OWNERSHIP ACT. 23.1 The Promoter has assured the Allottees that the project in its entirety is in accordance with the provisions of the West Bengal Apartment Ownership Act 1972 . The Promoter showing compliance of various laws/regulations as applicable in the said Act. 23.2 An Apartment Owners Apex Association (Holding Organisation)will be formed Upon completion of construction of the entire Project as the Promoter may deem fit and proper, the Promoter shall call upon the Allottees to hold a General Meeting wherein the Allottees present at the meeting shall approve and adopt the bye-laws for formation of the Apex Association and the Holding Organisation , as prepared and provided by the Promoter at such General Meeting , which shall be final and binding on all the Apartment Owners . When such Association will be formed, each Allottee shall automatically become a member . Until such Association is formed the Promoter shall be entitled to cause an Ad-hoc committee of the Apartment Owners to be formed and the initial members of the said Ad-hoc Committee shall be such of the Apartment Owners who may be nominated and/or selected by the Promoter. The Allottee grants all powers to the Builder and/or to its nominee for all matters related to and/or connected with the formation of the Apartment Owners Association. The Allottee undertake to join the Association and to pay any fees, charges thereof and complete such documentation and formalities as may be deemed necessary by the Promoter for this purpose. The detailed constitution and rules of the Association and/or the Committees as the case may be, shall be such as be decided by majority of its members subject however to the terms herein contained. . If the Allottee sells and/or disposes of his Apartment, he will have to notify to the Promoter/Association the name of the transferee and his address. Similarly the Transferee on his part shall after fulfilling the formalities as provided in the West Bengal Apartment Ownership Act notify the Promoter/Association about his ownership or interest as the case may be.of the Apartment in question. 23.3 The Promoter shall take the following steps to enable formation of an Association of Allottees under section 11(4)(e) of the Act:- a) with respect to a real estate project, the Promoter shall submit an application to the Registrar for registration of the Association of Allottees as a society under the West Bengal Apartment Ownership Act 1972 (as applicable to the state of West Bengal), within three months from the date on which the occupation certificate in respect of such project is issued and a minimum of fifty one per cent of the total Allottees in such a project have taken possession and the Promoter has received the full consideration from such Allottees. All the Allottees on payment of full consideration shall become members of such Association of Allottees formed by the Promoter. b) Notwithstanding any other rule, after conveying the title to the Association of Allottees under Section 17, the Promoter shall continue to have the rights and entitlement to advertise, market, book, sell or offer to sell or allot to person to purchase any apartment or building or plot which is still not sold or allotted and shall be deemed to have been allowed to do so by the Association of Allottees without any restriction or entry of the building and development of common areas. Provided further that , in such case, the Promoter shall be permitted the entry of premises of the Building and Common Areas to also discharge his obligations under provision of these presents. 23.4 The Promoter shall at an appropriate time (within maximum period of 3 months from the Deemed Date of Possession of the Apartments of the Project notify the detailed scheme of formation of the Apartment Owners’ Association to the Allottees so as to enable them to constitute/form such Owners Association as per local law .The Allottee shall whenever required by the Promoter provide specific Power of Attorney in favor of the Promoter for taking steps for formation of the Apartment Owners’ Association.
Appears in 2 contracts
Samples: Buyers Agreement, Agreement for Sale
OWNERSHIP ACT. 23.1 20.1 The Promoter has assured the Allottees that the project in its entirety is in accordance with the provisions of the West Bengal Apartment Ownership Act 1972 . The Promoter showing compliance of various laws/regulations as applicable in the said Act1972.
23.2 An Apartment Owners 20.2 A mother association of apartment owners of the Complex (“Apex Association (Holding Organisation)will Association”) will be formed Upon upon completion of construction of the entire Project Complex as the Promoter may deem fit and proper, and the Promoter shall call upon the Allottees to hold a General Meeting general meeting wherein the Allottees present at the meeting shall approve and adopt the bye-laws for formation of the Apex Association and the Holding Organisation Association, as prepared and provided by the Promoter at such General Meeting general meeting, which shall be final and binding on all the Apartment Owners Owners. When such Apex Association will be formed, each Allottee shall automatically become a member member. Until such Association is formed formed, the Promoter shall be entitled to cause an Ad-ad- hoc committee of the Apartment Owners apartment owners to be formed and the initial members of the said Adad-hoc Committee committee shall be such of the Apartment Owners apartment owners who may be nominated and/or selected by the Promoter. The Allottee grants all powers to the Builder Promoter and/or to its nominee for all matters related to and/or connected with the formation of the Apartment Owners Association of the Project and the Apex Association. The Allottee undertake undertakes to join the Association and the Apex Association and to pay any fees, charges thereof and complete such documentation and formalities as may be deemed necessary by the Promoter for this purpose. The detailed constitution and rules of the Association and/or the Committees as the case may be, shall be such as be decided by majority of its members subject however to the terms herein contained. Each Phase / Project out of the Complex will form its own Association. If the Allottee sells and/or disposes of his Apartment, he will have to notify to the Promoter/Association the name of the transferee and his address. Similarly the Transferee Allottees on his their part shall after fulfilling the formalities as provided in the West Bengal Apartment Ownership Act notify the Promoter/Association about his ownership or interest as the case may be.of be of the Apartment in question.
23.3 The Promoter shall take the following steps to enable formation of an Association of Allottees under section 11(4)(e) of the Act:-
a) with respect to a real estate project, the Promoter shall submit an application to the Registrar for registration of the Association of Allottees as a society under the West Bengal Apartment Ownership Act 1972 (as applicable to the state of West Bengal), within three months from the date on which the occupation certificate in respect of such project is issued and a minimum of fifty one per cent of the total Allottees in such a project have taken possession and the Promoter has received the full consideration from such Allottees. All the Allottees on payment of full consideration shall become members of such Association of Allottees formed by the Promoter.
b) Notwithstanding any other rule, after conveying the title to the Association of Allottees under Section 17, the Promoter shall continue to have the rights and entitlement to advertise, market, book, sell or offer to sell or allot to person to purchase any apartment or building or plot which is still not sold or allotted and shall be deemed to have been allowed to do so by the Association of Allottees without any restriction or entry of the building and development of common areas. Provided further that , in such case, the Promoter shall be permitted the entry of premises of the Building and Common Areas to also discharge his obligations under provision of these presents.
23.4 20.3 The Promoter shall at an appropriate time (preferably within maximum a period of 3 three months from the Deemed Date date of Possession possession of the Apartments apartments of the Project Project) notify the detailed scheme of formation of the Apartment Owners’ Association to the Allottees so as to enable them to constitute/form such Owners Association as per local law .The law. The Allottee shall whenever required by the Promoter provide specific Power of Attorney in favor of the Promoter and/or its nominees for taking steps for formation of the Apartment Owners’ Association.
20.4 Since this is a large complex containing several residential apartments, the completion and handover of possession shall be phase-wise.
20.5 Till such time the Apex Association is formed and the maintenance of all the building blocks/phases are handed over to the respective Associations, the Promoter shall look after the maintenance management in place and stead of the Apex Association. The Promoter may by itself or through its nominated agency manage the maintenance of the common areas/ common parts and facilities of the Complex preferably upto a maximum of six months from the date of possession of apartments of the last phase of the Complex or as per local law. This period shall be the interim maintenance period.
20.6 On completion of the construction of the Project, a notice will be given to the Association to take handover within 90 days. If the handover is not taken by the allottees within this period, the Promoter will charge supervision charges @ Re.1.00 per sq. ft. per month or 15% of the CAM expenses as fees, whichever is less, from the allottees from the expiry of 90 days till the period handover is taken by the Allottees / Association. If the Association does not take hand over of the common purposes even after 180 days from the date of notice, in such event the Promoter shall no longer be liable or responsible inter alia for the common purposes and any of the obligations pertaining to the same, which shall be deemed to stand vested in the Association on and from such date but so long as the Promoter continues to provide the services it will be entitled to the supervision charge of 15%.
20.7 Maintenance and common purposes of the individual Phase / Projects shall vest in the Association pertaining to that particular Phase and with regard to the maintenance and common purposes of the Complex, the ultimate power, authority and control of the maintenance shall vest absolutely with the Apex Association which will also be governed by a body of elected representatives (Governing Body).
20.8 In all matters of taking decision or of forming and applying and relaxing the rules and regulations, the decision of the Governing Body of the Apex Association shall be final and binding on the respective Applicants/Allottees and Associations.
20.9 In no event the Allottees shall be entitled to make any other Association, Body or Organization save as stated above.
20.10 The Allottees and the Associations shall have to sign and execute all papers, documents, declarations and applications for the purpose of formation and to do all necessary acts deeds and things.
20.11 The Promoter shall not in any manner be responsible and liable for maintenance of the common areas/ common parts and facilities of the Complex after handing over its charge to the Apex Association.
20.12 Without prejudice to the above, the Apex Association may appoint a Maintenance In-Charge or a professional Facility Management Company (FMC) for the purpose of maintenance of the Project/Complex or any part or portion thereof and for taking the responsibility of:
20.13 Controlling and/or remain in control of the common parts and portions of the Complex or any part/s or portion/s thereof;
20.14 Rendition of common services;
20.15 To receive realize and collect the service charges;
20.16 To remain responsible for such other functions as may be necessary;
20.17 The employees employed in the Project/Complex shall upon handing over of the common purposes to the Association, be absorbed by the Association. The employment, termination and fixation of scale of payment of all the permanent employees of the Project/Complex e.g. watchmen, security staff, liftmen, accountant, clerks shall be decided and finalized by the Association and the
20.18 The Apex Association shall synergize all the individual Associations and the formation of the Apex Association will be progressive and concurrent with the completion of the Complex including future phases. Till such time the Apex Association takes over the entire administration, the Allottees who have taken possession in completed phases will be required to pay the Common Expenses pertaining to their own phase as well as the Common Area Maintenance (CAM) expenses and common services of all common amenities which is as and when made available for the benefit, use and enjoyment of the Allottees of all phases of the entire complex towards maintenance of common pathways, infrastructure etc. and in this regard the Allottee is made aware that the said charges shall at all times be calculated on the basis of total expenses on amenities, club and common services divided by the area of all phases for which notice of possession has been issued by the Promoter (three months before) and by reason thereof the initial CAM charges may be relatively higher which may progressively become less as more and more Allottees take up possession in subsequent phases. The Apex Association will ultimately take over the administration of all the facilities and other common purposes as several service connections/facilities will be common to all the phases. It is further provided that till such time the Apex Association is formed, the Promoter shall act as the Apex Association and on the formation of the Apex Association, the Promoter shall withdraw itself from such role and hand over the responsibility to the new body. It is further provided that in case of completed phases/incomplete phases/ future extensions, the access rights and all other rights of easement etc. shall be provided by the Promoter to the Allottees of all phases mutually through the completed pathways passing through the completed phases and progressing to the incomplete phases and further phases.
20.19 Notwithstanding anything contained herein for the purpose of handing over to Association the Promotershall follow the local Act. 21 BINDING EFFECT
Appears in 1 contract
Samples: Sale Agreement
OWNERSHIP ACT. 23.1 The Promoter has assured the Allottees that the project in its entirety is in accordance with the provisions of the West Bengal Apartment Ownership Act 1972 . The Promoter showing compliance of various laws/regulations as applicable in the said Act.
23.2 An Apartment Owners Apex Association (Holding Organisation)will be formed Upon completion of construction of the entire Project as the Promoter may deem fit and proper, the Promoter shall call upon the Allottees to hold a General Meeting wherein the Allottees present at the meeting shall approve and adopt the bye-laws for formation of the Apex Association and the Holding Organisation , as prepared and provided by the Promoter at such General Meeting , which shall be final and binding on all the Apartment Owners Owners. When such Association will be formed, each Allottee shall automatically become a member . Until such Association is formed the Promoter shall be entitled to cause an Ad-hoc committee of the Apartment Owners to be formed and the initial members of the said Ad-hoc Committee shall be such of the Apartment Owners who may be nominated and/or selected by the Promoter. The Allottee grants all powers to the Builder and/or to its nominee for all matters related to and/or connected with the formation of the Apartment Owners Association. The Allottee undertake to join the Association and to pay any fees, charges thereof and complete such documentation and formalities as may be deemed necessary by the Promoter for this purpose. The detailed constitution and rules of the Association and/or the Committees as the case may be, shall be such as be decided by majority of its members subject however to the terms herein contained. Each Phase / Project out of the Housing Complex will form its own Association . If the Allottee sells and/or disposes of his Apartment, he will have to notify to the Promoter/Association the name of the transferee and his address. Similarly the Transferee on his part shall after fulfilling the formalities as provided in the West Bengal Apartment Ownership Act notify the Promoter/Association about his ownership or interest as the case may be.of the Apartment in question.
23.3 The Promoter shall take the following steps to enable formation of an Association of Allottees under section 11(4)(e) of the Act:-
a) with respect to a real estate project, the Promoter shall submit an application to the Registrar for registration of the Association of Allottees as a society under the West Bengal Apartment Ownership Act 1972 (as applicable to the state of West Bengal), within three months from the date on which the occupation certificate in respect of such project is issued and a minimum of fifty one per cent of the total Allottees in such a project have taken possession and the Promoter has received the full consideration from such Allottees. All the Allottees on payment of full consideration shall become members of such Association of Allottees formed by the Promoter.
b) Notwithstanding any other rule, after conveying the title to the Association of Allottees under Section 17, the Promoter shall continue to have the rights and entitlement to advertise, market, book, sell or offer to sell or allot to person to purchase any apartment or building or plot which is still not sold or allotted and shall be deemed to have been allowed to do so by the Association of Allottees without any restriction or entry of the building and development of common areas. Provided further that , in such case, the Promoter shall be permitted the entry of premises of the Building and Common Areas to also discharge his obligations under provision of these presents.
23.4 c) The Promoter shall at an appropriate time (within maximum period of 3 months from the Deemed Date of Possession of the Apartments of the Project notify the detailed scheme of formation of the Apartment Owners’ Association to the Allottees so as to enable them to constitute/form such Owners Association as per local law .The Allottee shall whenever required by the Promoter provide specific Power of Attorney in favor of the Promoter for taking steps for formation of the Apartment Owners’ Association.
23.4 Since this is a complex containing residential Apartments, where completion and handover of possession of the property means land, building, common areas and facilities of the project and such demarcation of land excluding the facilities and parts which are reserved by the Promoter is clearly stated herein.
23.5 In case two or more adjacent contiguous Unit blocks/ Phases/Projects intend to form a single Association, property means the land , building, common areas and facilities of all such blocks/ Phases combined, sharing of common facilities or arrangement in any or all phases shall always deemed to be a Facility Sharing arrangement.
23.6 There will be one Mother Association comprising of all the blocks of the housing complex as envisaged by the Promoter. Till such time the Apartment Owners Mother Association is formed and the Maintenance of all the Building Blocks are handed over to the respective Association, the Promoter shall look after the Maintenance in place and stead of the Mother Association the Promoter shall by itself or through its nominated . agency maintain the Common areas and Facilities of the Complex upto a maximum of 3 ( three) months from the Deemed date of Possession of Apartments of the last phase of the Complex. This period shall be the interim maintenance period.
23.7 On completion of the Construction in all respect, a notice will be given to the Association to take Handover within 90 days. If the handover is not taken by the allottees within this period, the Promoter will charge Supervision Charges @ Rs 0.50 P per sq. ft. per month or 15% of the CAM expenses as fees, whichever is less , from the allottees from the expiry of 90 days till the period handover is taken by the Allottees /Association. If the Association does not take hand over of the common purposes even after 180 days from the date of Notice in such event the Promoter shall no longer be liable or responsible inter alia for the Common purposes and any of the obligations pertaining to the same, which shall be deemed to stand vested in the Association on and from such date but so long as the Promoter continues to provide the services it will be entitled to the supervision charge of 15%.
23.8 Each Block/Phase shall elect a body of 3 members by way of election (hereinafter called ‘the Maintenance Body’).
23.9 All the members of the different Maintenance Bodies shall elect a President, Secretary and Treasurer (herein called Office Bearers of Maintenance Body) by way of election.
23.10 Maintenance and common purposes of the individual Phase/ Projects shall vest in the Association pertaining to that particular Phase and with regard to the Maintenance and Common Purposes of the entire Housing Complex, the ultimate power, authority and control of the Maintenance shall vest absolutely with the Maintenance Body under the overall guidance and control of the Mother Association which will also be governed by a body of elected representatives.
23.11 In all matters of taking decision or of forming and applying and relaxing the Rules and regulations, the decision of the Governing Body of the Association shall be final and binding on the respective Applicants/Allottees and also on the Maintenance Bodies.
23.12 In no event the Allottees shall be entitled to make any other Association, Body or Organization save as stated above.
23.13 The Allottees, the Office Bearers of the Associations and the Office Bearers of the Maintenance Body shall have to sign and execute all papers, documents, declarations and applications for the purpose of formation and to do all necessary acts deeds and things.
23.14 The Builder shall not in any manner be responsible and liable for maintenance of the common areas and facilities of the Complex after handing over its charge to the Mother/Apex Association.
23.15 Without prejudice to the above, the Association may appoint a Maintenance In-Charge or a professional Facility Management Company (FMC) for the purpose of maintenance of the Complex or any part or portion thereof and for taking the responsibility of:-
(a) Controlling and/or remain in control of the common parts and portions of the Complex or any part/s or portion/s thereof;
(b) Rendition of common services;
Appears in 1 contract
Samples: Agreement for Sale
OWNERSHIP ACT. 23.1 The Promoter has assured the Allottees that the project in its entirety is in accordance with the provisions of the West Bengal Apartment Ownership Act 1972 . The Promoter showing compliance of various laws/regulations as applicable in the said Act.
23.2 An Apartment Owners Apex Association (Holding Organisation)will be formed Upon completion of construction of the entire Project as the Promoter may deem fit and proper, the Promoter shall call upon the Allottees to hold a General Meeting wherein the Allottees present at the meeting shall approve and adopt the bye-laws for formation of the Apex Association and the Holding Organisation , as prepared and provided by the Promoter at such General Meeting , which shall be final and binding on all the Apartment Owners . When such Association will be formed, each Allottee shall automatically become a member . Until such Association is formed the Promoter shall be entitled to cause an Ad-hoc committee of the Apartment Owners to be formed and the initial members of the said Ad-hoc Committee shall be such of the Apartment Owners who may be nominated and/or selected by the Promoter. The Allottee grants all powers to the Builder and/or to its nominee for all matters related to and/or connected with the formation of the Apartment Owners Association. The Allottee undertake to join the Association and to pay any fees, charges thereof and complete such documentation and formalities as may be deemed necessary by the Promoter for this purpose. The detailed constitution and rules of the Association and/or the Committees as the case may be, shall be such as be decided by majority of its members subject however to the terms herein contained. Each Phase / Project out of the Housing Complex will form its own Association . If the Allottee sells and/or disposes of his Apartment, he will have to notify to the Promoter/Association the name of the transferee and his address. Similarly the Transferee on his part shall after fulfilling the formalities as provided in the West Bengal Apartment Ownership Act notify the Promoter/Association about his ownership or interest as the case may be.of the Apartment in question.
23.3 The Promoter shall take the following steps to enable formation of an Association of Allottees under section 11(4)(e) of the Act:-
a) with respect to a real estate project, the Promoter shall submit an application to the Registrar for registration of the Association of Allottees as a society under the West Bengal Apartment Ownership Act 1972 (as applicable to the state of West Bengal), within three months from the date on which the occupation certificate in respect of such project is issued and a minimum of fifty one per cent of the total Allottees in such a project have taken possession and the Promoter has received the full consideration from such Allottees. All the Allottees on payment of full consideration shall become members of such Association of Allottees formed by the Promoter.
b) Notwithstanding any other rule, after conveying the title to the Association of Allottees under Section 17, the Promoter shall continue to have the rights and entitlement to advertise, market, book, sell or offer to sell or allot to person to purchase any apartment or building or plot which is still not sold or allotted and shall be deemed to have been allowed to do so by the Association of Allottees without any restriction or entry of the building and development of common areas. Provided further that , in such case, the Promoter shall be permitted the entry of premises of the Building and Common Areas to also discharge his obligations under provision of these presents.
23.4 c) The Promoter shall at an appropriate time (within maximum period of 3 months from the Deemed Date of Possession of the Apartments of the Project notify the detailed scheme of formation of the Apartment Owners’ Association to the Allottees so as to enable them to constitute/form such Owners Association as per local law .The Allottee shall whenever required by the Promoter provide specific Power of Attorney in favor of the Promoter for taking steps for formation of the Apartment Owners’ Association.
23.4 Since this is a large complex containing residential Apartments, where completion and handover of possession is phase-wise the property means land, building, common areas and facilities of the particular phase and such demarcation of land excluding the facilities and parts which are reserved by the Promoter is clearly stated herein.
23.5 In case two or more adjacent contiguous Unit blocks/ Phases/Projects intend to form a single Association, property means the land , building, common areas and facilities of all such blocks/ Phases combined, sharing of common facilities or arrangement in any or all phases shall always deemed to be a Facility Sharing arrangement.
23.6 There will be one Mother Association comprising of all the phases/projects of the housing complex as envisaged by the Promoter. Till such time the Apartment Owners Mother Association is formed and the Maintenance of all the Building Blocks/Phases are handed over to the respective Association, the Promoter shall look after the Maintenance in place and stead of the Mother Association . The Promoter shall by itself or through its nominated agency maintain the Common areas and Facilities of the Complex upto a maximum of 3 ( three) months from the Deemed date of Possession of Apartments of the last phase of the Complex. This period shall be the interim maintenance period.
23.7 On completion of the Construction in all respect, a notice will be given to the Association to take Handover within 90 days. If the handover is not taken by the allottees within this period, the Promoter will charge Supervision Charges @ Rs 0.50 P per sq. ft. per month or 15% of the CAM expenses as fees, whichever is less , from the allottees from the expiry of 90 days till the period handover is taken by the Allottees /Association. If the Association does not take hand over of the common purposes even after 180 days from the date of Notice in such event the Promoter shall no longer be liable or responsible inter alia for the Common purposes and any of the obligations pertaining to the same, which shall be deemed to stand vested in the Association on and from such date but so long as the Promoter continues to provide the services it will be entitled to the supervision charge of 15%.
23.8 Each Block/Phase shall elect a body of 3 members by way of election (hereinafter called ‘the Maintenance Body’).
23.9 All the members of the different Maintenance Bodies shall elect a President, Secretary and Treasurer (herein called Office Bearers of Maintenance Body) by way of election.
23.10 Maintenance and common purposes of the individual Phase/ Projects shall vest in the Association pertaining to that particular Phase and with regard to the Maintenance and Common Purposes of the entire Housing Complex, the ultimate power, authority and control of the Maintenance shall vest absolutely with the Maintenance Body under the overall guidance and control of the Mother Association which will also be governed by a body of elected representatives.
23.11 In all matters of taking decision or of forming and applying and relaxing the Rules and regulations, the decision of the Governing Body of the Association shall be final and binding on the respective Applicants/Allottees and also on the Maintenance Bodies.
23.12 In no event the Allottees shall be entitled to make any other Association, Body or Organization save as stated above.
23.13 The Allottees, the Office Bearers of the Associations and the Office Bearers of the Maintenance Body shall have to sign and execute all papers, documents, declarations and applications for the purpose of formation and to do all necessary acts deeds and things.
23.14 The Builder shall not in any manner be responsible and liable for maintenance of the common areas and facilities of the Complex after handing over its charge to the Mother/Apex Association.
23.15 Without prejudice to the above, the Association may appoint a Maintenance In-Charge or a professional Facility Management Company (FMC) for the purpose of maintenance of the Complex or any part or portion thereof and for taking the responsibility of:-
(a) Controlling and/or remain in control of the common parts and portions of the Complex or any part/s or portion/s thereof;
(b) Rendition of common services;
Appears in 1 contract
Samples: Agreement for Sale
OWNERSHIP ACT. 23.1 20.1 The Promoter has assured the Allottees that the project in its entirety is in accordance with the provisions of the West Bengal Apartment Ownership Act 1972 . The Promoter showing compliance of various laws/regulations as applicable in the said Act1972.
23.2 An Apartment Owners 20.2 A mother association of apartment owners of the Complex (“Apex Association (Holding Organisation)will Association”) will be formed Upon upon completion of construction of the entire Project Complex as the Promoter may deem fit and proper, and the Promoter shall call upon the Allottees to hold a General Meeting general meeting wherein the Allottees present at the meeting shall approve and adopt the bye-laws for formation of the Apex Association and the Holding Organisation Association, as prepared and provided by the Promoter at such General Meeting general meeting, which shall be final and binding on all the Apartment Owners Owners. When such Apex Association will be formed, each Allottee shall automatically become a member member. Until such Association is formed formed, the Promoter shall be entitled to cause an Adad-hoc committee of the Apartment Owners apartment owners to be formed and the initial members of the said Adad-hoc Committee committee shall be such of the Apartment Owners apartment owners who may be nominated and/or selected by the Promoter. The Allottee grants all powers to the Builder Promoter and/or to its nominee for all matters related to and/or connected with the formation of the Apartment Owners Association of the Project and the Apex Association. The Allottee undertake undertakes to join the Association and the Apex Association and to pay any fees, charges thereof and complete such documentation and formalities as may be deemed necessary by the Promoter for this purpose. The detailed constitution and rules of the Association and/or the Committees as the case may be, shall be such as be decided by majority of its members subject however to the terms herein contained. Each Phase / Project out of the Complex will form its own Association. If the Allottee sells and/or disposes of his Apartment, he will have to notify to the Promoter/Association the name of the transferee and his address. Similarly the Transferee Allottees on his their part shall after fulfilling the formalities as provided in the West Bengal Apartment Ownership Act notify the Promoter/Association about his ownership or interest as the case may be.of be of the Apartment in question.
23.3 The Promoter shall take the following steps to enable formation of an Association of Allottees under section 11(4)(e) of the Act:-
a) with respect to a real estate project, the Promoter shall submit an application to the Registrar for registration of the Association of Allottees as a society under the West Bengal Apartment Ownership Act 1972 (as applicable to the state of West Bengal), within three months from the date on which the occupation certificate in respect of such project is issued and a minimum of fifty one per cent of the total Allottees in such a project have taken possession and the Promoter has received the full consideration from such Allottees. All the Allottees on payment of full consideration shall become members of such Association of Allottees formed by the Promoter.
b) Notwithstanding any other rule, after conveying the title to the Association of Allottees under Section 17, the Promoter shall continue to have the rights and entitlement to advertise, market, book, sell or offer to sell or allot to person to purchase any apartment or building or plot which is still not sold or allotted and shall be deemed to have been allowed to do so by the Association of Allottees without any restriction or entry of the building and development of common areas. Provided further that , in such case, the Promoter shall be permitted the entry of premises of the Building and Common Areas to also discharge his obligations under provision of these presents.
23.4 20.3 The Promoter shall at an appropriate time (preferably within maximum a period of 3 three months from the Deemed Date date of
20.4 Since this is a large complex containing several residential apartments, the completion and handover of Possession possession shall be phase-wise.
20.5 Till such time the Apex Association is formed and the maintenance of all the building blocks/phases are handed over to the respective Associations, the Promoter shall look after the maintenance management in place and stead of the Apartments Apex Association. The Promoter may by itself or through its nominated agency manage the maintenance of the Project notify common areas/ common parts and facilities of the detailed scheme Complex preferably upto a maximum of six months from the date of possession of apartments of the last phase of the Complex or as per local law. This period shall be the interim maintenance period.
20.6 On completion of the construction of the Project, a notice will be given to the Association to take handover within 90 days. If the handover is not taken by the allottees within this period, the Promoter will charge supervision charges @ Re.1.00 per sq. ft. per month or 15% of the CAM expenses as fees, whichever is less, from the allottees from the expiry of 90 days till the period handover is taken by the Allottees / Association. If the Association does not take hand over of the common purposes even after 180 days from the date of notice, in such event the Promoter shall no longer be liable or responsible inter alia for the common purposes and any of the obligations pertaining to the same, which shall be deemed to stand vested in the Association on and from such date but so long as the Promoter continues to provide the services it will be entitled to the supervision charge of 15%.
20.7 Maintenance and common purposes of the individual Phase / Projects shall vest in the Association pertaining to that particular Phase and with regard to the maintenance and common purposes of the Complex, the ultimate power, authority and control of the maintenance shall vest absolutely with the Apex Association which will also be governed by a body of elected representatives (Governing Body).
20.8 In all matters of taking decision or of forming and applying and relaxing the rules and regulations, the decision of the Governing Body of the Apex Association shall be final and binding on the respective Applicants/Allottees and Associations.
20.9 In no event the Allottees shall be entitled to make any other Association, Body or Organization save as stated above.
20.10 The Allottees and the Associations shall have to sign and execute all papers, documents, declarations and applications for the purpose of formation and to do all necessary acts deeds and things.
20.11 The Promoter shall not in any manner be responsible and liable for maintenance of the common areas/ common parts and facilities of the Complex after handing over its charge to the Apex Association.
20.12 Without prejudice to the above, the Apex Association may appoint a Maintenance In-Charge or a professional Facility Management Company (FMC) for the purpose of maintenance of the Project/Complex or any part or portion thereof and for taking the responsibility of:
20.13 Controlling and/or remain in control of the common parts and portions of the Complex or any part/s or portion/s thereof;
20.14 Rendition of common services;
20.15 To receive realize and collect the service charges;
20.16 To remain responsible for such other functions as may be necessary;
20.17 The employees employed in the Project/Complex shall upon handing over of the common purposes to the Association, be absorbed by the Association. The employment, termination and fixation of scale of payment of all the permanent employees of the Project/Complex e.g. watchmen, security staff, liftmen, accountant, clerks shall be decided and finalized by the Association and the Allottees shall not be entitled to raise any objection thereto and shall be deemed to have consented to the same.
20.18 The Apex Association shall synergize all the individual Associations and the formation of the Apartment Owners’ Apex Association will be progressive and concurrent with the completion of the Complex including future phases. Till such time the Apex Association takes over the entire administration, the Allottees who have taken possession in completed phases will be required to pay the Common Expenses pertaining to their own phase as well as the Common Area Maintenance (CAM) expenses and common services of all common amenities and Club which is as and when made available for the benefit, use and enjoyment of the Allottees of all phases of the entire complex towards maintenance of common pathways, infrastructure etc. and in this regard the Allottee is made aware that the said charges shall at all times be calculated on the basis of total expenses on amenities, club and common services divided by the area of all phases for which notice of possession has been issued by the Promoter (three months before) and by reason thereof the initial CAM charges may be relatively higher which may progressively become less as more and more Allottees take up possession in subsequent phases. The Apex Association will ultimately take over the administration of all the facilities and other common purposes as several service connections/facilities will be common to all the phases. It is further provided that till such time the Apex Association is formed, the Promoter shall act as the Apex Association and on the formation of the Apex Association, the Promoter shall withdraw itself from such role and hand over the responsibility to the new body. It is further provided that in case of completed phases/incomplete phases/ future extensions, the access rights and all other rights of easement etc. shall be provided by the Promoter to the Allottees so as of all phases mutually through the completed pathways passing through the completed phases and progressing to enable them the incomplete phases and further phases.
20.19 Notwithstanding anything contained herein for the purpose of handing over to constitute/form such Owners Association as per local law .The Allottee shall whenever required by the Promoter provide specific Power of Attorney in favor of shall follow the Promoter for taking steps for formation of the Apartment Owners’ Associationlocal Act.
Appears in 1 contract
Samples: Agreement for Sale
OWNERSHIP ACT. 23.1 The Promoter has assured the Allottees that the project in its entirety is in accordance with the provisions of the West Bengal Apartment Ownership Act 1972 . The Promoter showing compliance of various laws/regulations as applicable in the said Act.
23.2 . An Apartment Owners Apex Association (Holding Organisation)will Organization)will be formed Upon completion of construction of the entire Entire Project as the Promoter may deem fit and proper, the Promoter shall call upon the Allottees to hold a General Meeting wherein the Allottees present at the meeting shall approve and adopt the bye-laws for formation of the Apex Association and the Holding Organisation , as prepared and provided by the Promoter at such General Meeting , which shall be final and binding on all the Apartment Owners . When such Association will be formed, each Allottee shall automatically become a member . Until such Association is formed the Promoter shall be entitled to cause an Ad-hoc committee of the Apartment Owners to be formed and the initial members of the said Ad-hoc Committee shall be such of the Apartment Owners who may be nominated and/or selected by the Promoter. The Allottee grants all powers to the Builder and/or to its nominee for all matters related to and/or connected with the formation of the Apartment Owners Association. The Allottee undertake undertakes to join the Association and to pay any fees, charges thereof and complete such documentation and formalities as may be deemed necessary by the Promoter for this purpose. The detailed constitution and rules of the Association and/or the Committees as the case may be, shall be such as be decided by majority of its members subject however to the terms herein contained. Each Phase / Project out of the Housing Complex will form its own Association . If the Allottee sells and/or disposes of his Apartment, he will have to notify to the Promoter/Association the name of the transferee and his address. Similarly the Transferee on his part shall after fulfilling the formalities as provided in the West Bengal Apartment Ownership Act notify the Promoter/Association about his ownership or interest as the case may be.of be of the Apartment in question.
23.3 The question particular phase and such demarcation of land excluding the facilities and parts which are reserved by the Promoter is clearly stated herein. In case two or more adjacent contiguous Unit blocks/ Phases/Projects intend to form a single Association, property means the land , building, common areas and facilities of all such blocks/ Phases combined, sharing of common facilities or arrangement in any or all phases shall take always deemed to be a Facility Sharing arrangement. There will be one Mother Association comprising of all the following steps to enable formation of an Association of Allottees under section 11(4)(e) phases/projects of the Act:-
a) with respect housing complex as envisaged by the Promoter. Till such time the Apartment Owners Mother Association is formed and the Maintenance of all the Building Blocks/Phases are handed over to a real estate projectthe respective Association, the Promoter shall submit an application to look after the Registrar for registration Maintenance in place and stead of the Mother Association . The Promoter shall by itself or through its nominated agency maintain the Common areas and Facilities of Allottees as the Complex upto a society under the West Bengal Apartment Ownership Act 1972 (as applicable to the state maximum of West Bengal), within three 3 ( three) months from the Deemed date on which the occupation certificate in respect of such project is issued and a minimum Possession of fifty one per cent Apartments of the total Allottees last phase of the Complex. This period shall be the interim maintenance period. On completion of the Construction in such all respect, a project have taken possession and the Promoter has received the full consideration from such Allottees. All the Allottees on payment of full consideration shall become members of such Association of Allottees formed by the Promoter.
b) Notwithstanding any other rule, after conveying the title notice will be given to the Association of Allottees under Section 17to take Handover within 90 days. If the handover is not taken by the allottees within this period, the Promoter will charge Supervision Charges @ Rs 0.50 P per sq. ft. per month or 15% of the CAM expenses as fees, whichever is less , from the allottees from the expiry of 90 days till the period handover is taken by the Allottees /Association. If the Association does not take hand over of the common purposes even after 180 days from the date of Notice in such event the Promoter shall continue no longer be liable or responsible inter alia for the Common purposes and any of the obligations pertaining to have the rights and entitlement to advertisesame, market, book, sell or offer to sell or allot to person to purchase any apartment or building or plot which is still not sold or allotted and shall be deemed to stand vested in the Association on and from such date but so long as the Promoter continues to provide the services it will be entitled to the supervision charge of 15%. Maintenance and common purposes of the individual Phase/ Projects shall vest in the Association pertaining to that particular Phase and with regard to the Maintenance and Common Purposes of the entire Housing Complex, the ultimate power, authority and control of the Maintenance shall vest absolutely with the Maintenance Body under the overall guidance and control of the Mother Association which will also be governed by a body of elected representatives. In all matters of taking decision or of forming and applying and relaxing the Rules and regulations, the decision of the Governing Body of the Association shall be final and binding on the respective Applicants/Allottees and also on the Maintenance Bodies. In no event the Allottees shall be entitled to make any other Association, Body or Organization save as stated above. The Allottees, the Office Bearers of the Associations and the Office Bearers of the Maintenance Body shall have been allowed to sign and execute all papers, documents, declarations and applications for the purpose of formation and to do so by all necessary acts deeds and things. The Builder shall not in any manner be responsible and liable for maintenance of the common areas and facilities of the Complex after handing over its charge to the Mother/Apex Association. Without prejudice to the above, the Association may appoint a Maintenance In-Charge or a professional Facility Management Company (FMC) for the purpose of Allottees without any restriction or entry maintenance of the building Complex or any part or portion thereof and development for taking the responsibility of:-
(a) Controlling and/or remain in control of the common parts and portions of the Complex or any part/s or portion/s thereof;
(b) Rendition of common areas. Provided further that , in such case, the Promoter shall be permitted the entry of premises of the Building and Common Areas to also discharge his obligations under provision of these presents.
23.4 The Promoter shall at an appropriate time (within maximum period of 3 months from the Deemed Date of Possession of the Apartments of the Project notify the detailed scheme of formation of the Apartment Owners’ Association to the Allottees so as to enable them to constitute/form such Owners Association as per local law .The Allottee shall whenever required by the Promoter provide specific Power of Attorney in favor of the Promoter for taking steps for formation of the Apartment Owners’ Association.services;
Appears in 1 contract
Samples: Sale Agreement
OWNERSHIP ACT. 23.1 The Promoter Owners/Promoters has assured the Allottees Allotteess that the project in its entirety is in accordance with the provisions of the West Bengal Apartment Ownership Act 1972 . Act, 1972, The Promoter Owners/Promoters showing compliance of various laws/laws/ regulations as applicable in the said Act.
23.2 . An Apartment Owners Apex Association (Holding Organisation)will be formed Upon completion of construction of the entire Housing complex/Project as the Promoter Owners/Promoters may deem fit and proper, the Promoter Owners/Promoters shall call upon the Allottees to hold a General Meeting wherein the Allottees present at the meeting shall approve and adopt the bye-laws for formation of the Apex Association and the Holding Organisation Organisation, as prepared and provided by the Promoter Owners/Promoters at such General Meeting Meeting, which shall be final and binding on all the Apartment Owners Owners. When such Association will would be formed, each Allottee shall automatically become a member member. Until such Association is formed the Promoter Owners/Promoters shall be entitled to cause an Ad-hoc committee of the Apartment Owners to be formed and the initial members of the said Ad-hoc Committee shall be such of the Apartment Owners who may be nominated and/or selected by the PromoterOwners/Promoters. The Allottee grants all powers to the Builder and/or to its nominee for all matters related to and/or connected with the formation of the Apartment Owners Association. The Allottee undertake to join the Association and to pay any fees, charges thereof and complete such documentation and formalities as may be deemed necessary by the Promoter Owners/Promoters for this purpose. The detailed constitution and rules of the Association and/or the Committees as the case may be, shall be such as be decided by majority of its members subject however to the terms herein contained. . If the Allottee sells and/or disposes of his Apartment, he will have to notify to the PromoterOwners/Promoters/Association the name of the transferee and his address. Similarly the Transferee on his part shall after fulfilling the formalities as provided in the West Bengal Apartment Ownership Act notify the PromoterOwners/Promoters/Association about his ownership or interest as the case may be.of beof the Apartment in question.
23.3 The Promoter shall take the following steps to enable formation of an Association of Allottees under section 11(4)(e) of the Act:-
a) with respect to a real estate project, the Promoter shall submit an application to the Registrar for registration of the Association of Allottees as a society under the West Bengal Apartment Ownership Act 1972 (as applicable to the state of West Bengal), within three months from the date on which the occupation certificate in respect of such project is issued and a minimum of fifty one per cent of the total Allottees in such a project have taken possession and the Promoter has received the full consideration from such Allottees. All the Allottees on payment of full consideration shall become members of such Association of Allottees formed by the Promoter.
b) Notwithstanding any other rule, after conveying the title to the Association of Allottees under Section 17, the Promoter shall continue to have the rights and entitlement to advertise, market, book, sell or offer to sell or allot to person to purchase any apartment or building or plot which is still not sold or allotted and shall be deemed to have been allowed to do so by the Association of Allottees without any restriction or entry of the building and development of common areas. Provided further that , in such case, the Promoter shall be permitted the entry of premises of the Building and Common Areas to also discharge his obligations under provision of these presents.
23.4 The Promoter shall at an appropriate time (within maximum period of 3 months from the Deemed Date of Possession of the Apartments of the Project notify the detailed scheme of formation of the Apartment Owners’ Association to the Allottees so as to enable them to constitute/form such Owners Association as per local law .The Allottee shall whenever required by the Promoter provide specific Power of Attorney in favor of the Promoter for taking steps for formation of the Apartment Owners’ Association.
Appears in 1 contract
Samples: Sale Agreement
OWNERSHIP ACT. 23.1 20.1 The Promoter has assured the Allottees that the project in its entirety is in accordance with the provisions of the West Bengal Apartment Ownership Act 1972 . The Promoter showing compliance of various laws/regulations as applicable in the said Act1972.
23.2 An Apartment Owners 20.2 A mother association of apartment owners of the Complex (“Apex Association (Holding Organisation)will Association”) will be formed Upon upon completion of construction of the entire Project Complex as the Promoter may deem fit and proper, and the Promoter shall call upon the Allottees to hold a General Meeting general meeting wherein the Allottees present at the meeting shall approve and adopt the bye-laws for formation of the Apex Association and the Holding Organisation Association, as prepared and provided by the Promoter at such General Meeting general meeting, which shall be final and binding on all the Apartment Owners Owners. When such Apex Association will be formed, each Allottee shall automatically become a member member. Until such Association is formed formed, the Promoter shall be entitled to cause an Adad-hoc committee of the Apartment Owners to be formed and the initial members of the said Ad-hoc Committee shall be such of the Apartment Owners who may be nominated and/or selected by the Promoter. The Allottee grants all powers to the Builder and/or to its nominee for all matters related to and/or connected with the formation of the Apartment Owners Association. The Allottee undertake to join the Association and to pay any fees, charges thereof and complete such documentation and formalities as may be deemed necessary by the Promoter for this purpose. The detailed constitution and rules of the Association and/or the Committees as the case may be, shall be such as be decided by majority of its members subject however to the terms herein contained. . If the Allottee sells and/or disposes of his Apartment, he will have to notify to the Promoter/Association the name of the transferee and his address. Similarly the Transferee on his part shall after fulfilling the formalities as provided in the West Bengal Apartment Ownership Act notify the Promoter/Association about his ownership or interest as the case may be.of the Apartment in question.committee
23.3 The Promoter shall take the following steps to enable formation of an Association of Allottees under section 11(4)(e) of the Act:-
a) with respect to a real estate project, the Promoter shall submit an application to the Registrar for registration of the Association of Allottees as a society under the West Bengal Apartment Ownership Act 1972 (as applicable to the state of West Bengal), within three months from the date on which the occupation certificate in respect of such project is issued and a minimum of fifty one per cent of the total Allottees in such a project have taken possession and the Promoter has received the full consideration from such Allottees. All the Allottees on payment of full consideration shall become members of such Association of Allottees formed by the Promoter.
b) Notwithstanding any other rule, after conveying the title to the Association of Allottees under Section 17, the Promoter shall continue to have the rights and entitlement to advertise, market, book, sell or offer to sell or allot to person to purchase any apartment or building or plot which is still not sold or allotted and shall be deemed to have been allowed to do so by the Association of Allottees without any restriction or entry of the building and development of common areas. Provided further that , in such case, the Promoter shall be permitted the entry of premises of the Building and Common Areas to also discharge his obligations under provision of these presents.
23.4 20.3 The Promoter shall at an appropriate time (preferably within maximum a period of 3 three months from the Deemed Date date of Possession possession of the Apartments apartments of the Project Project) notify the detailed scheme of formation of the Apartment Owners’ Association to the Allottees so as to enable them to constitute/form such Owners Association as per local law .The law. The Allottee shall whenever required by the Promoter provide specific Power of Attorney in favor of the Promoter and/or its nominees for taking steps for formation of the Apartment Owners’ Association.
20.4 Since this is a large complex containing several residential apartments, the completion and handover of possession shall be phase-wise.
20.5 Till such time the Apex Association is formed and the maintenance of all the building blocks/phases are handed over to the respective Associations, the Promoter shall look after the maintenance management in place and stead of the Apex Association. The Promoter may by itself or through its nominated agency manage the maintenance of the common areas/ common parts and facilities of the Complex preferably upto a maximum of six months from the date of possession of apartments of the last phase of the Complex or as per local law. This period shall be the interim maintenance period.
20.6 On completion of the construction of the Project, a notice will be given to the Association to take handover within 90 days. If the handover is not taken by the allottees within this period, the Promoter will charge supervision charges @ Re.1.00 per sq. ft. per month or 15% of the CAM expenses as fees, whichever is less, from the allottees from the expiry of 90 days till the period handover is taken by the Allottees / Association. If the Association does not take hand over of the common purposes even after 180 days from the date of notice, in such event the Promoter shall no longer be liable or responsible inter alia for the common purposes and any of the obligations pertaining to the same, which shall be deemed to stand vested in the Association on and from such date but so long as the Promoter continues to provide the services it will be entitled to the supervision charge of 15%.
20.7 Maintenance and common purposes of the individual Phase / Projects shall vest in the Association pertaining to that particular Phase and with regard to the maintenance and common purposes of the Complex, the ultimate power, authority and control of the maintenance shall vest absolutely with the Apex Association which will also be governed by a body of elected representatives (Governing Body).
20.8 In all matters of taking decision or of forming and applying and relaxing the rules and regulations, the decision of the Governing Body of the Apex Association shall be final and binding on the respective Applicants/Allottees and Associations.
20.9 In no event the Allottees shall be entitled to make any other Association, Body or Organization save as stated above.
20.10 The Allottees and the Associations shall have to sign and execute all papers, documents, declarations and applications for the purpose of formation and to do all necessary acts deeds and things.
20.11 The Promoter shall not in any manner be responsible and liable for maintenance of the common areas/ common parts and facilities of the Complex after handing over its charge to the Apex Association.
20.12 Without prejudice to the above, the Apex Association may appoint a Maintenance In-Charge or a professional Facility Management Company (FMC) for the purpose of maintenance of the Project/Complex or any part or portion thereof and for taking the responsibility of:
20.13 Controlling and/or remain in control of the common parts and portions of the Complex or any part/s or portion/s thereof;
20.14 Rendition of common services;
20.15 To receive realize and collect the service charges;
20.16 To remain responsible for such other functions as may be necessary;
20.17 The employees employed in the Project/Complex shall upon handing over of the common purposes to the Association, be absorbed by the Association. The employment, termination and fixation of scale of payment of all the permanent employees of the Project/Complex e.g. watchmen, security staff, liftmen, accountant, clerks shall be decided and finalized by the Association and the Allottees shall not be entitled to raise any objection thereto and shall be deemed to have consented to the same.
20.18 The Apex Association shall synergize all the individual Associations and the formation of the Apex Association will be progressive and concurrent with the completion of the Complex including future phases. Tillsuch time the Apex Association takes over the entire administration, the Allottees who have taken possession in completed phases will be required to pay the Common Expenses pertaining to their own phase as well as the Common Area Maintenance (CAM) expenses and common services of all common amenities which is as and when made available for the benefit, use and enjoyment of the Allottees of all phases of the entire complex towards maintenance of common pathways, infrastructure etc. and in this regard the Allottee is made aware that the said charges shall at all times be calculated on the basis of total expenses on amenities, club and common services divided by the area of all phases for which notice of possession has been issued by the Promoter (three months before) and by reason thereof the initial CAM charges may be relatively higher which may progressively become less as more and more Allottees take up possession in subsequent phases. The Apex Association will ultimately take over the administration of all the facilities and other common purposes as several service connections/facilities will be common to all the phases. It is further provided that till such time the Apex Association is formed, the Promoter shall act as the Apex Association and on the formation of the Apex Association, the Promoter shall withdraw itself from such role and hand over the responsibility to the new body. It is further provided that in case of completed phases/incomplete phases/ future extensions, the access rights and all other rights of easement etc. shall be provided by the Promoter to the Allottees of all phases mutually through the completed pathways passing through the completed phases and progressing to the incomplete phases and further phases.
20.19 Notwithstanding anything contained herein for the purpose of handing over to Association the Promotershall follow the local Act. 21 BINDING EFFECT
Appears in 1 contract
Samples: Sale Agreement
