Bye -Law from Karnataka Apartment Owners Association Act
Per the Karnataka Apartment Owners Act, the purpose of the Bye-Laws and the norm of framing them are as below .
(1) The administration of every property shall be governed by bye-laws, a true copy of which shall be annexed to the Declaration. No modification of or amendment to the bye-law shall be valid, unless set forth in an amendment to the Declaration and such amendment is duly recorded and a copy
Thereof is duly filed with the competent authority.
(2) The bye-laws shall provide for the following matters, namely:-
(a) The election from among the apartment owners, of a Board of Managers, the
number of persons constituting the same, and that the terms of at least one-third of the
members of such Board shall expire annually: the powers and duties of the Board; the
compensation, if any, of the members of the Board; the method of removal from office of 11
members of the Board; and whether or not the Board may engage the services of a
Secretary, a Manager or Managing Agent, and specifying which of the powers and
duties granted to the Board by this Act or otherwise may be delegated by the Board to
either or both of them;
(b) method of calling meetings of the apartment owners; what percentage, if
other than a majority of Apartment Owners, shall constitute a quorum;
(c) election of a President from among members of the Board of managers who
shall preside over the meetings of such Board and of the Association of Apartment
Owners;
(d) election of a Secretary who shall keep a minute book wherein resolutions
shall be recorded;
(e) election of a Treasurer who shall keep the financial records and books of
accounts;
(f) maintenance, repairs and replacement of the common areas and facilities
and payments therefore;
(g) manner of collecting from the apartment owners their share of the common
expenses;
(h) designation and removal of persons employed for the maintenance, repair
and replacement of the common areas and facilities;
(i) the method of adopting and of amending administrative rules and
regulations governing the details of the operation and use of the common areas and
facilities;
(j) such restrictions on the requirements respecting the use and maintenance
of the apartments and the use of the common areas and facilities not set forth in the Declaration, as are designed to prevent unreasonable interference with the use of their respective apartments and of the common areas and facilities by the several apartment owners; and
(k) the percentage of the votes required to amend the bye-laws.
(3) The bye-laws may also provide for the following matters namely:-
(a) subject to the provisions of this Act, provision for regulating transfer or
partition of any apartment and percentage of undivided interest in the common areas
and facilities appurtenant to such apartment, subject to such terms and conditions as
may be specified in the bye-laws:
(b) provisions enabling the Board of Managers to retain certain areas of the
building and lease to non-residents for commercial purposes and for distribution of
resulting proceeds to the apartment owners as income or application thereof in reduction
of their common charges for maintaining the building; and
(c) any other provisions, not inconsistent with the provisions of this Act, relating
to the audit and accounts and administration of the property and annual and special
general meetings, annual report and the like.
Sample Bye -Law draft : http://apartmentadda.com/blog/sample-bye-laws/
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