Terms & Conditions

Last Updated: December 18, 2024

1. Introduction and Acceptance

These Terms and Conditions ("Terms") govern your use of the Vaishali Utsav Resident Welfare Maintenance Society website and your relationship with the society as a resident, member, or visitor. By accessing this website or residing in the society, you agree to be bound by these Terms, the society bye-laws, and all applicable laws of India.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, and the Real Estate (Regulation and Development) Act, 2016 (RERA).

2. Definitions

  • "Society" refers to Vaishali Utsav Resident Welfare Maintenance Society, a registered cooperative housing society
  • "Member" refers to flat owners who are registered members of the society
  • "Resident" refers to members and their family members residing in the society
  • "Premises" refers to the society property and all common areas
  • "Managing Committee" refers to the elected body managing society affairs

3. Membership and Ownership

3.1 Membership Eligibility

  • Membership is granted to flat owners upon completion of registration formalities
  • Transfer of membership requires approval from the Managing Committee
  • Members must comply with society bye-laws and applicable RERA regulations

3.2 Rights and Responsibilities

  • Members have voting rights in General Body Meetings
  • Members must pay maintenance charges and other dues timely
  • Members are responsible for the conduct of their family members and tenants

4. Maintenance Charges and Payments

4.1 Payment Obligations

  • Monthly maintenance charges are mandatory and non-negotiable
  • Payments must be made by the 5th of each month
  • Late payment attracts interest at 18% per annum or as decided by the Managing Committee
  • Non-payment may result in disconnection of amenities and legal action

4.2 Special Assessments

  • The society may levy special charges for major repairs or improvements
  • Such assessments require approval through General Body Meeting

5. Use of Common Areas and Amenities

5.1 Access and Usage

  • Common areas are for the use of members and authorized residents only
  • Amenities must be booked in advance as per society rules
  • Misuse or damage to common property will result in penalties
  • The society reserves the right to restrict access for maintenance or safety

5.2 Prohibited Activities

  • Commercial activities in residential units without prior approval
  • Structural alterations without written permission
  • Activities causing nuisance, noise, or disturbance to neighbors
  • Illegal activities or violations of Indian laws

6. Security and Safety

6.1 Security Measures

  • CCTV surveillance is operational 24/7 for safety purposes
  • Visitors must register at the security gate
  • Vehicle stickers/passes are mandatory for entry
  • Members must cooperate with security personnel

6.2 Emergency Procedures

  • Members must provide emergency contact information
  • Fire safety equipment must not be tampered with
  • Evacuation procedures must be followed during emergencies

7. Parking and Vehicle Management

  • Parking is allocated as per society norms and availability
  • Only registered vehicles are permitted
  • Parking in unauthorized areas may result in towing at owner's expense
  • Speed limit within society premises is 10 km/hr

8. Pets and Animals

  • Pets are allowed subject to society rules and registration
  • Pet owners are responsible for their pets' behavior and cleanliness
  • Pets must be leashed in common areas
  • Violations may result in restrictions or penalties

9. Rental and Tenancy

9.1 Tenant Registration

  • All tenants must be registered with the society
  • Owners are responsible for tenant compliance with society rules
  • Police verification is mandatory for all tenants

9.2 Leave and License

  • Rental agreements must comply with the Maharashtra Rent Control Act or applicable state laws
  • Copy of rental agreement must be submitted to the society

10. Dispute Resolution

10.1 Internal Resolution

  • Disputes should first be brought to the Managing Committee
  • The committee will attempt amicable resolution
  • Decisions of the committee are binding unless challenged legally

10.2 Legal Recourse

  • Unresolved disputes may be referred to arbitration
  • Courts in Jaipur, Rajasthan have exclusive jurisdiction
  • RERA complaints can be filed with Rajasthan Real Estate Regulatory Authority

11. Website Usage Terms

11.1 Acceptable Use

  • The website is for informational purposes only
  • Content may not be reproduced without permission
  • Users must not attempt unauthorized access or hacking
  • False information or impersonation is prohibited

11.2 Intellectual Property

  • All content, logos, and trademarks are property of the society
  • Unauthorized use may result in legal action

12. RERA Compliance

In accordance with the Real Estate (Regulation and Development) Act, 2016, and Rajasthan RERA rules:

  • All society operations are conducted with transparency
  • Financial statements are available for member inspection
  • Complaints can be filed with Rajasthan RERA (www.rera.rajasthan.gov.in)
  • The society maintains all required registrations and approvals

13. Amendments and Modifications

  • These Terms may be amended by the Managing Committee
  • Major changes require General Body approval
  • Members will be notified of significant changes
  • Continued residence constitutes acceptance of amendments

14. Termination

  • Membership terminates upon sale or transfer of flat
  • The society may take legal action for serious violations
  • All dues must be cleared before transfer of ownership

15. Liability and Indemnification

15.1 Society Liability

  • The society is not liable for theft, loss, or damage to personal property
  • Members are advised to maintain adequate insurance
  • The society's liability is limited to gross negligence

15.2 Member Indemnification

  • Members indemnify the society against claims arising from their actions
  • Members are liable for damages caused by their family or tenants

16. Force Majeure

The society is not liable for failure to perform obligations due to circumstances beyond reasonable control, including natural disasters, pandemics, government actions, or other force majeure events.

17. Governing Law and Jurisdiction

  • These Terms are governed by Indian law
  • Subject to the Maharashtra Cooperative Societies Act, 1960 (or applicable state law)
  • Courts in Jaipur, Rajasthan have exclusive jurisdiction
  • Disputes are subject to arbitration as per the Arbitration and Conciliation Act, 1996

18. Contact Information

Vaishali Utsav Resident Welfare Maintenance Society

Managing Committee

Vaishali Estate, Gandhi Path Rd, Vaishali Nagar

Jaipur, Rajasthan 302021

Phone: +91 83027 43398

Email: vaishaliutsav@yahoo.com

19. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

20. Entire Agreement

These Terms, together with the society bye-laws and applicable laws, constitute the entire agreement between members and the society.

Important Notice: These Terms & Conditions are legally binding. Members are advised to read them carefully and seek legal advice if needed. Violation of these terms may result in penalties, legal action, or termination of membership as per society bye-laws and applicable laws.

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