Chapter XV: Conveyance / Deemed Conveyance, Structural Repairs

Bye-law 146. Conveyance / Deemed Conveyance of the Property

(a)The Managing Committee shall, with the prior approval of the General Body Meeting, take all necessary steps for execution of the Conveyance or Deemed Conveyance of the land and building or buildings in favour of the Society in accordance with law.

(b)Where the Promoter fails to execute the Conveyance within the prescribed period, it shall be the duty of the Managing Committee to initiate proceedings for obtaining Deemed Conveyance under the applicable law.

(c)The Managing Committee shall examine, in consultation with the Advocate or Legal Advisor of the Society, the draft Conveyance Deed or Deemed Conveyance documents and place the same before the General Body Meeting for approval.

(d)Upon approval by the General Body Meeting, the Managing Committee shall execute, register and complete the Conveyance or Deemed Conveyance and undertake all consequential actions required under law.

(e)The Society shall preserve all title deeds, conveyance documents, sanctioned plans and other property records as permanent records.

Bye-law 147. Maintenance and Repairs of Society Property

(a)The Managing Committee shall be responsible for maintaining the property of the Society in good condition and ensuring timely repairs, preventive maintenance and compliance with all statutory requirements.

(b)On receipt of any complaint from a Member, or whenever considered necessary, the Secretary shall inspect the property, either personally or along with a qualified Architect, Structural Engineer or Technical Expert, and submit a report to the Managing Committee indicating the nature and urgency of repairs.

(c)Every Member shall permit reasonable access to his Flat or premises for inspection, maintenance, repairs, replacement of common services or rectification of defects affecting the common areas or any other part of the Society property.

(d)The Managing Committee shall decide the nature, priority and manner of execution of repairs based upon the inspection report and the interest of the Society.

(e)The Managing Committee shall be competent to incur one-time expenditure on repairs and maintenance of the Society property in a financial year, without prior approval of the General Body Meeting, provided such expenditure does not exceed—

(i)up to 25 Members – ₹1,00,000;

(ii)26 to 50 Members – ₹2,00,000;

(iii)51 to 100 Members – ₹3,00,000;

(iv)101 to 1000 Members – ₹4,00,000;

(v)1001 and above Members – ₹5,00,000.

(f)Where the estimated expenditure exceeds the above limit, prior approval of the General Body Meeting shall be mandatory except in cases of emergency repairs undertaken under these Bye-laws.

(g)The General Body Meeting shall determine the monetary limit up to which tenders need not be invited. Where the estimated cost exceeds such limit, tenders shall be invited through a fair, transparent and competitive process.

(h)Expenditure on repairs shall ordinarily be met from the Repairs and Maintenance Fund, Major Repairs Fund, Sinking Fund or any other lawful source approved under the Act, Rules and these Bye-laws.

Bye-law 148. Appointment of Architect, Structural Engineer or Technical Expert

(a)For major repairs, structural repairs or other technical works, the Society shall appoint a qualified Architect, Structural Engineer or Technical Expert with the approval of the General Body Meeting.

(b)The Managing Committee shall ordinarily obtain proposals from at least three qualified professionals and place a comparative statement before the General Body Meeting.

(c)The appointment shall specify the scope of work, fees, responsibilities, deliverables and time schedule.

(d)The Managing Committee shall execute an agreement with the selected professional.

(e)In cases of emergency affecting the safety of the building or occupants, the Managing Committee may appoint a qualified professional immediately and undertake urgent protective measures. Such action shall be reported to and ratified by the next General Body Meeting.

(f)The appointed professional shall—

(i)inspect the building;

(ii)assess its condition;

(iii)prepare technical reports, drawings, specifications and estimates;

(iv)advise on the nature and urgency of repairs;

(v)supervise execution wherever required;

(vi)certify stage-wise and final completion;

(vii)assist in obtaining statutory approvals wherever necessary.

Bye-law 149. Procedure for Major Repairs and Structural Repairs

(a)Major repairs and structural repairs shall ordinarily be undertaken on the basis of a Structural Audit Report or technical report prepared by a qualified professional.

(b)The Managing Committee shall place before the General Body Meeting—

(i)the Structural Audit Report or technical report;

(ii)details of proposed works;

(iii)estimated cost;

(iv)expected extension of the life of the building;

(v)source of funds;

(vi)proposed method of execution.

(c)The General Body Meeting shall approve the scope of work, estimated cost, source of funds and method of execution.

(d)Where tenders are required, the Managing Committee shall invite them through a fair, transparent and competitive process, prepare a comparative statement and place the same before the General Body Meeting.

(e)The General Body Meeting shall approve the contractor or agency for execution of the work.

(f)The Managing Committee shall execute the agreement with the selected contractor or agency and supervise the execution of the work.

(g)The General Body Meeting may constitute a Works Monitoring Committee to monitor the progress of the work and report periodically to the Managing Committee.

(h)The Managing Committee shall ensure that all technical reports, estimates, tender documents, comparative statements, work orders, agreements, stage-wise progress reports and completion certificates are available for inspection by Members and are communicated through the Notice Board, electronic means or the Society website, if any.

(i)Upon completion of the work, the Managing Committee shall place before the General Body Meeting—

(i)the Completion Certificate;

(ii)final statement of expenditure;

(iii)details of deviations, if any;

(iv)warranties and guarantees received;

(v)defect liability obligations of the contractor, if any.