Bye-Laws for Apartment Owners Associations

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/



ApartmentADDA is India’s #1 web-based Housing Society Accounting Software with complete integration to Online Payment Gateway, Society Communication and Facility Management . We empower Cooperative Housing Societies (CHS), Resident Welfare Associations (RWA), Apartment Owners Associations etc. with online tools to manage their Apartment or Villa Complex effectively.

Please sign up for a LIVE Online demo to know more about the product here : Register for Demo. Start your ADDA (Complete Communication Package), right now, FREE of cost here: Create my ADDA.

Comments

  1. Sanjay says:

    I am curious. How many apartments are actually registered under KAOA? The law is written slightly confusingly… which means many socieites do not really register under KAOA and instead do under Societies act. Is that a correct inference?

  2. Amit chirpal says:

    My queries

    (1) Can any member (flat owner) of the association open up a commercial office in a fully residential apartment? I have heard it is illegal.
    What if they have not put up any board & are just operating a office inside?
    (2)Can you point me the location of BBMP/BDA on their site/internet which puts up this rule that no commercial establishment can be made in a residential apartment?
    (3) What must be the re-election duration for the President/Secretary/Treasurer?
    (4) Must there be a VP also as part of the core team?
    (5) Can the association bylaws be changed after they have already been registered?

    kindly throw light on the above queries.

  3. Jayaprakash Panoli says:

    Security employed failed to check the theft of car parts from covered car park (basement car park.
    How to recover the damage?

  4. Guhan P says:

    Jayaprakash, please go through the Agreement between the Security Agency and your Society. Specially take a look at liabilties or penalties part.

    Most good security agencies buy insurance cover for every client they sign up so they are covered for such eventualities.

  5. Guhan P says:

    Hi Amit, unfortunately, the state of karnataka does not have clear laws to answer questions you have asked. Below are some indicators.

    (1) Can any member (flat owner) of the association open up a commercial office in a fully residential apartment? I have heard it is illegal.

    – If it is a company registered under Companies Act, they can not do so. The property then becomes a Commercia Property and has to pay property tax, electricity charges according to commercial rates. For sole proprietorship, partnerships, the law is hazy.

    Above this, each Society decides regarding this in the By-Laws.

    (2)Can you point me the location of BBMP/BDA on their site/internet which puts up this rule that no commercial establishment can be made in a residential apartment?

    – i have not found this.. please share if you find

    (3) What must be the re-election duration for the President/Secretary/Treasurer?

    – No strict norm in Karnataka. Most Societies follow 1 year, some follow 2 years.

    (4) Must there be a VP also as part of the core team?

    – yes, a vice president post is important in the absence of the president. Not aware of any rule to mandate this.

    (5) Can the association bylaws be changed after they have already been registered?

    – absolutely. they need to be changed from time-to-time depending on the Board Resolutions taken in the GBMs. Of course, the modified By-laws need to be re-registered with the sub-registrar.