the Maintenance Association and its becoming operationalization for under the acts relating to the Common Purposes. The cost of such maintenance for a period of 12 months has been included in the Total Price as mentioned in clause 1.2.2 of this agreement. In case the formation and operationalization of the Association is delayed for no fault of the PromoterApplicable Laws, the Promoter itself or through Maintenance Agency shall provide maintain the Common Areas and Facilities of the Project and shall have all the rights and authorities of the Maintenance Association, in addition to the rights expressly mentioned herein, to enable proper maintenance of the Common Areas and Facilities of the Project. The Promoters shall handover the management/ maintenance of the Common Areas and Facilities of the Project upon formation of the Maintenance Association under the Applicable Laws to the Maintenance Association, and the Maintenance Association will take care of the Common Areas and Facilities of the Project
iii. The Allottee(s) specifically recognizes that the Project comprises of multi storied residential buildings and he is agreeing to purchase the Unit situated therein. The Allottee(s) is also
iv. The Promoter shall transfer the IFMD to the Maintenance Association without any interest at the time of takeover of Common Areas and Common Facilities of the Project to the Maintenance Association.
v. The Allottee(s) shall not raise any objection, if any changes or modifications are made in the draft Bye-Laws as may be required by the Registrar of societies or other Competent Authority as the occasion may demand. After the handover of Common Areas and Facilities of the Project to Maintenance Association as per the Act, it shall be the sole responsibility of the Maintenance Association, to run and maintain the essential services in Common Areas and Facilities of Project, and to determine from time to time the said rate and amount of combined expenses and outgoings for the Common Areas and Facilities of Project till recoverable proportionately from the Association is formed Allottee(s) and from allother parties and the Project is handed over to the Association and the Allottees Allottee(s) agrees that he shall be liable to pay the said combined expenses and outgoings and other dues to the Promoter or Facility Management AgencyMaintenance Association, from time to time & regularly.
vi. The Allottee(s) xxxxxx agrees that his/her right to the charges for such maintenanceuse of Common Areas and Facilities of the Project shall be subject to timely payment of total maintenance charges, property tax, common expenses as determined and other outgoings thereafter billed by the Maintenance Association and performance by the Allottee(s) of all his/her obligations in respect of the Allotted Apartment as mentioned in Part-I of the Sixth Schedule hereunder written.
11.2 The Allottee acknowledges that providing and maintaining essential services is for the benefit of all the Allottees and as such it is desirable that a Facility Management Agency be appointed and in this regard the Allottee authorizes the Promoter to appoint a Facility Management Agency on such terms and conditions as specified by the Promoter Maintenance Association from time to time
vii. The Allottee(s) agrees that, on and from the Possession Notice Expiry Date or the date of execution of the Conveyance Deed, whichever is earlier, the Allottee shall pay advance Maintenance Charges (calculated at an estimated rate) for a period of one (1) year, which amount shall be used for maintenance of the Project and chargeable to all the apartment owners in its absolute discretion may deem fit and proper who shall remain responsible for providing and maintaining essential servicesthe Project.
11.3 The Allottee acknowledges that viii. That as and when any plant, machinery, equipment etc. within the Promoter Project including but not limited to lifts, DG sets, electric substation, pumps, fire fighting equipment, etc. requires replacement, up-gradation, addition etc. the cost thereof shall be entitled contributed by all the owners/occupants of residential apartments/flats at the Project on pro-rata basis (x.x.xx
ix. The Allottee(s) agrees and understands that certain residential apartments at the Project have attached exclusive areas, balconies etc. which are intended to appoint be sold/conveyed along with the said apartments only. The Allottee(s) having agreed to purchase the Unit of the description and specifications detailed in Schedule III and Schedule IV shall not raise a Facility Management Agency for providing demand or claim upon the Promoters to provide any other areas, balconies, etc. which do not form part of the description and maintaining essential services on specification of the Unit being subject matter of this Agreement nor object or interfere with the enjoyment of such areas, balconies etc. by the respective apartment owners.
x. Allottee(s) shall be bound by all the terms and conditions as the Promoter in its absolute discretion may deem fit of Bye- Laws, maintenance agreement and proper and the Allottees shall be liable to make payment of an amount equivalent to 15% of any other agreement entered by the Maintenance Charges Association and any decisions taken by the Maintenance Association as service charges payable to such Facility Management Agencyper it Bye -Laws.
11.4 After formation of the Association of the Purchasers, the Association of the Allottees will take control of the Common Areas and shall remain liable for providing and maintaining the essential services.
Appears in 1 contract
Samples: Conveyance Deed
MAINTENANCE OF THE PROJECT. 11.1 The Promoter shall be responsible to provide and maintain essential services in the Project upon the issuance of the completion certificate of the Project till the formation of the Association of the Allottees and its becoming operationalization operational for the acts relating to the Common Purposes. The cost of such maintenance for a period of 12 months has been included in the Total Price as mentioned in clause 1.2.2 of this agreement. In case the formation and operationalization of the Association is delayed for no fault of the Promoter, the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the Project is handed over to the Association Purposes and the Allottees shall be liable to pay to the Promoter or Facility Management Agency, the charges for such maintenance, property tax, common expenses and other outgoings in respect of the Allotted Apartment as and in the manner mentioned in Part-I of the Sixth Schedule hereunder written.
11.2 The Allottee acknowledges that providing and maintaining essential services is for the benefit of all the Allottees and as such it is desirable that a Facility Management Maintenance Agency be appointed and in this regard the Allottee authorizes the Promoter to appoint a Facility Management Agency on such terms and conditions as the Promoter in its absolute discretion may deem fit and proper who shall remain responsible for providing and maintaining essential servicesAgency.
11.3 The Allottee acknowledges that the Promoter shall be entitled to appoint a Facility Management Agency for providing and maintaining essential services on such terms and conditions as the Promoter in its absolute discretion may deem fit and proper and the Allottees who upon being so appointed shall be liable and remain responsible for maintaining the essential services subject to make payment of an amount equivalent the charges to 15% the Promoter for such maintenance, property tax, common expenses and other outgoings in respect of the Maintenance Charges Allotted Apartment as service charges payable to such Facility Management Agencymentioned in Part-I of the Sixth Schedule hereunder written.
11.4 After formation of the Association of the PurchasersAllottees, the Association of the Allottees will take control of the Common Areas and shall remain liable for providing and maintaining the essential services.
Appears in 1 contract
Samples: Sale Agreement
MAINTENANCE OF THE PROJECT. 11.1 The Developer/Promoter shall be responsible to provide and maintain essential services in the Project upon the issuance of the completion certificate of the Project till the formation of the Association of the Apartment Acquirers /Allottees and its becoming operationalization operational for the acts relating to the Common Purposes. The cost of such maintenance for a period of 12 months on the basis of costs charges and expenses involved and applicable in the month of ……………………. for providing and maintaining essential services has been included in the Total Price as mentioned in clause 1.2.2 of this agreement. In case the formation and operationalization of the Association is delayed for no fault on the part of the PromoterDevelopers/Promoters, the Developer/Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the Project is handed over to the Association and the Allottees Allottees/ Apartment Acquirers shall be liable to pay to the Developer/Promoter or the charges for such maintenance, property tax, common expenses and other outgoings in respect of the Allotted Apartment as and in the manner mentioned in Part-I of the Sixth Schedule hereunder written.
11.2 The Allottee acknowledges that providing and maintaining essential services is for the benefit of all the Apartment Acquirers/Allottees and as such it is desirable that a Facility Management Agency be appointed and in this regard the Allottee authorizes the Developer/Promoter to appoint a Facility Management Agency, .
11.3 The Allottee acknowledges that the Developer/Promoter shall be entitled to appoint a Facility Management Agency for providing and maintaining essential services on such terms and conditions as the Developer/Promoter in its absolute discretion may deem fit and proper who upon being so appointed shall be and remain responsible for maintaining the essential services subject to payment of the charges to the Developer/Promoter for such maintenance, property tax, common expenses and other outgoings in respect of the Allotted Apartment as mentioned in Part-I of the Sixth Schedule hereunder written.
11.2 The Allottee acknowledges that providing and maintaining essential services is for the benefit of all the Allottees and as such it is desirable that a Facility Management Agency be appointed and in this regard the Allottee authorizes the Promoter to appoint a Facility Management Agency on such terms and conditions as the Promoter in its absolute discretion may deem fit and proper who shall remain responsible for providing and maintaining essential services.
11.3 The Allottee acknowledges that the Promoter shall be entitled to appoint a Facility Management Agency for providing and maintaining essential services on such terms and conditions as the Promoter in its absolute discretion may deem fit and proper and the Allottees shall be liable to make payment of an amount equivalent to 15% of the Maintenance Charges as service charges payable to such Facility Management Agency.
11.4 After formation of the Association of the PurchasersAllottees, the Association of the Allottees will take control of the Common Areas and shall remain liable for providing and maintaining the essential services.
Appears in 1 contract
Samples: Sale Agreement
MAINTENANCE OF THE PROJECT. 11.1 The Developer/Promoter shall be responsible to provide and maintain essential services in the Project upon the issuance of the completion certificate of the Project till the formation of the Association of the Apartment Acquirers /Allottees and its becoming operationalization operational for the acts relating to the Common Purposes. The cost of such maintenance for a period of 12 months on the basis of costs charges and expenses involved and applicable in the month of for providing and maintaining essential services has been included in the Total Price as mentioned in clause 1.2.2 of this agreement. In case the formation and operationalization of the Association is delayed for no fault on the part of the PromoterDevelopers/Promoters, the Developer/Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the Project is handed over to the Association and the Allottees Allottees/ Apartment Acquirers shall be liable to pay to the Developer/Promoter or the charges for such maintenance, property tax, common expenses and other outgoings in respect of the Allotted Apartment as and in the manner mentioned in Part-I of the Sixth Schedule hereunder written.
11.2 The Allottee acknowledges that providing and maintaining essential services is for the benefit of all the Apartment Acquirers/Allottees and as such it is desirable that a Facility Management Agency be appointed and in this regard the Allottee authorizes the Developer/Promoter to appoint a Facility Management Agency, .
11.3 The Allottee acknowledges that the Developer/Promoter shall be entitled to appoint a Facility Management Agency for providing and maintaining essential services on such terms and conditions as the Developer/Promoter in its absolute discretion may deem fit and proper who upon being so appointed shall be and remain responsible for maintaining the essential services subject to payment of the charges to the Developer/Promoter for such maintenance, property tax, common expenses and other outgoings in respect of the Allotted Apartment as mentioned in Part-I of the Sixth Schedule hereunder written.
11.2 The Allottee acknowledges that providing and maintaining essential services is for the benefit of all the Allottees and as such it is desirable that a Facility Management Agency be appointed and in this regard the Allottee authorizes the Promoter to appoint a Facility Management Agency on such terms and conditions as the Promoter in its absolute discretion may deem fit and proper who shall remain responsible for providing and maintaining essential services.
11.3 The Allottee acknowledges that the Promoter shall be entitled to appoint a Facility Management Agency for providing and maintaining essential services on such terms and conditions as the Promoter in its absolute discretion may deem fit and proper and the Allottees shall be liable to make payment of an amount equivalent to 15% of the Maintenance Charges as service charges payable to such Facility Management Agency.
11.4 After formation of the Association of the PurchasersAllottees, the Association of the Allottees will take control of the Common Areas and shall remain liable for providing and maintaining the essential services.
Appears in 1 contract
Samples: Sale Agreement
MAINTENANCE OF THE PROJECT. 11.1 The Promoter shall be responsible to provide and maintain essential services in I. That until the Project upon the issuance of the completion certificate of the Project till the formation of the Association and its becoming operationalization for the acts relating to the Common Purposes. The cost of such maintenance for a period of 12 months has been included in the Total Price as mentioned in clause 1.2.2 of this agreement. In case the formation and operationalization of the Association is delayed for no fault of the Promoter, the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the Project is handed over to the Association and the Allottees shall be liable to pay to the Promoter or Facility Management Agency, the charges for such maintenance, property tax, common expenses and other outgoings in respect of the Allotted Apartment as mentioned in Part-I of the Sixth Schedule hereunder written.
11.2 The Allottee acknowledges that providing and maintaining essential services is for the benefit of all the Allottees and as such it is desirable that a Facility Management Agency be appointed and in this regard the Allottee authorizes the Promoter to appoint a Facility Management Agency on such terms and conditions as the Promoter in its absolute discretion may deem fit and proper who shall remain responsible for providing and maintaining essential services.
11.3 The Allottee acknowledges that the Promoter shall be entitled to appoint a Facility Management Agency for providing and maintaining essential services on such terms and conditions as the Promoter in its absolute discretion may deem fit and proper and the Allottees shall be liable to make payment of an amount equivalent to 15% of the Maintenance Charges as service charges payable to such Facility Management Agency.
11.4 After formation of the Association of the Purchasers, the Association of the Allottees will take control handover of the Common Areas and Facilities of the Project to the Maintenance Association in accordance with the Act, the Promoter No. 2 shall remain liable maintain the Common Areas and Facilities at actual cosH 20% however, one month maintenance charges from the date of completion certificate has been included in Total Payable Amount of Unit as mentioned in Schedule-I attached hereto.
II. That a Maintenance Association of allottees of apartments in the Project shall be formed with the main object to take over the responsibility of maintenance/management of Common Area and Facilities of Project and with such other object or purpose and in such manner and to such extent as the Promoter and/or Maintenance Association may decide from time to time keeping in view the best interest of the allottees of apartments in the Project. The allottees of all the apartments of Project shall become the members of the Maintenance Association. The Allottee(s) agrees and undertakes to abide by and comply with bye-laws and rules and regulation of such Maintenance Association. Until the formation of the Maintenance Association under the Applicable Laws, the Promoter No. 2 itself or through Maintenance Agency shall maintain the Common Areas and Facilities of the Project and shall have all the rights and authorities of the Maintenance Association, in addition to the rights expressly mentioned herein, to enable proper maintenance of the Common Areas and Facilities of the Project. The Promoters shall handover the management/maintenance of the Common Areas and Facilities of the Project upon formation of the Maintenance Association under the Applicable Laws to the Maintenance Association, and the Maintenance Association will take care of the Common Areas and Facilities of the Project.
III. The Allottee(s) specifically recognizes that the Project comprises of multi storied residential buildings and he is agreeing to purchase the Unit situated therein. The For Unique Mad an Ho vt. ltd, Allottee(s) is also aware that the Project requires proper and periodic maintenance and upkeep and unless the Project including its Common Areas and Facilities are maintained in proper form with neat and clean environment, the utility of the Project cannot be availed by the users/occupants. It is for providing these, amongst other reasons, that the Allottee( s) has agreed to purchase the Unit on the specific understanding that the right to use Common Area and maintaining Facilities shall be subject to payment of maintenance charges by him, amongst other charges, as determined by the essential servicesPromoter NO.2 or the Maintenance Association. The Promoter No. 2/ Maintenance Association, for the purposes of carrying out such maintenance services at the Project, may employ/hire a maintenance agency ("Maintenance Agency") appointed for the said purpose.
IV. The Promoter NO.2 shall transfer the IFMD to the Maintenance Association without any interest at the time of takeover of Coinrnon Areas and Common Facilities of the Project to the Maintenance Association.
Appears in 1 contract
Samples: Agreement for Sale
MAINTENANCE OF THE PROJECT. 11.1 The Promoter agrees that on receiving occupancy certificate of the Project and within such timeframe as prescribed in the Act, the Promoter shall take necessary steps for formation of an association of apartment owners of the Project (“Association”). Upon formation of the Association and its taking charge of the acts relating to the Common Purposes all the rights and obligations with regard to the Common Purposes shall be and/or stand transferred by the Promoter and/or its nominee to the Association. All references to the Promoter herein with regard to the Common Purposes shall thenceforth be deemed to be reference to the Association. The Promoter shall be responsible to provide and maintain essential services in the Project upon till the issuance taking over of the completion certificate maintenance of the Project till project by the association of the allottees. The Allottee shall pay to the Promoter the cost of such maintenance from the date of execution of this deed or if the allottee fails to take possession, he shall be liable to pay maintenance charges in respect of the Said Apartment And Appurtenances from the deemed date of possession. Within 3 (three) months of the date of formation of the Association the Promoter shall transfer the Common Areas to such Association and its becoming operationalization for the acts relating Promoter shall handover the responsibility of maintenance of the Common Areas to the Association and the Association shall take over the control, management and administration of Common PurposesAreas. The cost Deposits, Sinking Fund/ Maintenance Deposit etc. if any paid/deposited by the allottees of such maintenance for a period of 12 months has been included the Project (including the Allottee herein) to the Promoter as envisaged in the Total Price as mentioned in clause 1.2.2 Said Sale Agreement, shall also be transferred by the Promoter to the said Association after adjustment of this agreementall dues of the allottees of the Project (if any). In case the formation and operationalization of the Association is delayed for no fault on the part of the Promoter, the Promoter shall provide and maintain the essential services in the said Project till the Association is formed and the Project is handed over to the Association and the Allottees shall be liable to pay to the Promoter or Facility Management Agency, the charges for such maintenance, property tax, common expenses and other outgoings in respect of the Allotted Said Apartment as mentioned in Part-I of the Sixth Schedule hereunder writtenAnd Appurtenances.
11.2 The Allottee acknowledges that providing and maintaining essential services is for the benefit of all the Allottees and as such it is desirable that a Facility Management Agency be appointed and in this regard the Allottee authorizes the Promoter to appoint a Facility Management Agency on such terms and conditions as the Promoter in its absolute discretion may deem fit and proper who shall remain responsible for providing and maintaining essential services.
11.3 The Allottee acknowledges that the Promoter shall be entitled to appoint a Facility Management Agency for providing and maintaining essential services on such terms and conditions as the Promoter in its absolute discretion may deem fit and proper and the Allottees shall be liable to make payment of an amount equivalent to 15% of the Maintenance Charges as service charges payable to such Facility Management Agency.
11.4 After formation of the Association of the Purchasers, the Association of the Allottees will take control of the Common Areas and shall remain liable for providing and maintaining the essential services.
Appears in 1 contract
Samples: Sale Agreement