1. Name of the association of allottees.

-(1) The name of the association of

allottees shall be ………………………………………………….
(2) The registered office of the association of allottees shall be
at…………………………………………………….in………………………………………
…….
2. Definitions.- (1) In these bye- Laws, unless the context otherwise requires.-
(a) “Act” means the Odisha Apartment (Ownership and Management) Act, 2023
(Odisha Act 8 of 2023)
(b) “allottee” means an allottee as defined in the Act;
(c) “association of allottees” means an association of allottees as defined in the
Act;
(d) “authority” means the Odisha Real Estate Regulatory Authority established
under sub-section (1) of section 20;
(e) ‘Executive Committee’ means the committee consisting of the President, Vice-
President, Secretary, Treasurer and three executive members who shall be elected
in accordance with these bye-laws and shall be responsible for day-to-day
management of the association of allottees;
(f) “Extra-ordinary resolution” means a resolution passed by general body
meeting with the consent of ninety percent of total members of the association of
allottees;
(g) “general body” means all the members of the association of allotees;
(h) “member" in relation to the project concerned, means a person to whom
apartment or building, as the case may be, has been allotted, sold or otherwise
transferred by the promoter in accordance with the provisions of the RE(R&D) Act,
but does not include a person to whom such, apartment or building, as the case may
be, is given on rent;
(i) ‘majority’ means fifty one percent of the members present in person;34
(j) “ordinary resolution” means a resolution passed with the consent of fifty-one
percent of the members of the association of allottees;
(k) “RE(R&D) Act” means the Real Estate (Regulation and Development) Act,2016
(16 of 2016);
(l) “reserved matters” means the list of matters, decisions in respect of which can
be taken only in an Extra-ordinary general body meeting of the members held in
accordance with these bye-laws such as, —
(a) to amend the bye-laws of association of allottes;
(b) decision regarding dissolution of the association of allottees; and
(c) matters pertaining to Section 9, Section 15 and Section 30 of the Act; and
(m) 'special resolution’ means a resolution passed by the members, with two
third votes in favour of resolution.
(2) Words and expressions used in these bye-laws, but not defined herein above,
but defined in the RE (R&D) Act shall have the same
meaning respectively assigned to them in the Act.
3. Aims and objective of the association of allottees.
- The association of
allottee is established in pursuance of the provisions of the RE(R&D) Act and the Act
shall carry out the following objectives, namely:-
(a)to ensure the entitlements of all allottees as provided under the RE (R&D) Act
and the rules made there under;
(b) impose and collect the share of the common expenses from the apartment
owners;
(c) provide for maintenance, repair and replacement of common areas and
facilities;
(d) impose such restrictions in the requirements relating to use and maintenance
of the apartments and the use of common areas and facilities not set forth in the
declaration, as are designed to prevent unreasonable interference with the use of the
respective apartment and of the common areas and facilities by the several
apartment owners;
(e) keep the financial records and book of Accounts;
(f) retain and rent out on license, suitable portions of the common areas and
facilities to non-residents for commercial purpose, if all the members agree and give
written consent after obtaining the permission of the competent authority and to
distribute the resulting proceeds to the apartment owners or application thereof in
reduction of the common charges for maintaining the buildings or to accumulate the
same for making a reserve fund, to be used for major repairs of the
buildings;35
(g) designation and removal of persons employed for the maintenance, repair
and replacement of the common areas and facilities;
(h) the income and/or Funds/deposit of the association of allottees, if any, shall be
utilised only for the objectives of the association of allottees;
(i) carry-out socio-cultural or recreational activities with individual/institution for
the benefit of the apartment owners; and
(j) frame procedure for the method of adopting and amending administrative
rules and regulations governing the details of operation and use common areas and
facilities.
(k) Frame such regulation and issue guidelines as may be required for day to
day smooth management and functioning of the Apartments.
4. Membership of the association of allottees.- (1) All allottees of the project
in whose favour allotment letter has been issued by the promoter shall become
members of the association of allotteesand each such member shall pay fee of
Rs.100/- ( one hundred rupees) as entry fees towards such membership.
(2) No person other than the allottee shall be entitled to become a member of
the association of allottees.
(3) Each member may receive a copy of the bye-laws on payment of Rs.3/-
(Rupees three only) for each page
(4) All members shall accept and strictly adhere to these bye-laws.
(5) Upon transfer of any apartment or building, as the case may be, in the project
by an allottee by way of sale, gift, will or otherwise, the purchaser or the donee or the
legatee, as the case may be, shall become a member of the association of allottees
on the basis of such transfer and the transferee after becoming owner thereof shall
be admitted as member of the association of allottees on payment of Rs. 100/- (One
hundred rupees) as entry fees towards such membership.
(6) A member dying intestate may be substituted by his legal heirs or
representatives on production of documents to the satisfaction of the Executive
Committee of the association of allottees and where any legatee is a minor, he shall
be represented by his legal guardian.
(7) The legal heirs or representatives of the deceased shall succeed to the rights
and liabilities of the deceased as a member of the association of allottees.
(8) Any person entitled to become a member of the association of allottees on
account of reasons mentioned in sub-clauses (5) and (6) of this clause shall sign
and execute such applications, forms, agreements, etc. as are required by the
promoter and the association of allottees to put such new member in place of the
outgoing member.36
5. Joint allotees: - Where an apartment or a building, as the case may be,
is allotted to two or more persons, the person whose name stands first in the
Agreement for sale of such apartment or building, as the case may be, shall become
the member of the association unless such joint allottees nominate one amongst
them to be a member of association in respect of such apartment or building, as the
case may be.
6. Disqualification. -(1) No allottee shall be entitled to vote in the election
of office bearers of the association including the President, Vice-President,
Secretary, or Treasurer and also shall not be eligible to contest for election to such
office till arrear dues are cleared by him under the bye-laws.
(2) No allottee shall be entitled to participate in any meeting for passing any
resolution till arrear dues are cleared by him under the bye-laws.
Note: — The names of allottees and the amounts in arrears shall be displayed at
least 15 days before the date of meeting on the notice board at the office of the
association of allottees till such time, as the arrears remain un-cleared.
(3) The General Body in its meeting shall take appropriate action including
disqualification from membership against any member who violates the conditions of
any of the clauses specified in these bye-laws.
(4) Where any person transfers his apartment by way of a sale, gift, exchange or
in any other manner, he shall cease to be a member of the association of allottees.
7. Voting.- (1) Each allottee shall have one voting right, in case of, -
(a) an Individual member, himself or herself, in person;
(b) trust, by any of the Trustees, duly authorized by the other Trustees;
(c) substituted Legal heirs, any member of the family who is a member of
the association of allottees;
(d) Joint ownership, the individual nominated to be a member of the
association of allottees;
(e) a legal heir who is a minor, his or her legal guardian; and
(f) a registered company, by a director, or any other officer duly authorized
by the company; and
(g) in absence of allottee, the tenant or his or her family member residing in
the apartment, authorised by the allottee.
(2) Voting will be by secret ballot, or show of hands as decided by the President.
(3) Each member shall have only one vote to caste irrespective of the number of
the apartments held by that member in the project.37
8. Quorum. - Except as otherwise provided in these bye-laws.--
(a) the presence of minimum 2/3rd of the members shall constitute a quorum
for general body meeting;
(b) the presence of minimum 3/4th of the members shall constitute a quorum
for conducting election to the Executive Committee or dissolution of
the Executive Committee or removal of any elected member to any of
the office of office bearers of the association of allottees;
(c) the presence of minimum 2/3rd members of Executive Committee shall
constitute a quorum for all meetings of the Executive Committee; and
(d) the presence of minimum 2/3rdof the members shall constitute a quorum
for extra-ordinary general body meeting for decision on any of the matters
listed in reserved matters list.
9. Vote to be cast in person only.-In any meeting of the association of allottees,
vote may be cast in person only.
10. First Annual General Body Meeting and election of President.-(1) The
first annual general body meeting of the association of allottees shall be held for
election of President and other office bearers of the association of allottees.
(2) The President of the association of allottees after being duly elected shall
preside over the meetings at that first meeting and thereafter.
(3) ln absence of the President, the Vice-President shall Chair the meetings.
(4) The annual general body meeting of the association of allottees shall be
held every year within two months of the end of financial year, unless there arises
any urgency for calling the emergent meeting earlier.
11. Notice of Annual General Body Meeting.- (1) Notice of every annual
general body meeting shall be given to all members at least twenty-one days prior to
the date of such meeting and such notice shall contain the date and time, place and
agenda of the meeting.
(2) The notice shall also be displayed on the notice board of the office of the
association of allottees.
(3) A general body meeting may be held at the request of 51% of the members
of the association of allottees by furnishing fifteen days prior written notice to discuss
certain emergent issues.
12. Extraordinary General Body Meeting.- (1) Extraordinary general body
meeting may be called for taking decision on any of the reserved matters.38
(2) Notice of every Extra-ordinary general body meeting shall be given to all
members at least (seven) 07 days prior to the date of such meeting and such notice
shall contain the date, time, place and agenda of the meeting,
(3) The notice shall also be displayed on the notice board of the office of the
association of allottees.
13. Adjourned meeting.- If any meeting could not be held for want of quorum,
the members who are present may adjourn the meeting to a time not more than
24 hours from the time the original meeting was called and if at such meeting also,
no quorum is present, then the meeting shall stand adjourned to another date, not
beyond a period of one month from the date fixed for the first meeting, which may be
held without quorum.
14. Minutes.-(1) The Secretary shall cause to be entered all proceedings of
meetings of the association of allottees into the minute book.
(2) The pages of the minute books must be consecutively numbered and
authenticated by the President of the association of allottees.
15. Resolution.- (1) Agenda of the meeting shall be discussed and decision shall
be taken, ordinarily, in the form of a resolution.
(2) Agenda relating to, —
(a) expulsion of any member; or
(b) matters pertaining to common expenses, budget and finance, etc.,
shall be decided by the special resolution.
(3) Agenda relating to, —
(a) to amend byelaws of association of allottees;
(b) decision regarding dissolution of the association of allottees; and
(c) matters pertaining to Section 9, Section 15 and Section 30 of the Act,
shall be decided in an Extra-ordinary meeting.
16. Executive Committee, election and term of office.- (1) The affairs of
the Association shall be managed by the Executive Committee.
(2) The Executive Committee of the association of allottees shall consist of
President, Vice- President, Secretary, Treasurer and three Executive members.
(3) The members of Executive Committee shall not be entitled to any
remuneration.39
(4) The term of members of the Executive Committee shall be for two years.
(5)The members of Executive Committee shall be elected at the annual general
body meeting before expiry of the term of existing Executive Committee.
Explanation : For removal doubt it is hereby clarified that the promoter(s) shall
not be eligible to become members of the Executive Committee till occupancy
certificate issued and possession of the apartment were delivered to the allottees.
(6) The first election to the Office of the members of the Executive Committee
shall be held with at least seven allotteesor 50% of the allottees of the entire project
whichever is lower as member and shall continue unless removed earlier, for a
period of two years from the date of election.
17. Power and functions of the Executive Committee.- (1)The Executive
Committee shall have the following powers and functions, namely:—
(a) The Executive Committee shall perform all the functions necessary for the
management of the affairs of the association of allottees including those specifically
delegated by the association of allottees:
Provided that the Executive Committee shall exercise its powers subject to
the provisions of these bye-laws;
(b) The Executive Committee shall also have the powers to co-opt two persons
from among the members, to assist the Executive Committee in its day-to-day
activities and in such case, the persons so co-opted shall become associate
members, but such associate members shall have no right to vote in the meetings of
the Executive Committee;
(c) to expel a member on the recommendation of the General Body under sub-
clause (3) of clause 6 of these bye-laws;
(d) to prepare the annual budget; and
(e) to implement t h e orders passed in the general body meeting and to do
other things which are in the interest of the association of allottees.
(2) The Executive Committee shall have the responsibility to carry out orders,
directions or instructions of any competent authority.
18. Powers and functions of office bearers of Executive Committee.— The
following powers shall be exercised and the functions shall be performed by the
office bearers, namely:—
(I) President:
(a) The President shall preside over the meetings of the Executive Committee as
well as general body meetings;40
(b) The President shall have all of the general powers and function which are
usually vested in the office of the President of an association of allottees,
including, but not limited to assist in the affairs of the association of allottees.
(II) Vice President:
(a) In the absence of the President, the Vice-President shall perform the
functions of the President;
(b) in case both the President and the Vice- President are absent, the Executive
Committee shall appoint some other senior member of the Executive
Committee to act as the President as an interim arrangement; and
(c) the Vice President shall also perform such other functions as may be, from
time to time, assigned to him by the Executive Committee.
(III) Secretary:
(a) The Secretary shall be responsible for general administration and
procedural functions of the association of allottees;
(b) the minutes of all the meetings shall be kept by the Secretary;
(c) notices of all meetings shall be issued under his signature;
(d) he shall have the charge of all records and documents of association of
allottees;
(e) he shall perform all duties as directed by the Executive Committee
or incidental to the office of the Secretary;
(f) the Secretary shall be the authorized spokesperson and carry out all
correspondences on behalf of the association of allottees; and
(g) the Secretary may sue or be sued for and on behalf of the association of
allottee.
(IV) Treasurer:
(a) All the financial functions and other related functions in respect of the
association of allottees shall be carried out by the Treasurer;
(b) the Treasurer shall be responsible for the funds as may be collected from the
members;
(c) he shall also keep full and accurate accounts of all receipts and
disbursements in the cash books and also perform such other duties as may
be directed by the Executive Committee;
(d) he shall keep not more than five thousand rupees in his hand for day to day
expenditure of the association of allottees and the rest amount shall be
deposited in the Bank Account within seven working days from the date of
collection.41
19.Vacancies.- The vacancy in the office of any office bearer of the association
of allottees by reason of death or otherwise shall be filled by a decision to be taken in
the general body meeting and in case it is not possible any other elected member
may be kept in charge till the election is held.
20. Removal of members of Executive Committee.- Any elected member may
be removed from office by a decision of at least 2/3rd members of the association of
allottees in a general body meeting only after giving him an opportunity of being
heard.
21. Organization of meetings of Executive Committee.- (1) The 1st meeting
of a newly elected Executive Committee shall be held within (thirty) 30 days of
election at such place as may be decided by the President by the meeting at which
such members were elected.
(2) No notice shall be necessary to the newly elected members in order to
convene such meeting provided a majority of the members of the Executive
Committee are present.
22. Regular meetings of Executive Committee.-(1)Regular meetings of the
Executive Committee may be held at least once in four months and not less than
three times in a calendar year, on such time and place as may be decided by the
President.
(2)Notice of regular meetings of the Executive Committee shall be given to each
member personally or by Email or through any electronics mode as may be decided
by the association of allottees or by Registered post, at least seven clear days prior
to the day fixed for such meetings.
(3)The Secretary shall maintain the minutes of meetings.
(4) The quorum of the meeting shall be more than half of the total number of
members of Executive Committee
(5) In the absence of the quorum, the meeting shall be adjourned.
23. Special meetings of Executive Committee. — (1) Special meetings of the
Executive Committee may be called by the President with prior notice to each
member of the committee given personally or by E-mail orthrough any electronics
mode as may be decided by the association of allottees or by registered post and
such notice shall state the date, time, place and the purpose of meeting.
(2) The period of notice of such meeting shall be decided by the President
depending upon the urgency of the matter to be discussed at such meeting.
24. Emergency meetings of the Executive Committee.—(1) Emergency
meetings of the Executive Committee may be convened by the Secretary with
permission of the President by a notice for convening the meeting.42
(2) All decisions of the emergency meeting shall be ratified in a special meeting
convened for the purpose within ten days of the emergency meeting, failing which
the decision taken at emergency meeting shall stand void.
25. Resignation: — (1) An elected office bearer may resign at any time by
sending a letter of resignation to the President or, in his absence, to the Secretary of
the association of allottees and such resignation shall take effect from the date of
acceptance by the Executive Committee or one month from the date of tendering
resignation, whichever is earlier.
(2) Before acceptance of the resignation, the member may withdraw the same
in writing.
26. Obligations of the members. - Every member shall abide by the provisions
of the bye-laws of the association of allottees and follow all resolutions or decisions
of the general body, as conveyed through the Executive Committee.
27. Cessation of Membership. -(1) An elected member of the Executive
Committee shall cease to be such member if he is convicted in a criminal case
involving moral turpitude.
(2) Membership of the association of allottees shall be terminated, if
continuation of such member is considered to be against the interest of the
association of allottees by the general body after giving him a reasonable opportunity
of being heard.
28. Funds.- Funds may be raised by the association of allottees in all or any of
the following. ways, namely:-
(a) by membership fees and charges collected in accordance with bye-laws;
and
(b) by contribution and donation from the allottees.
29. Investment.-The association of allottees may deposit its funds in any
Nationalized or Scheduled Bank.
30. Accounts.-(1) The Treasurer shall keep proper books of accounts of all
income and expenditure of the association of allottees and shall prepare income and
expenditure account and balance sheet as on the 31st day of March of every
Financial Year.
(2) The accounts of the association of allottees shall be audited by a qualified
auditor or a firm of Chartered Accountant to be appointed by the Executive
Committee.
(3) One or more bank account(s) in any Nationalized or Scheduled Banks may
be opened in the name of the association of allottees.43
(4) The bank accounts shall be operated jointly by the Secretary and Treasurer
of the association of allottees.
(5) The audited financial statement and the report shall be opened to the
inspections by any member of the association allottees during such period of time as
may be determined by the Executive Committee.
31. Publication of accounts and reports. – (1) The financial year of the
association of allottees shall be from the 1st of April to the 31st of March.
(2) A copy of the last financial statement and the report of the Auditor, if any,
shall be kept in a conspicuous place in the office of the association of allottees and
shall be placed in the general body of the association of allottees after being
approved by the Executive Committee and the copy such financial statement and the
report shall be submitted to the concerned Competent Authority not later than 18th
day of August every year.
32. Seal of the association of the allottees.- (1) The association of allottees
shall have a common seal which shall be in the custody of the Secretary and shall be
used by the Secretary or any other person under the authority of the resolution of the
Executive Committee .
(2) A chronological record of the list of the seal used shall be maintained in a
register kept for the purpose.
33. Amendment of the bye-laws.
- Subject to the approval of the Competent
Authority, the bye-laws of the association of allottees may be amended by way of
alteration, omission, insertion or addition thereto at the general body meeting by a
2/3rd of members present and voting in the general body meeting.