The by-laws for an apartment society
What is a by-law in an Apartment Society?
By-laws are the guidelines, which have provisions relating to the affairs of the apartment association. It refers to a local/private law made by an organisation for its own government.
The role of by-laws:
Each apartment association will have an apartment bye- law which contains certain details like the name of the association, the address, the date of formation, jurisdiction aspects and so on. The bye-laws contain various particulars which relate to the business hours of the association along with the objects and activities of the association.
The importance of by-laws:
Bye-laws are required by the managing committee of an Apartment Owners Association (or Residents Welfare Association) to ensure proper maintenance of the apartment complex and to resolve the issues that the residents face in a timely and effective manner. Solving the issues is not easy. It is quite a difficult task to convince the society to agree to the chosen rules and regulations. All of the related issues are solved through a set of rules known as the bye-laws. Every apartment complex adopts the bye-laws from the moment it is registered. The bye-laws govern the day-to-day functioning of the apartment complex and it is considered as the constitution of an apartment complex.
An apartment by-law will include:
- An apartment owners association can be registered under the society act or a Flat Owners Act.
- An apartment association must consist of at least 10 people, over 18 years of age.
- All the owners are obliged to pay monthly assessments imposed by the association and abide by the rules of conduct.
- The registration of an association involves the drafting of memorandum and bye-laws.
- The memorandum shall contain the name of the association and the objects of the association apart from the names, addresses and occupations of the members of the committee which is the governing body.
- The names of persons or officers who can sue or be sued on behalf of the association.
- Particulars of the person or officer who can give directions with regard to the business of the association.
- It is mandatory that the bye-laws should have details about the enrollment of members, qualification for membership, restrictions and other conditions along with the entrance fee.
- The deadline date for the payments and the fee.
- A list of delayed payments and penalties.
- Rules about eviction of members and the circumstances under which members can be evicted along with the particulars of rights, obligations and privileges of the members.
- The bye-laws should have the particulars relating to the manner in which the business of the association has to be carried out.
- A list of qualifications of members to hold office, the term and other conditions for appointment/reappointment should be mentioned.
- Every apartment owners association shall make own bye-laws at its first meeting for the administration of the affairs in relation to the apartments and the property relating thereto.
- People who have purchased apartments and executed a deed of apartment shall automatically be the members of the association and will pay the membership fee. Each apartment owner shall receive a copy of the bye-laws.
- The affairs of the association shall be governed by a board and elected by the members by simple majority in the general body meeting.
- The principal office bearer of the association shall be a President, a Vice-President, a Secretary and a Treasurer, all of whom shall be elected by and from the board. The board may appoint an Assistant Secretary and an Assistant Treasurer.
- One third of the members of the board retire annually.
- The office bearers shall hold office until their successors have been elected and hold their first meeting.
- The first meeting of a newly elected board shall be held within ten days of election.
- The administration of every property shall be governed by bye-laws, a true copy of which shall be annexed to the declaration.
How can one make a model By-law?
- Make a draft or model bye-law for the association.
- Getting it approved from the general body.
- Proceed for the registration of the association.
- On successful registration of association bye-law becomes effective for association.
Why does an apartment association need a by-law?
- The primary responsibility of the managing committee is to ensure proper maintenance of the apartment complex and to resolve related issues which residents face.
- Convincing the members to act in the interest of the society is no less a challenge either as almost every resident is aware of their rights but few accept their responsibilities.
- They are needed for the smooth functioning of a society and many consider them to be the constitution of an apartment complex.
- They are critical for the efficient working of a society and are mandatory for an Apartment Complex Association.
Amending by-laws:
- Bye-laws may be amended by the association in a duly constituted meeting. An amended bye-law will be effective if it is approved by the owners representing at least two-third of the total number of units in the building.
- A modified or an amended bye-law shall be valid only if an amendment to the declaration is made.
Procedure for amending a by-law:
- Conduct a general meeting on an annual basis.
- A resolution will be passed by a majority of the 3/4th of the members who are present.
- The two-third of members should not be less than one-third of the total members in the society.
- Every change in the memorandum of the association as approved shall be filed with the registrar within 30 days. Such change shall not have effect until it has been registered.
- The committee should also submit four copies of the existing bye-laws along with the resolutions passed by the annual general meeting.
- The registrar will register the amendment upon satisfaction that the amendment does not contravene any act or rules that guide the functioning of a co-operative society.
- The Registrar will issue a certificate of registration along with the certified copy of the amendment.
By-laws for keeping pets
According to the Constitution of India, an apartment should not ban the keeping of animals in an apartment, with Section 11 (3) mentioning about the Prevention of Cruelty to Animal Act, 1960. It is also against article 51 A (g) of the Indian Constitution wherein, it is the duty of every citizen to have compassion towards animals, living creatures and improve the natural environment.
