1. SHORT TITLE AND APPLICATION
    1. These bye-laws are called as the bye-laws of FERNS BUILDERS & DEVELOPERS PLOT OWNERS MANUAL.
    2. Each and every Plot Owner agrees to become a member of the Association so formed and also agree to follow all the Rules & Regulations of the Association, as specified herein.

    3. The provosion of these bye-laws apply to all the PLOT OWNERS in all layouts developed and sold by FERNS BUILDERS & DEVELOPERS / FBD unless otherwise specified.

      These Rules and Regulations may be modified from time to time by M/s. Ferns Builders & Developers, and subsequently by the respective Association as and when it is formed. However the individual plot owners shall be notified of these changes as & when they occur, by e-mail or by postal delivery as per the latest address available with FBD/Association.

    All the present and or future owners, residents, tenants or any other person who may use the facilities in any manner are subject to the regulations set forth in these bye-laws. The purpose of implementing these rules and regulations is not to harass any of the plot owners, but on the contrary to ensure the following:

    a. That the layout developes in a systematic fashion.
    b. That the peace and harmony of the layout is not disturbed.
    c. The residence in the layout are not in convenienced in any way.
    d. To ensure that the civic amenities are not damaged during the process of construction activities.
    e. The most Important of all is to ensure that the security of the layout and residence is not threatened at any point of time.
     f.   We like to bring to the attention of various architects and contractors involved in the construction of houses to strictly adhere to the By-laws laid down in this manual. These By-laws have been framed keeping in mind not only the privacy and safety of the neighbouring plot owners but more importantly of the concerned plot owners himself.

  2. ROLE & RESPONSIBILITIES OF FERNS BUILDERS & DEVELOPERS
    1. M/s. Ferns Builders and Developers, shall form an Association/Society of all the plot Owners of the LAYOUT, on completion of all the facilities in the LAYOUT, hereinafter referred to as the ASSOCIATION.
    2. M/s. Ferns Builders and Developers agree to be on the Managing Committee of the ASSOCIATION until such time the Association is competent to manage the affairs of the LAYOUT.
    3. All the Civic Amenities and Recreational Facilities shall be provided as per the sale agreements entered into by and between M/s. Ferns Builders and Developers and the individual Plot Owners respectively.
    4. M/s. Ferns Builders and Developers agrees to handover the Civic Amenities to the Association with the exception of the Compound wall as described in the Sale Agreement entered by and between M/s. Ferns Builders and Developers and the respective Plot Owners.
    5. At the time of purchasing the plot Ferns Builders & Developers shall collect a Society Deposit by cash/cheque/DD equivalent to Rs. 5/- SFT of the plot area from the purchaser favouring "Ferns Builders & Developers A/c. Projects" (eg. "Ferns Builders Developers A/c Ferns City") for all projects except Ferns Paradise, where the same shall be collected @ Rs. 7.5/- SFT.
    6. a. The Plot Owners shall make all the payments as stipulated herein and any other payments that may be stipulated from time to time in accordance with the rules and regulations as laid down in this manual, to Ferns Builders & Developers, until the termination of the association.
      b. Ferns Builders & Developers shall accordingly maintain a seperate Bank A/c. and Corresponding book of accounts for each layout, which will be handed over to the concerned Association as and when it is formed.
    7. The club and the area earmarked for the chilren park, swimming pool and other recreational areas are exclusive property of the M/s. Ferns Builders and Developers. The Plot Owners shall be entitled to the Membership as long they are the owners of the subject property.
    8. M.s Ferns Builders and Developers hereby undertakes not to part / sell the land and buildings earmarked for the Recreation Facilities are specified in the respective agreements with the prospective plot owners.
    9. The day to day management of the Club House & Associated Recreational facilities shall rest with FBD Clubs & Resorts, a 100% subsidiary of M/s. Ferns Builders and Developers.
    10. Ferns Builders & Developers shall collect a Club Security Deposit of Rs. 10,000/- Plot from each owner by cash / cheque / DD favouring " FBD Clubs & Resorts".

  3. ROLE AND RESPONSIBILITIES OF THE PLOT OWNERS.
    1)     The Annual Maintenance Fees (Fixed Expenses) of the layout is payable by ALL Plot Owners (including Residents) in proportion to the size of their plots to cover the following expenses, which occur irrespective of the status of occupation of the plots by the plot owners.

    (i) Security Agency Fees
    (ii) Electrical Charges towards pumping of water - watering of Hedges & Avenue Trees.
    (iii) Salaries - Estate Manager
    (iv) Daily wages to workers for trimming and watering of hedges
    (v) Electrical Maintenance Work and Spares.
    (vi) Miscellaneous expenses - Fertilizers, Pesticides, bank Charges Audit Fees etc.

    2) It is estimated that the above charges work out to arround Re. 1/SFT Per Annum for all Layouts (As Per the expenses incurred at "Rainbowdrive" for the year April, 2001 to March, 2002 See Annexure No.1) except at Ferns Paradise where the same is estimated to cost Rs. 150/- SFT Per Annum on account of the landscaped foot paths, park etc. This amount is to be paid by the plot Owner at the end of every year based on the actual expenditure incurred.

    3) The Monthly Maintenance Expenses, which occur as a result of the plot Owners living in the Layout shall be shared by all the Residents in proportion to the size of their respective sites.The sum so calculated, shall be paid by the individual resident (in addition to the annual fixed maintenance Expenditure) by the fifth of every subsequent month (See Annexure No. 1). As this payment is made in the subsequent month, a deposit equivalent to Re. 1/- SFT of the site Area shall be paid by the Resident in the first month of the occupation, to FBD / association.

    These Monthly Maintenance Expenses (Variable Expenses) are as follows and are estimated to cost arround Re. 0.30/- SFT for the following:
    *i. Security Agency Fees.
    *ii. Electricity Charges for pumping the water,used for domestic purposes.
    *iii. Daily wages paid to workers for sweeping the streets.
     iv. Electricity Charges towards running the Sewage Treatment plant, where applicable.
     v. Chemicals for the Sewage Treatment Plant, where applicable.
     vi. Collection of garbage from every Household .
     vii. Electricity charges towards street Lights .
     viii. Salary of plumber Cum Electrician.

    * The expenses marked by (*) are shared between both the account heads Annual maintenance - (Fixed) expenses and monthly (Variable) Expenses. See Annexure No. 1 for more details.

    4a)     Electricity Charges are extra as per the Meter Reading and payable to KPTCL directly.

    4b) Water Charges (Domestic Consumption) are extra as per the meter reading and payable to FBD / Association. The same has been currently fixed at Rs.5/- KiloLiter. (BWSSB Rates ranges from Rs. 5 / KL to Rs. 30 / KL). In the event the supply of water from internal borewells is insufficient, necissating the purchase of water from external source then this amount shall be borne additionally in proportion to the consumption of water as per the water meter reading.

    4c) A "Sinking Fund A/c" shall be opened to take care of expenses incurring due to repair / replacement of water pumps, machinery in Sewage Treatment Plants, repairs of roads, painting of compound walls and main gate etc., this fund may be implemented after FBD hands over the Layout to the respective Associations.

    4d) The Souce for the Sinking Fund A/c. shall be as follows.
    (i) Surcharge of 10% on the annual fixed maintenance fees
    (ii) Surcharge of 10% on the monthly fixed expenses
    (iii) Interests earned on residual amount on the bank
    (iv) Profits from any events conducted in the layout by the Association

    5) FBD / Association shall submit a statement of Annual Accounts to every plot Owner at the end of every financial year, atleast 15 days before the AGM of the Association along with notice to hold the AGM.

    6) In the event of a natural or man made calamity such as earthquakes, floods, riots etc. resulting in damages to the infrastructure in the layout, then FBD / Association shall collect a "Development Fee" from all the concern plot owners, in proportion to the area of the site/s owned by the said plot owner. This fee will be determined by the rates quoted by qualified contractors in an open tender and same is open for inspection by any plot Owner.

    7) In the event the plot owners defaults in the payment of the above maintenance fees by more than 3 months, M/s Ferns Builders and developers / the concerned Association reserves the right to disconnect all utilities, such as water, sewerage, power connections, etc., until the same has been paid along with a reconnection fee + interest not exceeding 24% per Annum.

    8) That the plot owners agree not to utilize the subject property to conduct any kind of commercial activities what so ever which will compromise the peace, harmony and security of the LAYOUT.

    IV. Sale of Plot / House to a Third Party

    1) The Plot owners shall obtain a "NO DUE CERTIFICATE" from M/s. Ferns Builders and Developers and subsequently from the concerned Associations before the sale of the plot to the third party. Where as FBD/Association shall issue the "No Dues Certificate withing 15 Days from the date of Application, provided all the payments have been made regarding club dues and layout maintenance dues (Annual Fixed Expenses and monthly Expenses) at the time of Application.
    .
    2) The plot owners shall sell his plot to a Third party provided, the intending purchaser and all subsequent purchasers at all times in the future become members of the concerned plot owners Association as & when it is formed and also agree to abide the rules and regulations of the said plot owners Association.
    Until the formation of the plot owners Association, the Third Party and all subsequent owners agree to abide by the Rules & regulations laid down in this manual - i.e. FBD Plot Owners Manual.

    3) The plot owners agrees not to subdivide his plot in any manner whatso ever, during the tenure of his ownership or at the time of sale to a Third Party. The Plot Owner agrees to built a single dwelling unit (as opposed to a multi dwelling unit such as twin house, row houses, flats etc.) for which he shall be provided a single underground connection with respect to water supply, electricity and sewage (where applicable) respectively.

    V. CONSTRUCTION OF HOUSES BY PLOT OWNERS.

    The Plot Owners have agreed to the following terms & conditions in the event of building his / her their own house on the subject property
    Before Starting Construction:

    1) The plot owners shall apply for NOC to start construction from M/s Ferns builders & Developers / Association by submitting an application form (Annexure no. II) along with the following
    (a) A copy of the sanctioned plan.
    (b) In the event there is any variation from the sanctioned plan, a copy of the actual construction plan with measurement of setbacks .
    (c) "No dues certificate" from FBD Clubs & Resorts and Ferns Builders & Developers / Association to ensure that are No Dues towards the Club and the Layout Maintenance respectively.

    2) That the Plot Owners shall build their own house by a contractor who is on the panel of contractors approved by M/s. Ferns Builders and Developers / Association. Any Contractor may apply to be on the Approved Panel of Contractors provided the contractor complies with the requirements stipulated in the application form(Annexure No. III) for empanelment.


    3) All plot owners shall follow the Byelaws of the Bangalore city corporation with regard to the construction of houses, very strictly and with out exceptions as given below.

    Depth Of Site In Feet
    Residential
    Front        Rear
    Width Of Site In Feet
    Residential
    Left    Right
    UPTO 20'
    3'3''
    ---
    UPTO 20'
    ---
    3'3''
    OVER 20' -
    UPTO 30'
    3'3''
    3'3''
    OVER 20' -
    UPTO 30'
    3'3''
    3'3''
    OVER 30' -
    UPTO 40'
    5'0''
    5'0''
    OVER 30' -
    UPTO 40'
    5'0''
    5'0''
    OVER 40' -
    UPTO 60'
    10'0''
    5'0''
    OVER 40' -
    UPTO 60'
    5'0''
    10'0''
    OVER 60' -
    UPTO 80'
    13'0''
    10'0''
    OVER 60' -
    UPTO 80'
    8'0''
    12'0''
    OVER 80'
    16'0''
    12'0''
    OVER 80'
    10'0''
    13'0''


    - The front and rear set-backs shall be with reference to depth of the site.

    - The left and right set-backs shall be with reference to width of the site.

    - In case of corner sites both the sites facing the road shall be treated as front side and regulations applied accordingly.

    - In case of building facing more that two roads, the plot should be considered as corner plot taking two wider roads into consideration

    - In case of sides facing roads both in front and rear, bith the sides facing roads should be treated as front and other two sides not facing roads should be treated as right side and the set-backs be applied accordingly.

    - If any violation of set-backs have been commited by the plot owners, then M/s Builders & Developers / Association shall have every right to stop the construction of the said house by the purchasers on the schedule property, until the same has been rectified.


    4) In addition to the statutory norms of the Bangalore City Corporation, the plot owners in Ferns Paradise / Ferns Meadows also agrees to the following :

    - A minimum set back of 3' all around the house incase of plots of area < 5000 sq.ft. & set back of 5' where plots have an area > 5000 sq.ft., shall be maintained.
    - Total Built Up Area of the house(including servent quarter etc) should not exceed the area of the plot on which the house is being built.

    - The Plot owners agree not to construct a compound wall are any wall on the boundaries of their plots & also agree to maintain the hedges / trees already grown on the boundaries of their respective plots. However the Plot Owners may erect a hexagonal fensing / barbed wire fencing on which creepers may be grown.

    5) The Plot Ownersshall make their own arrangements for Water Supply & Power supply for the construction of their house. In the event the Plot Owners is using the internal water supply of the Layout, the Plot Owner shall pay the following charges before starting the construction of the house to FBD / Association.

    i) Cost of Water meter - Rs. 1,000 /-

    ii) Refundable Deposit of Rs. 20,000/- (favouring Ferns Builders Developer / Association)

    iii) Water charges @ Rs. 10/ Kiloliter.

    * Cost of Water supply by private Tankers= Ranges from Rs. 5 /KL to Rs. 30 / KL.
    * Cost of water supply by BWSSB (commercial)= Ranges from Rs. 33 / KL to Rs, 60/KL

    6) FBD / Association shall issue an NOC to the concerned plot owners on recieving his application form for the same within 10 working days from date of reciept, provided all the terms given above are complied with.

    7) Further th plot owners also agrees to observe the following rules and regulations while constructing his house, failing which FBD / Association may withdraw the said NOC by issuing a notice to the concerned plot owner by registered post to the address given in the application form.

    During Construction:

    1) That the Plot Owners make their own arrangement for the security of the Construction materials that may be delivered to the site and that M/s. Ferns Builders and Developers / Associationis not liable for any theft or pilferage of the said material.

    2) the plot owner shall ensure that the drains in front of their site are not blocked with construction debris. To facilitate the movement of trucks carrying construction material in to the site, the plot owner shall build a ramp over the drain before starting the said construction.

    3) Plot owner shall ensure that the construction material are not dumped on the road which results in blocking of the roads / damaging the roads.

    4) However the Plot Owner may obtain a written permission (Annexure No. II / 2a) from the owner of the adjacent/neighbouring vacant plots for temporary storage of construction material. In this case the plot owner shall undertake to reimburse the concerned Association towards the replacement cost of damaged hedges / trees if any , while using the said plot for storage of construction material and also pay the annual maintenance charges of the adjacent plot during the period of construction.

    5) The plot owner shall also construct a tempoary / permanent servant quarters with toilet before starting the construction of the main house, in the event he requires to keep a watchman on site to ensure the security of the construction material.

    6) Other than the watchman and his immidiate family, none of the other workers will be permitted to reside in the layout under any circumstances.

    7) The plot owner shall ensure that all the workers employed for the construction on his site shall not use or endoaver to use the othere vacant plots for bathing / toilet purposes. In the event this rule is voilated the Association /FBD shall levy a fine of Rs. 100/- violation or any such fine that may be fixed by the Association from time to time. In the event this rule is violated on more that 3 occasions for a given construction, the said contractor will be de-listed from the approved panel of contractors and will not be allowed further entry in to the layout.

    8) All workers shall enter & exit the layout through the main gate only. This is to ensure that these entry and exit of all workers are recorded by the security person present at the main gate. Jumping over the compound walls by the workers is strictly prohobited & appropriate fines will be levied on the defaulting workers. Those who refuse to pay this fine will not be allowed in to the layout under any circumstance. Appropiate action will also be taken against the concerned contractors.

    9) The above clauses not withstanding multi dwelling units / apartments shall not be permitted to be built on the subject property for a period of 10 Years from the date of formation of the association. However, subsequently this clause may be reviewed or revoked at the discretion of the concerned Association.


    Annexure - I / II
    Annexure - II / 2A
    Annexture - II / 2B
    Annexure - III


    Bangalore
    Dated

    UPDATED ON 18 Mar 2003