{"id":1488,"date":"2011-02-08T14:21:06","date_gmt":"2011-02-08T08:51:06","guid":{"rendered":"http:\/\/apartmentadda.com\/blog\/?p=1488"},"modified":"2023-11-02T06:40:54","modified_gmt":"2023-11-02T06:40:54","slug":"contents-of-bye-law-apartment-owners-association","status":"publish","type":"post","link":"https:\/\/adda.io\/blog\/2011\/02\/contents-of-bye-law-apartment-owners-association\/","title":{"rendered":"Bye-Laws for Apartment Owners Associations"},"content":{"rendered":"
\"\"<\/a>

Bye -Law from Karnataka Apartment Owners Association Act<\/p><\/div>\n

As Per the Karnataka Apartment Owners Act, the purpose of the Bye-Laws and the norm of framing them are as below .<\/span><\/h3>\n

(1) The administration of every property shall be\u00a0governed by bye-laws, a true copy of which shall be annexed to the Declaration. \u00a0No\u00a0modification 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<\/p>\n

Thereof is duly filed with the competent authority.<\/p>\n

(2) The bye-laws shall provide for the following matters, namely:-<\/p>\n

(a) \u00a0The election<\/span><\/strong> from among the apartment owners, of a Board of Managers, the<\/p>\n

number of persons \u00a0constituting the same, and that the terms of at least one-third of the<\/p>\n

members of such Board shall expire annually: the powers and duties of the Board; the<\/p>\n

compensation, if any, of the members of the Board; the method of removal from office of 11<\/p>\n

members of the Board; and whether or not the Board may engage \u00a0the services of a<\/p>\n

Secretary, a Manager or Managing Agent, and specifying which of the powers and<\/p>\n

duties granted to the Board by this Act or otherwise may be delegated by the Board to<\/p>\n

either or both of them;<\/p>\n

(b) method of<\/span><\/strong> calling meetings<\/span> <\/strong>of the apartment owners; what percentage, if<\/p>\n

other than a majority of Apartment Owners, shall constitute a quorum;<\/p>\n

(c)\u00a0election of a President<\/a><\/span><\/strong> from among members of the Board of managers who<\/p>\n

shall preside over \u00a0the meetings of such Board and of the Association of Apartment<\/p>\n

Owners;<\/p>\n

(d)\u00a0election of a Secretary<\/span><\/strong> who shall keep a minute book wherein resolutions<\/p>\n

shall be recorded;<\/p>\n

(e)\u00a0election of a Treasurer<\/span><\/strong> who shall keep the financial records and books of<\/p>\n

accounts;<\/p>\n

(f)\u00a0maintenance, repairs and replacement of the common areas<\/span><\/strong> and facilities<\/p>\n

and payments therefore;<\/p>\n

(g) manner of\u00a0collecting<\/span><\/strong> from the apartment owners their share of the common<\/strong><\/span><\/p>\n

expenses;<\/strong><\/span><\/p>\n

(h)\u00a0designation and removal of persons<\/span> <\/strong>employed for the maintenance, repair<\/p>\n

and replacement of the common areas and facilities;<\/p>\n

(i) the method of adopting and \u00a0of\u00a0amending administrative rules<\/span><\/strong> and<\/p>\n

regulations governing the details of the operation and use of the common areas and<\/p>\n

facilities;<\/p>\n

(j) such\u00a0restrictions on the requirements<\/span><\/strong> respecting \u00a0the use and maintenance<\/p>\n

of the apartments and the\u00a0use of the common areas and facilities<\/span> <\/strong>not set forth in \u00a0the\u00a0Declaration, 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<\/p>\n

(k) \u00a0the percentage of the\u00a0votes<\/span> <\/strong>required to\u00a0amend the bye-laws<\/span>.<\/strong><\/p>\n

(3) The bye-laws may also provide for the following matters namely:-<\/p>\n

(a) subject to the provisions of this Act, provision for regulating \u00a0transfer or<\/p>\n

partition of any apartment and percentage of undivided interest in the common areas<\/p>\n

and facilities appurtenant to such apartment, subject to such terms and conditions as<\/p>\n

may be specified in the bye-laws:<\/p>\n

(b) provisions enabling the Board of Managers to retain certain areas of the<\/p>\n

building and lease to non-residents for commercial purposes and for distribution of<\/p>\n

resulting proceeds to the apartment owners as income or application thereof in reduction<\/p>\n

of their common charges for maintaining the building; and<\/p>\n

(c) any other provisions, not inconsistent with the provisions of this Act, relating<\/p>\n

to the audit and accounts and \u00a0administration of the property and annual and special<\/p>\n

general meetings, annual report and the like.<\/p>\n

Sample Bye -Law draft<\/strong><\/span> : https:\/\/adda.io\/blog\/sample-bye-laws\/<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

As 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\u00a0governed…<\/p>\n","protected":false},"author":10,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[2024,2019],"tags":[293,192,148],"class_list":["post-1488","post","type-post","status-publish","format-standard","hentry","category-adda-community-accounting","category-adda-india-housing-society-apartment-management","tag-bye-law","tag-society-accounting","tag-society-management"],"_links":{"self":[{"href":"https:\/\/adda.io\/blog\/wp-json\/wp\/v2\/posts\/1488","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/adda.io\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/adda.io\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/adda.io\/blog\/wp-json\/wp\/v2\/users\/10"}],"replies":[{"embeddable":true,"href":"https:\/\/adda.io\/blog\/wp-json\/wp\/v2\/comments?post=1488"}],"version-history":[{"count":1,"href":"https:\/\/adda.io\/blog\/wp-json\/wp\/v2\/posts\/1488\/revisions"}],"predecessor-version":[{"id":11469,"href":"https:\/\/adda.io\/blog\/wp-json\/wp\/v2\/posts\/1488\/revisions\/11469"}],"wp:attachment":[{"href":"https:\/\/adda.io\/blog\/wp-json\/wp\/v2\/media?parent=1488"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/adda.io\/blog\/wp-json\/wp\/v2\/categories?post=1488"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/adda.io\/blog\/wp-json\/wp\/v2\/tags?post=1488"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}