A Sample Bye-Law Draft

11/11/2015 Sample Bye-Laws - ADDA Blog - One App for Your Apartment

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Sample Bye-Laws

A Sample Bye-Law draft:

<ASSOCIATION NAME> (Regd.)

MEMORANDUM OF ASSOCIATION & BYELAWS

Registered office:

<apt name>

<address>

<City><Pin code> “<Association Name> ”

Memorandum of Association

PREAMBLE: In its efforts to promote and sustain an outstandingcommunity, the <APT NAME>

APARTMENT OWNERS’ ASSOCIATION shall be guided by a setof shared values,

to which all its members stand committed. These values,expressed as the guiding principles

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of the community, shall be the touchstone for the byelaws, rulesand operating guidelines of

the Association.

The guiding principles relate to:

Harmonious living culture

The emphasis here is on consideration for others, with residentsrelating to each other in the

spirit of mutual support and fellowship. The basis for all keydecisions is the greater common

good.

Good citizenship

Residents respect the rights of others. They also willingly and voluntarily conform to the

byelaws, rules and operating guidelines of the Association

Outstanding physical environment

High standards are maintained for all common areas, infrastructure and services. Also,

standards and guidelines are applied consistently and uniformly,where relevant to personal

property. Residents are guided in their actions by the need to conserve and protect the

environment. In the same spirit, the Association also activelypromotes and advocates the use

of eco-friendly methods for the long-term benefit of thecommunity.

NAME: The name of the association shall be “<APT NAME> APARTMENT

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OWNERS’ ASSOCIATION”, which shall be registered under theKarnataka Societies

Registration Act of 1960 and rules framed there under.

REGISTERED OFFICE

The Registered Office of the Association shall be at <apt name> ,situated at

<address>,

AIMS AND OBJECTIVES OF THE ASSOCIATION:

The main objectives of the association shall be:

a) To act as an Association of Apartment Owners of the Buildingknown as <apt name> , who have filed their Declarations submitting their respective Apartments to the

provisions of the Act, in such a manner as to protect thelegitimate rights, privileges and

interest of all its Members, with prejudice, or favour to none;

b) To provide for, and do all or any of the matters as laid down inthese Bye-laws;

c) To represent the Association before Government and otherauthorities for any common

purpose, which may impact the members monetarily or otherwiseand take all such steps

as may be necessary in this regard.

d) To represent the Association before Government and otherauthorities for any common

purpose, which may impact the members monetarily or otherwiseand take all such steps

as may be necessary in this regard.



e) To represent the Association in all matters pertaining to the common property of

“<APT NAME> APARTMENT OWNERS’ ASSOCIATION” and tonegotiate, carry

on litigation, settle or compromise with third parties any matter affecting the common

rights and properties.

f) To establish and carry on jointly with individuals or institutions, or its own volition,

educational, physical, social, recreational, or other activities, for the benefit of the

Apartment Owners AND for regulation, maintenance, up keep and welfare of all the

APARTMENT OWNERS.

g) To provide for the security, maintenance, repair, replacement, or improvements of the

BUILDING, and the COMMON AREAS AND FACILITIES by proportionate

contribution from the Owners, and, if necessary, by raising loansfor that purpose;

h) To carry out urgently needed repairs inside any of the units,which would otherwise affect

the building in common, if the apartment owner or the occupant ofthe unit fails to carry

out the same within the time prescribed by the respectiveapartment owner.

i) To establish, maintain and reinforce contacts to render help/assistance to all members

regarding the maintenance of the premises.



j) To invest, to acquire legal activity or deposit monies to theadvantage of the Owners,

notwithstanding, the profits and income derived from the aboveobjects shall be utilized

for the development and improvement of the association and shall not be distributed

among the members.

k) To frame rules and administrative procedure with the approvalof the general body of the

association. In exceptional / day-to-day cases, the MC is authorized to frame / change

rules from time to time.

l) To promote close co-operation between members and torender all possible advice and

guidance to members in any matter relating to ownership and enjoyment of living in

Apartments and to provide such amenities and facilities tomembers as the MC may deem

fit;

m) To carry out the above objectives and activities to facilitatetheir efficient and effective

functioning, to liaison, collaborate and share experience with individual and / or other

bodies and organizations with similar objectives in the city of Bangalore, organize

meetings or participate in them, make representations or carryout other activities of the

aforesaid objectives;



n) To do all other lawful acts for attainment of the aforesaidobjectives;

o) To engage the services of any professionals like contractors, architects, structural

engineers, Chartered accountants, advocates to take up anynecessary civil or structural

work or to take the services of any professionals initiating anyaction or defending the

same generally.

p) To frame rules, with the approval of the general body of theAssociation, to administer the

building and common facilities.

q) To do such other things as may be considered as to be incidental or conducive to the

attainment of the aforesaid objectives;

The Secretary of the Association is authorized to correspond anddeal with the Registrar,

Bangalore District, Bangalore;

The Association shall not act beyond the scope of its “Objects”without duly amending

the provisions of the Bye-laws for the purpose.

The income of the Association shall be utilized for the objects of the Association and

shall not be distributed among its members.

Signed by the Management Committee Members

“<APT NAME> APARTMENT OWNERS ASSOCIATION”

BYELAWS OF <APT NAME>



SHORT TITLE AND APPLICATIONS

a) The name of the Association shall be “<APT NAME> APARTMENT OWNERS’

ASSOCIATION”

b) The Registered office of the Association shall be situated at < office Address> <apt name>,

situated at <Address>

c) The provisions of these Byelaws apply to the <APTNAME> APARTMENT

OWNERS’ ASSOCIATION. All present or future owners, tenants,or their employees,

or any other person who is lawfully entitled to use the facilities ofthe said Building, in

any manner whatsoever, shall be subject to the regulations setforth in these Bye-laws.

The mere act of acquisition or rental or taking on license anyproperty or mere occupancy

of any of the Apartments in the <APT NAME> will signify thatthese byelaws have

been read and understood, are accepted, stand ratified and willbe complied with at all

times.

2. DEFINITION:

In these Bye-Laws, unless the context requires otherwise:

a) ‘ACT’ means the Karnataka Societies Registration Act, 1960and Rules, 1961 and also

the Karnataka Apartment Ownership Act, 1972 and Rules, 1975,both as amended from



time to time.

b) ‘ASSOCIATION’ means the <APT NAME> APARTMENT OWNERS’

ASSOCIATION constituted by such owners for the purpose ofcarrying out objectives of

the association as provided by the rule 3 of the Byelaws.

c) ‘COMMITTEE’ means the Management Committee of theAssociation consisting of the

President and persons all of whom shall be Apartment Owners (members/deemed

members) who are all residents of the Apartments in <apt name>;from among whom, a

Vice-President, a Secretary, a Treasurer, and a Joint Secretary will be elected by the

Members of the Management Committee(MC).

d) ‘BUILDING’ means the apartments in any of the towers andblocks in “<apt name> I &

II “, situated at <address> and known as <APT NAME>

Condominium and includes the land forming part thereof.

e) ‘OWNER’ or ‘APARTMENT OWNER/OWNERS’ means the person owning an

Apartment in the <APT NAME> Condominium with or without carparking space.

f) ‘RESIDENT’ means any person staying in <APT NAME>

g) “MEMBER” means an Owner, as aforesaid. Such an Ownershall have full voting rights,

provided that such rights are exercised by only one person inrespect of an Apartment



jointly owned by more than one person. In the latter event, the voting right shall be

exercised by the persons whose name stands first in the Declaration, unless otherwise

authorized by the other Owner/Owners of the said Apartments.

h) “ASSOCIATE MEMBER” means any person who is not an Owner, but is wholly

residing, occupying, or otherwise in lawful possession of anyApartments in the Building,

and who has been co-opted into the MC as hereinafter mentioned. Such an Associate

Member shall have no voting rights whatsoever.

i) “DEFAULTING MEMBER” means any Owner who has not paid the dues to the

Association for three months or over. Such defaulting Membersshall not be entitled to

any of the rights and privileges enjoyed by the other Members, orto the services, and

facilities offered by the Association, and shall forfeit all votingrights, whatsoever till all

dues are cleared.

j) ‘DEEMED MEMBER’ means a deemed member of theAssociation; the spouse, parent or

any one of the children above 18 years of age who is authorizedby such Owner and who

is also a Resident may be treated as a deemed member of theAssociation in place of such

Owner. If the Apartment is Company owned for residentialpurposes, the Company may



nominate a deemed member.

k) “REGISTRAR” means the Registrar of Societies, appointed under the Act, Bangalore

Urban District, Bangalore.

l) “APARTMENT” which may also be termed a “FLAT” or “UNIT”,(hereinafter referred

to as “APARTMENT”), means part of the Building , intended foruse as a family unit for

residential purposes, including one, or more rooms, and/orenclosed space with direct exit

to a Common Area, leading to a public road. The Apartment shallnot be used for any

purpose other than residential, except with specific, writtenpermission of the Managing

Committee, and under such terms and conditions as may be laidby it.

m) COMMON AREAS AND FACILITIES: Common Areas andFacilities, unless otherwise

provided in the Declaration, or lawful amendment thereto, means:

i) The land on which the Building is located, but excluding theBuilding itself;

ii) The foundations, columns, girders, beams, supports, mainwalls, parapets, roofs, halls,

corridors, lobbies, stairs, stairways, fire-escapes, entrances andexits of the Building;

iii) Yards, gardens other than those allotted for private use,parking areas other than those

sold, and storage spaces;



iv) The premises used as offices, store-rooms, rest rooms, or rooms for the lodging of

janitors, or persons employed for the management of theproperty;

v) Installation for the central services, such as power, light, gas, hot and cold water,

heating, refrigeration, air-conditioning and incinerating, etc;

vi) The elevators, tanks, pumps, motors, fans, compressors, ducts, filtration apparatus,

communication facilities such as cable for television and Internet access, security

equipment and installations existing for common use;

vii) Such community and commercial facilities as may be providedfor in the Declaration;

viii) All other parts of the property necessary, or convenient to itsexistence, maintenance

and safety, or normally in common use;

ix) Club House including all its fittings, fixtures, equipment, bothmovable and fixed

n) RESTRCTED COMMON AREAS AND FACILITIES:

Limited Common Areas are those portions which are part andparcel of the Common Areas

and Facilities, but are reserved for the use of certain apartment,to the exclusion of other

apartment, and designated as such in the Declaration.

This right shall be exercised only by persons who are whollyresident in the Building. Other

than the privilege of exclusive use, no right or title whatsoever to



these Limited Common

Areas shall accrue to the Owners of the Apartments to which theyare attached, save and

except as is vested in the other Owners by virtue of their owning an Apartment in the

Building.

No structure of any kind whatsoever temporary or permanent shall be erected or

fence/partition put up on any Limited Common Area that may obstruct, or impede free

movement in the event of an emergency of any kind. In addition,on the Limited Common

Areas adjoining the ground floor apartments, no trees shall beplanted, which may cause

7 similar hindrance. Structure/fences/trees which do not impede free movement, may,

however, be put up/planted, but with the specific, prior, writtenpermission of the MC, and

under such conditions as it may specify.

3. MEMBERSHIP OF THE ASSOCIATION:

a) Any person, or persons, HUF, Firm, Association of Personsand /or Company who/which

has purchased an Apartment in the Building from M/s <>Developers Pvt. Ltd. (here

after referred to as the “Developer”), shall automatically become the Member of the

Association and the “Deposit” paid by him/her per apartment tothe Developer towards



the proper upkeep of the building shall be transferred to his/her account with the

Association, or to the common account of the Association. Anydues to the Association

not paid for three months or more, at the discretion of MC, will bededucted from the said

deposit. A Member should be 18 years or above. Themembership shall not exceed the

total number of individual apartments.

b) Upon any Owner selling his/her/their Apartment, or absolutelyconveying the same by

way of gift, or otherwise, the Purchaser, or Donee shall, become a Member of the

Association with same right and privileges as the previous Ownerprovided the seller has

paid the Transfer Fee of Rs. X per sft of apartment area and, allother dues and obtained

a ‘No Dues Certificate” from the Association. The “Deposit” lyingin the account of seller

shall be transferred to the new member. Any short fall in the“Deposit”, as decided by the

Association and its office bearers has to be made up by the newMember.

c) On the death of an Owner, his/her/their Apartment shall betransferred to the person, or

persons, to whom bequeathed, or to the legal successor in caseno bequeathment has been

made. The Legatee, or the Successor shall, on satisfactorycompletion of legal formalities,



if any, automatically becomes a Member of the Association, with the same rights and

privileges as the previous Owner. No Transfer Fee need be paid,and the “Deposits” paid

by the deceased Member shall stand transferred to theSuccessor under the same terms

and conditions as aforesaid.

d) Each Apartment Owner may purchase a copy of the Byelawson payment of Rs. X

(Rupees X only.)

e) All owners will have to pay to the <APT NAME> APARTMENT OWNERS’

ASSOCIATION a sum as decided by the committee before thespecified last date. All

Revenue accumulated shall be deposited as a Fixed Depositin a Public/Private Sector

Bank or used to acquire legal activity to achieve effectively, theobjectives and welfare of

the <APT NAME> APARTMENT, as decided by the committee asa dedicated fund

termed sinking fund. The amount so collected shall be utilized for reconstruction of

common buildings or for carrying out structural additions oralterations to the buildings or

for carrying out heavy repairs/replacements, provided that suchreconstruction /repairs do

not fall within the ambit of any agreement with an external agencyfor maintenance of

<APT NAME> Condominium.



4. CESSATION OF MEMBERSHIP:

a) On the Death of an Owner. If before demise, title to the Apartment had legally been

bequeathed/transferred, the Legatee(s) shall automaticallycontinue as Member(s). In the

case of Joint Owners, the surviving Owner shall continue asMember;

b) On an Owner selling, gifting, exchanging or otherwisedisposing off the Apartment;

c) On a Trust, or Registered Company, winding up its affairs.

5. JOINT APARTMENT OWNERS:

Where two or more persons have purchased an Apartment jointly, they shall be jointly

entitled to the Apartment and the person whose name stands firstshall alone have the right

to vote. However, the first Joint Owner, by a letter of authoritydeposited in the office of the

Association, may authorize the other Joint Owner to vote onhis/her behalf.

6. ELIGIBILITY FOR VOTING IN CASE OF JOINT APARTMENTOWNERS:

Only one of the Joint Apartment Owners shall be entitled to voteor be eligible to be elected

and not all the Joint Owners.

7. DISQUALIFICATION:

No Apartment Owner or deemed member shall be entitled to voteon the question of the

election of Members of the Management Committee or the



President, Vice-President,

Secretary, Treasurer, Joint Treasurer, Joint Secretary or any other office bearer or be

entitled to stand for election to such office if he/she is in arrears in respect of his/her

contribution for common expenses to the Association for morethan 30 days on the day of

election. The names of Owners and the amounts in arrears formore than 30 days shall be

displayed on the Notice Board of the Association till such time, as the arrears remain

uncleared.

8. VOTING:

One or more persons: the voting rights shall be exercised by the person whose name

stands first in the Declaration, unless otherwise authorized by theother joint Owners of

the said Apartment.

a) A Trust: by any of the Trustees, duly authorized by the otherTrustees;

b) A Registered Company: by a Director, or any officer dulyauthorized by the Company.

c) Voting will be by secret ballot, or show of hands, as decided by the Members voting

either in person, or by proxy, as specified in Bye-law hereinbelow.

9. QUORUM:

For an Annual General Body Meeting or a Special General



Body Meeting, 30% of the

members or their duly authorized person can constitute a Quorum. In the absence of a

majority, the Meeting shall be adjourned and shall be held at thesame venue after one hour

on the same day, without further adjournment and with available members present.

Communication about the new time of the meeting will be put onnotice board.

10. VOTE TO BE CAST IN PERSON OR THROUGH PROXY:

In any Meeting of the Association, vote shall be cast in person orthrough a duly authorized

proxy. The authority to a proxy must be in writing. The proxy mustbe deposited with the

Secretary/President of the Association not less than 48 hoursbefore the time for holding the

Meeting. The proxy need not be a Member, but no person maybe a proxy for more than

four members. The role of proxy is only restricted to the extent of casting of votes as

authorized by the members. The proxy cannot participate in thedeliberations of the Annual

General Meeting.

11. POWERS AND DUTIES OF THE ASSOCIATION:

a) The Association shall be a non-profit organization.

b) The Association will have the responsibility of administering the <ASSOCIATION NAME>, approving theAnnual budget, collecting periodical and ad-



hoc payments and arranging for management of theCondominium in an efficient manner.

Except otherwise provided, a Resolution of the Association shallrequire approval by a

majority of owners either present in the meeting and casting votesin person or casting

votes through the authorized proxy.

c) The Association may frame rules to amplify these byelaws andthese rules, which shall be

applicable to all members /residents after they are passed in theannual general meeting or

a special general meeting (“AGM/SGM”). In the event of anydoubts or contradictions,

the byelaws shall prevail over the rules.

d) The Association shall generally look after and be responsiblefor safeguarding, promoting

and protecting rights and well being of members, and enforcingtheir respective obligation

to each other.

e) The Association shall represent the collective interest of the Community in <APT NAME>

with various external agencies.

f) The Association shall commence/defend any legal proceedings only in so far as it is

related or connected with and affects the Members and the affairsof the <APT NAME>

& its Residents.

g) The Association shall promote and strive for a peaceful co-



existence among all members

of the association.

h) The Association shall regulate the manner and prescriberestrictions and conditions for

and under which any member shall transfer or part with thepossession of his ownership

of a property in <APT NAME> so as to ensure compliance withthese bye-laws and

rules by the transferees.

i) The Association shall have unhindered access to all its facilitieslocated and designated as

Association Office for operation & its maintenance.

j) The association will not be responsible for any loss caused tomembers they might have

suffered by act of God like: earthquake, flood, fire, riot or willful act of any member

personally.

k) In emergent situations the President and or Secretary can takedecisions which may be

even out side the purview of bye laws but will seek ratification forsuch decisions from

the Committee at a later date.

12. PLACEMENT OF ANNUAL GENERAL BODY MEETING,SPECIAL GENERAL

BODY MEETING AND ELECTION OF CHAIRPERSON.

First meeting of the Association shall be held at the premises of <APT NAME>



Apartments. Chairperson to conduct the proceedings/meetingshall be elected from among

Members/deemed Members present, prior to the commencement of such Meetings.

President of the Association shall be the Chairperson for allsubsequent meetings. In his

absence, Vice-President will chair these meetings.

13. ANNUAL MEETING

The first Annual General Body meeting of the association shall beheld within one month of

the date of registration of the Association. Thereafter, the Annual Meeting of the

Association shall be held during any day of the month of July orAugust, in each succeeding

year. The Meeting may also transact such other business of the Association as may be

properly brought up before it.

The principal Officers of the Association shall be elected preferably by ballot among

Apartment Owners/deemed members in accordance with therequirement of the Byelaws.

14. SPECIAL MEETING:

It shall be the duty of the Secretary to call a Special General Body meeting of the

Apartment Owners as directed by a resolution of theManagement Committee or within 10

days upon petition signed by at least 21 members of theAssociation having been presented



to the Secretary. The notice of the Special Meeting shall state thedate, time and place of

such Meeting and the purpose thereof. No other business shallbe transacted at a Special

meeting except as stated in the notice.

15. NOTICE OF MEETING

It shall be the duty of the Secretary to circulate an e-mail, or anotice of each Annual or

Special Meeting, stating the purpose thereof and the Agenda forthe meeting as well as the

date, time and place where it is to be held, to each ApartmentOwner, at least 21 days prior

to the date of such Meeting. The circulation of this notice in themanner provided in this

Byelaw shall be considered as notice served. The notice shall also be displayed on the

Notice board of the association. No notice shall be required to besent in respect of any

adjourned meeting.

16. ADJOURNED MEETING:

If the meeting of the owners cannot be organized because of lackof quorum, the members

who are present may adjourn the meeting to the same day, 1hour later. And, the meeting

will take place with the available members. .

17. ORDER OF BUSINESS

The order of business at the Annual general body meetings of theAssociation shall be



stipulated by an Agenda that shall include, among other things,the following:

a) Roll call and election of chairman to conduct the meeting.

b) And reading of the agenda of the Meeting.

c) Consider and approve the Minutes of the preceding AnnualGeneral Meeting and Special

Meeting/s, if any and to note the actions taken thereon.

d) Consider and approve the Management Committee’s Annual Report for the preceding

year.

e) Report of sub-committees and their adoption, with changes, ifany.

Adoption of the audited accounts for the preceding year alongwith the Auditor’s Report

and the treasurer’s report, after discussion thereon.

f) Election of the office Bearers and members of the managementCommittee.

g) Adoption of the Budget for the following year.

h) Amendments, if any, to Rules and Byelaws of the Association.

i) Appoint auditors and fix their remuneration. Auditors soappointed shall hold office till

the next Annual General Meeting.

j) Any other business with the permission of the chair.

k) Consider, scrutinize, approve and accept the Income and Expenditure Account and

Balance sheet of the Association for the preceding year and approve and sanction the



annual budget for the next year;

l) Consider, approve, and initiate such action as may be necessary on the reports of the

secretary and Auditors;

m) Consider, approve and initiate such action as may be necessary on reports, if any

submitted by the committees;

n) Consider, and initiate such action as may be necessary on thereport of the Registrar, or of

the Officer duly authorized by him;

o) Consider, and deal with appeals against the action of the MC, if any, or any Member

thereof;

18. MANAGEMENT OF ASSOCIATION:

A Management Committee of the Members of the Associationshall govern the affairs of

the Association. The working hours for the office of the Association – which will be

manned by the appointed Estate Manager, shall be from 09.00hours to 17.00 hours on all

11 days except ( weekday), ((weekday) will be the weekly holiday)and other statutory holidays as

may be fixed by the Management Committee from time to time.

19. POWERS AND DUTIES OF MANAGEMENT COMMITTEE:

The Management Committee shall have all the powers, and duties necessary for the

administration of the affairs of the Association, and may do all



such acts, and things as are,

by law, or by these Bye-laws directed to be exercised and doneby the Owners. The MC

shall also have the powers to co-opt two persons from among theOwners, or from persons

who are not Owners, but are wholly residing, occupying, orotherwise in lawful possession

of any Apartment in the Building, to assist the MC in its day-to-dayactivities. In the latter

case, the persons so co-opted shall become “ASSOCIATEMEMBERS”, which title they

shall hold till such time they serve on the MC as co-opted Members. Such Associate

Members shall, however, have no voting rights whatsoever. The MC shall also have the

powers to appoint Sub-Committees from among its Members,and Associate Members, or

from persons who are not, Owners, but are wholly resident in anyapartment In the Building,

and assign such duties to them as they deem appropriate for the better upkeep of the

Building.

20. OTHER DUTIES:

a) The care, upkeep and surveillance of the Building, includingthe Common Areas and

Facilities;

b) The assessment, and collection of all charges towardsmaintenance/supply of goods and



services and the general upkeep of the Building;

c) The designation, employment, remuneration, and dismissal ofthe personnel necessary

for the maintenance and operation of the building, including theCommon Areas and

Facilities;

d) The setting up of a proper procedure for carrying out the audit and maintaining the

accounts of the Association;

e) To inspect the accounts kept by the Secretary, or Treasures,and examine the register

and account books, and to take steps for the recovery of all sumsdue to the Association;

f) To sanction working expenses, maintain cash balances, and deal with other

miscellaneous business;

g) To see that the Cash Book is written up promptly, and is signed duly by one of the

Members of the MC so authorised in this behalf;

h) To hear, and deal with complaints;

i) To make all payments to Government, semi-Government andother such bodies, as due

by the Association.

j) Finalize the Budget to be presented to AGM.

k) Present duly audited accounts to AGM

l) To levy and collect parking fee from owners who do not haveparking slots.



m) Authorized to enter into contracts with service providers

21. MANAGER/SUPERVISOR:

The Management Committee may employ, for the Association, aManager / Supervisor and

the other subordinate workers at remuneration determined by theManagement Committee

to perform such duties and services as the Management Committee may authorize. The

Management Committee may, by a Resolution, remove, dismiss,or suspend any employee

of the Association.

22. ELECTION AND TERM OF OFFICE:

a) The term of Office of the Management Committee elected atany Annual General Body

Meeting shall be for one year. New Committee members shall beelected at the Annual

General Body Meeting.

b) The retiring Committee members are eligible for re-election.

c) No Committee member shall be eligible for election for more than two consecutive

terms. It is clarified that such member is eligible for the re-electionto the Committee of

management after a gap of one year.

23. VACANCIES:

Vacancies caused in the MC by any reason, shall be filled in byco-option of another non

elected member at the management committee meeting held



next and such newly co-opted

member shall hold office until the conclusion of next Annual General Meeting of the

Association.

24. REMOVAL OF MEMBERS OF MANAGEMENT COMMITTEE:

At any Annual or Special General Body Meeting duly constitutedwith required quorum, any

one or all the Members may be removed, with or without cause, by a majority of the

Apartment Owners present at such Meeting and successors may,then and there, be elected to

fill the vacancy thus created. Any Committee Member, whoseremoval has been proposed by

the Owners, shall be given an opportunity to be heard at theMeeting. A person so removed

shall not be eligible to stand for election to the MC for a period oftwo years.

25. ORGANIZATION OF MEETINGS OF MANAGEMENTCOMMITTEE:

The first Meeting of a newly elected Management Committeeshall be held within ten days of

election at such place as shall be fixed by the President. At the Meeting at which such

Members were elected and no notice shall be necessary to the newly elected Members, in

order to legally constitute such Meeting, provided a majority of theManagement Committee

shall be present.



26. REGULAR MEETINGS OF MANAGEMENT COMMITTEE:

Regular Meetings of the Committee may be held at such date, time and place as shall be

determined from time to time by a majority of its Members and, atleast, one such Meeting

shall be held during each calendar month. Notice of regularMeetings of the Committee shall

be given to each Committee Member personally or by mail ortelegram at least three clear

days prior to the day named for such Meetings. The noticeshall also be displayed on the

Notice Board of the Association at least 3 days prior to theMeeting.

The Secretary shall maintain the minutes of all such Management Committee Meetings in

consultation with the President and shall cause such minutes tobe recorded within 30 days of

the meeting so held.

27. SPECIAL MEETINGS OF MANAGEMENT COMMITTEE:

Special Meetings of the Management Committee may be calledby the President on ten days

notice to each Committee Member, given personally or by mail ortelegram and such notice

shall state date, time, place (as herein above provided) andpurpose of Meeting. The period of

notice for such a meeting shall be decided by the President;dependant on the urgency of the

matter to be discussed at such meeting. Special Meetings of theMC shall be called by the



President, or Secretary, in like manner, and on like notice, on thewritten request of at least

three Members.

28. EMERGENCY MEETINGS OF THE MANAGEMENTCOMMITTEE:

Emergency meetings of the Management Committee may beconvened by the President or the

Secretary without notice giving sufficient jurisdiction for convening the meeting. All

decisions of the Emergency meeting shall be ratified at a SpecialMeeting convened for the

purpose within 15 days of the Emergency Meeting.

29. WAIVER OF NOTICE

Before, or at any meeting of the MC, any Committee Member,may in writing, waive notice

of such meetings, and such waiver shall be deemed equivalent tothe giving of such notice.

Attendance by a Committee Member at any meeting of the MC,shall be waiver of notice by

him of the time and place thereof. If all the Committee Membersare present at any meeting of

the MC, no notice shall be required, and any business may betransacted at such a meeting.

30. QUORUM FOR MANAGEMENT COMMITTEE MEETINGS:

At all meetings of the MC, the presence of one third of the MCmembers shall constitute a

quorum for the transaction of business, and the acts of theMembers present at the meeting at



which the quorum is present, shall be the acts of the MC. If at anymeeting of the MC, there

be less than a quorum present, the majority of those present mayadjourn the meeting to a

subsequent time and date. If at such an adjourned meetingalso no quorum is present, any

business which was tabled for discussion at the meeting maybe taken up, without further

notice, and the decisions arrived at shall be binding on all.

31. RESIGNATION

An elected Management Committee member may resign at anytime by sending a letter of

resignation to the President or in his absence to the Secretary of the Association, but the

resignation shall take effect from the date of acceptance by theManaging Committee or one

month from tendering resignation whichever is earlier.

32. DESIGNATION OF THE OFFICERS

The designations of the Principal Officers of the MC, or OfficeBearers as they may also be

called, shall be the President, who is so elected by theManagement Committee Members, the

Secretary, and the Treasurer, all of whom shall be wholly residentin the Building. A Vice

President, a Joint Secretary and/or a Joint Treasurer may alsobe appointed by the Committee

Members.

33. SELECTION OF OFFICE BEARERS



The President, Secretary, and Treasurer shall be selected by theCommittee, from among the

Members elected to the MC by the General Body. The selectionshall be made at the first

organization meeting of the MC, which shall be held immediatelyafter the Annual General

Meeting.

34. REMOVAL OF OFFICE BEARERS

Upon the written request of a majority of the Members of the MC,any Office Bearer may be

removed from his office by the President if he/she so desires; withor without assigning any

reason, and his successor/s selected at any regular meeting of the MC, or at any Special

Meeting of the MC called for such purpose. The person soremoved may, however, continue

on the MC as an Ordinary Member, if he/she so desires. Thedecision to remove a member

shall be ratified at the AGM immediately following the removalfailing which the removed

14 shall be entitled to be reinstated to the post he/ she washolding immediately prior to his/ her

removal and shall also be entitled hold such position as if he/shewas not removed.

35. PRESIDENT

The President shall be the head of the Association, and shallguide and supervise its various

activities. He/She shall preside over the Annual General, Special,and other MC Meetings, the



proceedings of which shall be conducted under his direction, andgeneral supervision. His/Her

rulings shall be final at all such meetings. He/She shall have an additional “CASTING

VOTE” in the event of a tie in the voting. The Vice President shallenjoy all the powers of the

President in his/her absence.

36. SECRETARY:

The Secretary shall be responsible to the MC for all day to dayactivities relating to the proper

management, maintenance and upkeep of the Building and shall:

a) Look after the administration and other affairs and attend to allcorrespondence;

Keep accurate minutes of the proceedings of all meetings of theMC, and of the Annual

General and Special Meetings;

b) Give effect to the directions and decisions taken at suchmeetings;

c) Collect all dues to the Association and ensure through theTreasurer, where appointed,

that proper accounts are maintained of all financial transactions relating to the

Association;

d) Manage, and control the staff, and take disciplinary actionwhere necessary;

e) Institute, prosecute and defend suits and other proceedings inwhich the Association may

be involved;



f) Prepare the Annual Report, and financial Statement ofAccounts under the guidance of

the MC;

g) Generally perform all such duties as are incidental to the Office of Secretary. The

Secretary shall maintain an imprest cash amount of Rs.20,000/ –(Rupees twenty thousand

only) for incidental expenses.

h) Maintain a Register of Members.

i) He shall have charge of such books and papers as themanagement Committee may direct

and He shall, in general, perform all the duties as authorized by the Management

Committee and incidental to the office of an association secretary.

j) The Joint Secretary shall work closely with the Secretary andshall perform the duties of

the Secretary in his/her absence.

37. TREASURER:

The Treasurer shall be responsible for the Association funds andsecurities and shall also be

responsible for keeping full and accurate accounts of all receiptsand disbursements in the

books belonging to the Association. He shall be responsible forthe deposit of all money and

other effects in the name and to the credit of the Association insuch depositories as may

from time to time be designated by the Management Committee. In the absence of



Treasurer, the Joint Treasurer will perform duties of theTreasurer.

38. OBLIGATIONS OF THE MEMBERS

a) The code of conduct are designed with keeping the commoninterest of owners/residents

in mind with the following objectives:

i) to ensure a SAFE & Secure and secure living environment forthe residents;

ii) to ensure COMFORTABLE and peaceful living for theresidents by ensuring that

the amenities and common facilities are in good shape andavailable to all;

iii) to facilitate residents enjoying the benefits of well connectedliving ;

iv) to preserve and enhance the BRAND VALUE of <aptname> by making it the

most desirable place to live in the city

b) In addition to following code of conduct, the Association may issue additional

guidelines in line with the above objectives. It is the responsibilityof the owners to

ensure that these are communicated to the residents in their apartment and are

complied with.

c) Every Member shall abide by the Bye-Laws of the Association and follow all

instructions of the General Body, as conveyed through theManagement Committee.



d) Every Owner shall pay monthly assessments as fixed by the MC for the proper

upkeep and maintenance of the Building, which may includemonthly payments to the

General Operating Fund, Reserve Fund and Sinking Fund, if anyfor periodic repair,

renovation, replacement etc. The assessment may also includean insurance premium

for a policy to cover the cost of repair of damages caused by hurricane, fire,

earthquake or other hazard or calamity.

e) The assessment shall be made pro-rata according to the areaof the Apartment vis-à-

vis the total area of the land on which the Building has beenconstructed. All such

assessments shall be paid within the prescribed time and place, failing which the

services rendered by the Association may be forfeited, asprovided for in the Bye-law

herein under.

f) Every Owner who lets his/her/their apartment for occupation by other on lease,

tenancy, mortgagee, or otherwise, shall include in the relevantAgreement, a clause as

approved by the Association, binding the occupant to pay, inproper time, the monthly

maintenance assessments DIRECTLY to the Association. A copy of the said

Agreement, along with an undertaking by the occupant to abide



strictly by the Bye-

laws of the Association, and to make payment in full, and in time,all maintenance

assessment as raised, shall be submitted to the AssociationBEFORE occupation of

the Apartment.

g) This, however, shall not absolve the Owner from his/her/theirresponsibility to ensure

that all assessments on his/her/their/ Apartment are paid in timeas specified by the

MC from time to time, and in the event of any default byhis/her/their occupant, shall

himself/herself/ themselves make all payment as raised by theMC.

h) Every Owner shall perform promptly all maintenance andrepair work within his own

apartment, which if omitted would affect the Building in entirety, or in a part

belonging to other owners being expressly responsible for thedamages and liabilities

that his/her/their failure to do so may endanger. In doing so he/she/they shall not

make any alteration, or modification which may affect the facade or the main

structure of the Building or the common walls or floors betweentwo units.

i) Every Owner shall bear the cost of all repairs to the internal installations of

his/her/their Apartments, such as water, light, gas, power,



sewage, telephone, air

conditioners, sanitary installations, doors, windows, lamps and allother accessories

belonging to the apartment.

j) Every owner/Resident shall fully, and without delay, reimbursethe Association for

any expenditure in repairing or replacing any damages to theBuilding including the

Common Areas and facilities caused through his/her/their fault.

k) Every Owner/Resident shall grant the right of entry to theMembers of the MC, or any

person authorised by them, in case of any emergencyoriginating in or threatening

his/her/their apartment whether the Owner is present or not.

l) Every owner/resident shall permit the Members of the MC orany person authorised

by them to enter the Apartment for the purpose of performinginstallations, alterations,

or repairs to the mechanical or electrical services, provided thatthe requests for entry

are made in advance, and that such entry is at a time convenientto the Owner. In case

of an emergency such right of entry shall be immediate andwithout notice.

m) Every Owner/Resident shall ensure that the Apartment is notused for any purpose

other than residential, except with the express, written permissionof the MC and that



other spaces allotted to him/her/them are utilised only for thespecified purposes for

which the allotments are made. No Owner/Resident shall use anypart of the Premises

for any commercial purpose whatsoever.

n) Every Owner/Resident shall ensure that his/her/their children play only at places

allotted if any and during the hours prescribed by the MC.

o) Every Owner / Resident shall ensure that the Building and theCommon Areas are

kept clean and tidy in all respects and that garbage or trash is thrown only in the

disposal installations provided for such purposes by the MunicipalCorporation.

p) Every Owner/Resident shall ensure that the rights andprivileges of other owners are

respected and that no inconvenience is caused to them in anymanner.

q) Only one family (plus domestic servant) may occupy one apartment. Subletting or

sharing an apartment, whether for monetary benefit or otherwise is not permitted.

Servant’s families are not to be permitted to share the apartment.Only one servant

can stay in the apartment

r) Every Owner/Resident shall ensure that the staff employed byhim/her/them bear a

good character and shall be responsible for their behavior andactions while in his /her



/ their service.

s) Every Owner/Resident shall use the lifts in such a manner asnot to damage them in

any way. Other then luggage, no package, box, crate or any other article shall be

permitted, except with the permission of the MC. No single itemweighing 50 Kgs

and above shall be allowed without the prior permission and in the presence of a

representative of the MC.

t) Every Owner/Resident shall exercise due care about makingnoise or any kind or use

musical instruments, radios, television sets, amplifiers etc that may disturb others.

Residents keeping domestic animals or other pets shall abide by the Municipal

Sanitary Bye-Laws or Regulations. MC may issue additionalguidelines to restrict the

hours for the activities that cause noise and disturbance to theresidents.

u) Every Owner shall furnish relevant particulars of any person/persons other than the

Owners themselves in occupation of his/her/their Apartment asmay be required by

the MC. A letter of authorization for such occupation shall begiven to the MC before

the occupation.

v) Every owner should inform the Association in advance about the change in



occupancy of their apartment. For every such change that involves movement of

household goods in or out of building, a Shifting Fee of Rs. x peroccasion will be

levied to cover the repairs for minor damages in common area,additional security and

housekeeping efforts put in by the Association. The Owner/Resident should take

adequate care that no damage is done to lifts or any othercommon area due to this

movement. The cost of repairing any major damages, at thediscretion of MC, will be

charged to the Owner’s account.

w) No Owner shall sell, or otherwise transfer his / her / their Apartment to anyone

without prior notice to the Association and/ or without paying in fullall amounts due

to the Association along with a Transfer Fee of Rs. x per sft ofapartment area and

obtaining a “NO DUES CERTIFICATE” from the Association. Anydefault in this

regard will result in the transferee being denied any or all of theservices rendered by

the Association including the supply of services that requireupkeep and maintenance

on a regular basis, unless the transferee undertakes in writing topay all the dues and

does so before occupation of the Apartment.

x) No Owner shall make any structural or other



modifications which may alter the

facade of the Building in any way, whatsoever, save and exceptgrills, which may be

provided as a measure of safety, but only as approved by the MC, and under its

written orders.

y) No Owner/Resident shall make any structural or othermodification or alteration or

repair within the Apartment or on installations located thereinwithout notifying the

Association through the President/ Secretary of the MC, andreceiving its approval.

The Association shall have the obligation to answer; within sevendays and failure to

do so within the stipulated time shall mean that there is noobjection to the proposed

modification, repair, alteration or installation being undertaken.The Association shall

not refuse permission, unless the work proposed is likely to affectthe safety of the

Building, or the installations provided therein, or alters the facade,or inconveniences

the Owners of the adjacent apartments.

z) No Owner/Resident shall place or cause to be placed in the lobbies, vestibules,

stairways, elevators and other areas both Common and limited any furniture,

packages, cycles or objects of any kind, except while in normaltransit through them.



aa) No Owner/Resident shall use any portion of the Common area of the Building

without the written permission of the MC. The MC may grantpermission for such

occupation, for short periods, for marriages or other social functions, at their

discretion, provided that the premises so used is released in thesame condition as it

was taken, and the cost of cleaning the premises, or repairingdamages if any, is borne

by the user.

bb) No Owner/Resident shall park his/her/their car or two wheeler except at the place

allotted to him/her/them. Owners of two wheelers not allottedparking spaces shall

park their vehicles inside the boundary of the Building only at thediscretion of the

MC. Visitors’ vehicles shall parked only in the designated area inthe Building. Only

one car shall be parked in the one covered parking space.

cc) No Owner/Resident shall install any machinery, or equipment,like generators etc in

the Common Areas, especially in the lobbies or under staircasethat makes a noise, or

causes disturbances to other residents, in any way.

dd) No Owner/Resident shall put up any hoarding, advertisement,notice, or poster of any

kind, in or on the Building, except as authorised by theAssociation.



ee) No Owner/Resident shall hang garments, rugs, etc. from the windows, balconies,

parapets, or from any of the facades of the Building, as this is strictly prohibited.

Further, no Owner/Resident shall dust rugs in any manner on thewindows, balconies

or on the Common Areas, including the lobbies and landings.

ff) No Owner/Resident shall install wiring for electrical, telephone, or fax machines,

television antennae, air-conditioning units, or machines on the exterior of the

Building, which protrudes through, or above the walls or roof,except as authorised by

the MC.

gg) No Owner /Resident shall engage any staff of the Associationfor any personal work

without the sanction of the MC.

hh) No Owner/Resident, or any person connected with him/her/them, shall cause any

damage, whatsoever, to any asset of the Association. In the eventof so doing, the full

cost of repairing such damage shall be borne by theOwner/Resident.

ii) No Owner/Resident shall use the Common Areas, includingLimited Areas, for any

purpose which may hurt the sentiments, or feelings of any of the residents. The

decision of the MC shall be final in any case of difference ofopinion.



jj) No Owner/Resident shall object to any work being undertakenby the MC which is in

the common interest of the Owners, even if such work may cause some

inconvenience to him/her/them.

kk) No Owner/Resident shall, under any circumstances, threaten, abuse, reprimand,

assault or in any way take up with the staff employed by theAssociation, but may

report any misbehavior, or neglect of duty by them to the MC.

ll) The MC may request the owners/residents to desist fromkeeping a pet if there are

reasonable complaints from the residents against it. Dogs shouldalways be on a leash

or carried while using the common areas. The pets

should be immunized regularly and the reports should be given tothe manager of the

building.

mm) All Owners/Residents are governed by the club rules which may be placed on all

notice boards from time to time.

nn) In case of inter apartment seepage/ leakages, exceptdue to inherent defect arising

during the construction of the building, the managing committee shall fix the

18 responsibility, in consultation with the concerned apartment owners, who shall be

responsible to repair the same and the decision of the managing



committee shall be

final and binding on the owner/ s concerned.

oo) Any Owner who fails to pay for three months, or more, any amounts due to the

Association, shall be deemed a “‘DEFAULTING MEMBER”, andshall be debarred

from voting, or standing for election to MC.

pp) Non-payment of dues to the Association for three months orover shall constitute just

and sufficient reasons, for the MC to deny the use of any, or all,of the facilities and

services, offered to its Members, PROVIDED that due notice inwriting, which shall

not be less than fifteen days, is given to the Defaulting Member.The Notice shall be

sent by Registered Post. In the event of the registered letter notbeing accepted by the

Defaulting Member, the Notice shall be affixed to the main door of his/her/their

Apartment, and also put up on the Notice Board of the Association for the

information of its Members. On expiry of fifteen days from thedate the Notice is

posted on the door of the defaulting Member’s Apartment, theAssociation shall be

entitled to initiate action for withdrawing its services to thedefaulting member.

qq) In the event of default in payment of dues to theAssociation for three months, or



more, the Association shall have the right to deduct such dues,from any Deposits

made by the Defaulting Member and held by the Associationalong with the penal

interest that may be fixed by the Association. And the association may initiate

appropriate legal action to recover the dues against such defaulting member in

accordance with law.

39. INCOME:

Funds may be raised by the Association in all or any of thefollowing ways:

a) By Membership Fees and Transfer Fees.

b) By contribution and donation from the Apartment Owners.

c) From surplus of Income over Expenditure which shall form the nucleus of the

Reserve Fund.

d) By raising loans, if necessary, subject to such terms andconditions of the Association

with the approval of the General Body.

e) By hiring/leasing of any permitted common areas/ facilities toproviders of commons

goods and services/ members.

40. INVESTMENT:

The Association may invest, or deposit its funds in anyone ormore of the following:

a) In any of the securities specified in Section 20 of the Indian



Trust Act, 1882;

b) In any Public Sector Bank, or Government Financial Institution;or

c) In any banking company, or institution, approved for thispurpose by the Association.

d) In the units of various schemes of listed mutual funds such thatno more than 20% of

the total investment of the Association is invested in equity funds.

41. AFFILIATION:

Should there be any Federation of Associations of ApartmentOwners in Bangalore, the

Association may become a member thereof and pay thecontribution from time to time

payable to such Federation under its rules.

42. ACCOUNTS:

1) A Banking account shall be opened by the ManagementCommittee of the Association,

into which all money received on behalf of the Association shallbe paid, provided that

the Treasurer or the Manager in charge may retain in hispersonal custody an amount

not exceeding Rs.x/- (Rupees <x in words > only) for petty expenses. All

payments above Rs.x/- (Rupees < in words> only) shall be madeby cheques signed

by the Treasurer and one or two Members of the ManagementCommittee as authorized

by respective Resolutions of the Committee.



2) The Association shall, on or before <Date> of each year,publish an audited Annual

Financial Statement containing:

a) The profits and loss account

b) The receipts and expenditure of the previous financial year.

c) A summary of the properties and assets and liabilities of the common area and

facilities of the Association, giving such particulars as will disclose the general

nature of these liabilities and assets and how the value of fixed assets has been

arrived at.

3) The audited financial statement shall be open to the inspectionof any Member of the

Association during the office hours and in the office of the Association, and a copy

thereof shall be submitted to the competent authority not laterthan 15 August every

year.

4) Every financial statement shall be accompanied by a complete list of the Apartment

Owners as on <Date > each year. The financial statement shallstate upto what dates

profits and expenses of common area are included.

43. PUBLICATION OF ACCOUNTS AND REPORTS:

The financial year of the Association shall be from 1 of April to31 of March. A copy of the



last financial statement and the report of the Auditor, if any, shallbe kept in a conspicuous

place in the Office of the Association.

44. APPOINTMENT OF AUDITORS

The Association shall appoint at its Annual General Meeting, anAuditor who shall audit the

accounts of the Association, to be prepared by the MC as here inbefore provided, and shall

examine the annual return, and verify the same with the accountsrelating thereto, and shall

either sign the same as found by him/her to be correct, dulyverified, and in accordance with

Law, or specifically report to the Association in what respecthe/she finds it incorrect, un-

vouched, and not in accordance with law.

45. POWER OF AUDITOR

The Auditor shall be entitled to call for, and examine any papersor documents belonging to

the Association relating to the Building, including the Common Areas and Facilities and

Limited Common Areas, and shall make a special report to theAssociation upon any matter

connected with the accounts which appears to him/her to requirenotice.

46. NOTICE TO ASSOCIATION

a) An Owner, who mortgages his unit, shall notify the Associationthrough the Secretary

of the Management Committee, the name and the address of the



party to whom the

unit has been mortgaged and the Secretary shall maintain allsuch information in a

book entitled “Mortgages of Units”.

b) An Apartment Owner shall notify in writing to the Association ofhis intention before

he conducts a Sale, Lease or mortgage Agreement in respect ofhis Apartment and in

such case he shall pay all the unpaid assessment of theAssociation including interest,

if any, on such outstanding balance. In case of a default, all suchoutstanding amounts

will automatically devolve upon the buyer or the new lessee.

Without an explicit written NOC from the association no such transaction – as

referred in (b) above is to be taken up. Any violation of this will betreated as null and

void.

The association will have first lien over the rent payable or overthe sale proceeds in

the event of any default by any member in paying the dues. Themortgager shall pay

all dues to the Association BEFORE affecting the mortgage, failing which, the

services of the Association shall not be made available to themortgagee.

47. SEAL OF THE ASSOCIATION

The Association shall have a common seal which shall be in the



custody of the Secretary and

shall be used only under the authority of the Resolution of theManagement Committee and

every Deed of Instrument to which the seal is affixed shall beattested, for and on behalf of

the Association, by two Members of the Management Committeeand Secretary or any other

person authorized by the Association in that behalf andchronological record of use of the seal

shall be maintained in a register kept for the purpose.

48. REGULATIONS, RULES AND ADMINISTRATIVEPROCEDURE:

The Association shall frame rules, regulations and procedures for the administration of

Apartments, its common areas and facilities as well as frameguidelines of restrictions and

measures designed to prevent the unreasonable and improperuse of facilities and common

areas which will interfere with the peaceful occupation of units by respective Owners /

Residents conducive to day to day living environment. Suchmeasures / restrictions shall be

implemented within a reasonable time.

49. AMENDMENT OF BYELAWS

These Byelaws may be amended by the Association in a dulyconstituted Meeting for

such purpose and no amendment shall take effect unless approved by the Owners



representing at least three-fifth (3/5) of the Apartment Ownerspresent at the meeting

Rules framed by the resident’s core committee is in the generalinterest of residents as

a guiding factor and the committee alone has the right to amendor alter the same.

Singed by Management Committee Members.

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Comments1. J V ATRE says:May 16, 2011 at 12:12 pm

wants to know about the monthly maintainance to be collectedfrom from each owner of the apartment. also to collect themajor building maintainance toward sinking funds. is it on sq ftbasis of equally distributed.

2. Rajendra says:August 3, 2011 at 1:18 pm

It is an very good draft of Memorandum of Association forsmooth and effective day to day working of the Apartment.Thanks

3. sanath says:February 12, 2012 at 7:23 pm

I found this very useful. Is there any guideline on how to fix themaintenance amount for the apartments? Specially wherethere are flats of different sizes? Thanks

4. san says:February 14, 2012 at 11:18 am

Thanks Sanath. Please find the required info here:

http://apartmentadda.com/blog/2012/01/10/guide-to-maintenance-charge-calculation-in-apartments/

http://www.freetimefoto.com/add_post_footer_plugin_wordpress

http://apartmentadda.com/blog/2012/01/10/guide-to-maintenance-charge-calculation-in-apartments/



5. shashikant says:April 20, 2012 at 6:04 pm

I REQUIRE NO DUES CERTIFICATE TO BEISSUED BY THE HOUSING SOCIETY

6. Pilla Nageshwara rao says:July 16, 2012 at 2:53 pm

Can you send me the bylaws to my society addressRajshridhara Tejpalnagari Netivali Kalyan eastKalyan Pincode -421306

7. Deekay says:July 29, 2012 at 8:39 am

I am a resident of an apartment. At the time of registration ofour association more than 100 times the amount required forregistration was demanded in cash from every flat ownerunder the pretext that without paying bribe to the authoritiesthe registration of association shall not take place. I refused topay in cash but paid through cheque. My name was notincluded in the association list submitted to Subregistrar for thepurpose. So as per govt records Iam not a member ofassociation.Imagine Rs 1,70,000/- were collected in cash and officialcharges paid for the whole apartment complex were Rs.1000/-plus typing charge @ rs 30/- per page.( 60pages). Rest of themoney got siphoned off as bribe!!!Which is the competent authority to file my complaint?.Thanks, Deekay

8. D MOHAN says:October 1, 2012 at 6:57 pm

I am a resident of local Housing Colony. Now the Builder wantto hand over the Colony to the Housing Society. Pl. Let meknow the Legal formalities and Documentation for forming aHousing Society, having 100 independent Houses in theSociety.

9. SRP says:October 6, 2012 at 5:22 pm

Hi,

I have few queries relating to what kind of accounts are to bemaintained by an apartment which has 21 flats.

http://pnrao12blog.blogspot.com/



Queries1. Should we maintain both Receipts and Payments andIncome and Expenditure statement?2. Do we need to provide for depreciation on computer usedby manager and pump set? As this is non-profit organization?3. Would an association be required to file any tax?4. Is it a must that an CA should audit an apartments account?

10. J R Postwala says:October 18, 2012 at 11:03 am

Kindly send me specimen draft of notice to be served tomember of Registered cooperative houshing society for notpaying their STATUTARY dues to the society for a longtime.Regards Postwala

11. Ravi Ranjan Jaiswal says:October 30, 2012 at 10:49 am

We (Tenants) of one of Delhi’s top society are facing seriousproblems from Society RWA. Tenants have been asked to payextra maintenance charges compared to owners who residesin the society. When asked, no explanantion given by RWA. Iwould request to please provide me RWA act in case sucharrangements are possible or provide us legal act to safeguardour hard earned monies. Please Help

12. knramesh says:November 1, 2012 at 12:10 pm

ours is not a registered apartment. thru mutual discussionsthings are moving. our builder is also staying in the sameapartment. please clarify :1. when the owner is not paying the monthlymtce.what is to be adopted for collecting.2. the builder has drawn illegal powerconnection from among the other owners ofthe same apartment thus inflated power bill tosome of the occupants.3. whether the owners of the apartment arehaving terrace rights.4. for fradulent act of the builders, whom toapproach for redressal.5. how can the apartment association getregistered.



13. Colonel (Red) Babu Lal says:November 9, 2012 at 5:38 pm

I wanted to know whether MC (Monthly maintenance Charges)paid by tenant and owner could be fixed different or the same?Can there be disparity in Maintenance charges paid on theground that dwelling unit in Housing Society is being occupiedby the owner or tenant?

14. Colonel (Red) Babu Lal says:November 9, 2012 at 5:39 pm

Please reply my Query.

15. venkat says:November 11, 2012 at 12:55 pm

If the Bye-law states that there can be a Non-Occupation-Charge ( NOC ), for a flat where Owner is not residing, thenyes, the Tenant needs to pay the additional NOC Charge.

As per Maharashtra Housing Society Law, the NOC charge is10% of the Maintenance Charge. Outside Maharashtra,Associations typically set a flat rate for NOC.

16. seema says:November 16, 2012 at 11:31 am

we got egistration but association is yet be formed meanwhileone apt owner errected a grill in corridorobstruction the access to onother owner of the apt , what legalaction is taken by builder or owner

17. Prakash says:November 25, 2012 at 5:13 pm

Few members of our registered Housing Association,having 30members, fail to pay their dues on account of maintenancecharges & other approved additional contributions by thegeneral body,they ignore several reminders/pleas to pay theirdues What is the course of action open to the Society?Canthey take these erring members to Consumer Court? and whatelse, Sir?

18. Praks says:November 26, 2012 at 3:02 pm

Our’s is a 12 Flats apartment building which does not haveassociation registered. But previous land owner (still owns 3

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flats) is still maintaining the apartment as per his whims &fancies and not calling for residents meeting and not providingany details of the expenses/income.

What are the legal options available to us to proceed andresolve this issue.

19. avinaash says:December 5, 2012 at 2:55 pm

Sir, can a neighboring plot holder use our housing society’sroad without our permission , without keeping his own road ,though it is possible? He is trying to get N.A. , T.P. permissionshowing this road as an approach to main road.Avinaash, Pune, rural.

20. Rmamoorthy TVS says:December 17, 2012 at 8:26 pm

We have 108 units in our Association of which one personowns 17 and another 13. These two because of their 30 votingrights stifle the Associations Growth. Is there any provision torestrict their voting rights to one only to each.

21. Deepak Gracias says:January 10, 2013 at 10:11 pm

can an association have the right to cut the water supply of ahousehold even when there are no dues pending bu the sameis carried out due to a non submission of lease details

22. K.Venkatesan. says:January 27, 2013 at 3:23 pm

I have the following doubts will you pl advise me:1. Can a commercila vehicle ( taxi registere car) be parked inthe common parking area by the owner of the flat.2.The expenditure / income account of the flat owner’sassosication to be audited or not.

23. R P AGGARWAL says:February 1, 2013 at 3:03 pm

Pl throw light on following:1. As per model bye laws of association of Delhi apartmentownership association, how the Board Members are elected.Are the President, Vice President, Secretary , Treasurer andMembers are elected directly by AGM or AGM elects only



members of board and President, secretary etc are choosenby the board Members. What is the term of the boardmembers – 1 year or 3 years?2. Election of all the board members is to be done throughAGM or only for one third members who are retiring annually.Are the retiring members are eligible for re- election or not?3. Whether the Returning Officer appointed by AGM, has thepowers to postpone or cancel the elections on his own.

24. Su says:February 12, 2013 at 8:57 am

The sample bye-laws above mentions:“Lifts should not be used for the transportation of pets – onlystaircase should be used for this purpose ”

This is illegal and unconstitutional and amount to crueltytowards animals. Please remove this from the sample sheet.

http://jaagruti.org/information-to-empower-you/how-to-act-when-your-society-rwa-puts-a-bar-on-letting-your-pet-dog-use-the-building-lift/

25. venkat says:February 12, 2013 at 9:34 am

We have now removed the line from the sample sheet. Thankyou for bringing this to our notice.

26. sundaram varadarajan says:February 25, 2013 at 10:42 am

What is the amount to be paid as transfer fee by the seller tothe Association of Apartment owners , . There is no clearinformation available in the bye laws or in the act ofMaharashtra state. Supreme court ruling on the subject , weunderstand that an amount of Rs 25,000/- only to be paid astransfer fee irrespective area of the flat or twin bunglow orbunglows. This may please be clarified.

27. Binesh Gupta says:March 3, 2013 at 11:53 am

I am a owner of a flat in an apartment. The parking space isnot marked by the builder which creates a confusion betweenthe members.Is there any guideline to do the marking/allotment?

http://jaagruti.org/information-to-empower-you/how-to-act-when-your-society-rwa-puts-a-bar-on-letting-your-pet-dog-use-the-building-lift/

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28. shibnath nandy says:March 6, 2013 at 5:31 pm

as a flat owner we want to take registration under west bengalsociety act how can we does

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Vijaya LakshmiIn our apartment one of occupants installed Wi Fi tower on terrace of ourapartment unauthorisedly. We hv advised him to remove the same. But till date hedid not respond what is the remit.

Like · Reply · Oct 8, 2015 12:33pm

Manoj Tadepalli · Delhi School of Economicswe had to fix the old water pipes supplying to all urgently on our terrace as it wasleaking and the seepage damaged the lower level woodwork and paint ( we have aduplex). As these pipes belong to the association, I have asked to be reimbursedaccording to cost incurred by me. Please let me know1. can the association claim that it is high and pay part cost only?2. is the association liable for damages inside the flat?

Like · Reply · Sep 3, 2015 2:47pm

Mahendera Nath Singh · BRD PG Deoria UPहमारी हाउिसगं मनेटे�श सोसायटी हम ेम�ेर नही ंबना रही 10000/- चाज� मागं रह ेह ै�ा िनयम केअनसुार ठीक ह ैसरकारी फीस िकतनी है

Like · Reply · Jun 24, 2015 8:30pm

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Like · Reply · Apr 23, 2015 4:35pm

Jacob Mathecken · School of Management Studies, Cochin UniversityWe are residents of a newly formed apartment complex . Maintenance charges arepaid towards building maintenance every month. There is a clubhouse too. What isthe normal law for use of clubhouse. Is it on pay and use basis. or is it compulsoryto pay? It is learnt that there is a court judgment against the compulsory chargingof clubhouse, that it is voluntary.Please enlighten

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Like · Reply · Mar 24, 2015 6:01pm

Nair Ramachandran · Goverment polytechnic kalamasseryI am one of the founder member of our apartment owner's welfare association andhave contributed many innovations, and recovered money from the builders whilehanding over the complex to the Association (Rs.1.80 lakhs) which they claimed tohave spent on maintenance work for the first year. I also worked hard and got areimbursement of Rs.1.69 lakhs from Bescom who were charging our commonarea consumption at the Industrial (Commercial rates). Both were possible as a co-opted member I had access to the accounts as per the bye-law which says atclause 6.9.11 that " Financial records shall be ma... See More

Like · Reply · Feb 6, 2015 6:11pm

Bbk Sinha.We would like to know the Name & Address of the competent authority to whomwe should approach for Registration of our Bye-Laws & the procedure to do so.

Like · Reply · Oct 16, 2014 9:05am

ApartmentADDASir, it would be the Registrar of Societies at the respective State/ City.

Like · Reply · Nov 19, 2014 6:59am

Ganesan Iyer · GM I/R H/R Admin at Power GenerationApartment Adda

Charity Commissioners' subordinates under the provisions of BombayPublic Trusts Act 1950 are empowered for the Registration of Trusts andSocieties Registration Act, 1860. The Societies Registration Act, 1860 forimproving legal condition of societies established for the promotion ofliterature, science, or the fine arts, or for the diffusion of useful knowledgefor the diffusion of political education, or for charitable purposes); the saidAct is enacted.

So far as the Registrars and Assistant Registrars The State Governmentmay, by notification in the Official Gazette, ... See More


katson_logisticsI am presiding Association of 35 flat owners. Making use of additional available FSI,there is a majority of constructing an additional floor which is also possible as perexperts opinion. DO WE REQUIRE ALL 35 MEMBERS CONSENT?? There are 29members who have given clearance for this and the additional use of FSI is veryprofitable to the Association....

Like · Reply · Aug 13, 2014 11:00am

varicolilI am one of the founder member of our apartment owner's welfare association andhave contributed many innovations, and recovered money from the builders whilehanding over the complex to the Association (Rs.1.80 lakhs) which they claimed tohave spent on maintenance work for the first year. I also worked hard and got areimbursement of Rs.1.69 lakhs from Bescom who were charging our common

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reimbursement of Rs.1.69 lakhs from Bescom who were charging our commonarea consumption at the Industrial (Commercial rates). Both were possible as a co-opted member I had access to the accounts as per the bye-law which says atclause 6.9.11 that " Financial records shall be ma... See More

Like · Reply · Jul 28, 2014 4:13pm

ksn552003Can there be different maintenance rates to the tenant compared to the residingowners of the flats? In our apartment complex, MC is forcing rs 2.0 per sq ft fromtenants and rs 1.4 per sq.ft from owners. Why shall a tenant pay higher charges forthe same maintenance services ? Is it legally valid? Pl clarify and give somereference material. Satyanarayana .K -- 9845447498


Sounak MitraI stay in an apartment in Kolkata. My flat is in the top floor. Some years back i hadinstalled a split air conditioning machine in my house The outdoor unit of the airconditioner was installed in the roof and not in the peripheral walls due to safetyreasons as the drive way and place for playing of children are directly beneath myflat. Can this installation of the ac unit be treated as encroachment of public spacegiven the reason for which it was used?

Like · Reply · May 31, 2014 5:34pm

ApartmentAdda Blr · Works at ApartmentADDAThe decision of using the Terrace for AC outdoor unit or Dish antennas istypically under the purview of the Association By-Laws. Do look up the By-Laws, in case not present in the By-Laws, you have to check with theAssociation Office for guidance.


Sounak MitraCan you please provide me with the link?


ApartmentAdda Blr · Works at ApartmentADDASounak Mitra Your Association By-Laws will be specific to your ApartmentComplex. You could request the Association Office / MC members for acopy of the By-Laws.


Vijay Kumar · Works at [email protected] wish to know whether it is legal to purchase an apartment in Bangalore and use itfully for a non-residential purpose ? Being a doctor,I plan to use it for a medicalclinic.A builder has offered an apartment on the first floor and says I can use it to run aclinic and there are many places elsewhere where they use it for non residentialpurposes.There are 15 apartments in this building.

Like · Reply · Mar 17, 2014 1:33am

ApartmentAdda Blr · Works at ApartmentADDAThe ultimate say will lie with the Association General Body (majority


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The ultimate say will lie with the Association General Body (majorityowners). Some Associations find it beneficial to have a Clinic within theBuilding, some may not. Assuming you obtain the necessary commercialclearances needed to run a clinic in a residential flat (e.g., electricity billmay be at commercial tariff, unless it is differently treated for medicalinstitutions), other possible issues such as - hours of operation, disposal ofbio-medical waste, lift usage etc. may have to be discussed with theAssociation and a consensus obtained. Typically ground floor flats areutilized for such mixed usage.

Like · Reply · 1 · Mar 17, 2014 11:11am

Raju Chaubey · Junior Engineer at Indian Railwaysplease let me know which area or loacation eg staircase, parking etc is consideredas common premises for apartments, under gujrat co operative housing societiesact and which falls under the scope of the maintainence committee? The commonpremises are maintained by the maintainence committee but which are thesepremises?

Like · Reply · Nov 7, 2013 3:44pm

ApartmentAdda Blr · Works at ApartmentADDAAll area outside the Flat (area used exclusively by one owner) and withinthe Gates of the Society are under the scope of Common Maintenanceexpenses.


Roshan Saraogi · Kolkata, Indiapl let me know the total election process under west Bengal apartment ownershipact 1972.

Like · Reply · Aug 23, 2013 1:50pm

Arshad Khan · QA at InSync Healthcare SolutionsI am a committe member of resident association in Bangalore(gated community),which is registered. while doing internal audit, we found many mispropriation offunds by the ex committee, to prove it, what are the procedures, we would like toappoint a government auditor for the sake of the residents to prove it is notfabricated by the present committee, please advise for further course of action.

Like · Reply · 1 · Aug 7, 2013 1:12pm

Indrani Biswas · Kolkata, IndiaI am the Secretary of Galaxy Tower Association, Kolkata, West Bengal. In ourbuilding some flat owners are refusing to pay for lift maintenance, can they bestopped from using the lift.

Like · Reply · Jul 23, 2013 10:59pm

ApartmentAdda Blr · Works at ApartmentADDAResidents cannot choose to pay certain common maintenance expensesand not pay others. Most Associations do not accept partial collectionsmeant for specific expenses only. Collection from a flat is uniformly appliedacross all common expense heads present in the Maintenance Bill of theFlat. In case of default, the steps decided in GBM can be executed.Typically the Generator supply, Housekeeping Services, Security Services



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Typically the Generator supply, Housekeeping Services, Security Servicesand other such expenses paid from Common Fund, are withdrawn inextreme situations. If such uniform system of billing and allocation ofcollection is difficult in the current setup, do consider usingApartmentADDA automated Billing System.


Srinivas Kalluri · Business Development Manager at Intel IndiaIf an owner does not want to become member of an association what is the care tobe taken? What rights would he lose and what would he gain by not becoming amember. How should the association be careful?


ApartmentAdda Blr · Works at ApartmentADDAAn Owner does not have a choice when it comes to membership of theHousing Society / Apartment Owners Association. Typical Deeds ofBuilders contain a clause that by virtue of Ownership the Owner will also bea Member of the Association. The Association (General Body) creates itsrights it bestows upon its Members (e.g., the right of entry of car uponhaving the car sticker, "NOC" - No Objection Certificate at the points of Re-Sale, Move-In Move-out, Right of utilizing common facilities like Clubhouse,Swimming Pool, Gym etc.


Choppalli Venkata Krishna · Civil engineerI am the President of an Apartment's Association. We wish to raise funds fromOwners for renovation works. If they refuse to pay how can the association takeagainst the individual on his/her denial?

Like · Reply · Apr 29, 2013 12:39pm

ApartmentAdda Blr · Works at ApartmentADDAUltimate remedy is legal action by the Association lawyer against theDefaulter. This assumes the fund raising is approved by GBM. Also, toavoid such ad hoc fund raising, a systematic Sinking Fund, or Corpus Fundcan be structured, which becomes part of the monthly or quarterlymaintenance bill. The monthly maintenance bill must collect towards day-to-day regular expenses (maintenance charges), mid-term expenses(Repair and Breakdown Fund), Long term expenses (Sinking Fund). Acorpus fund can be structured to be utilized for major renovations. Thismay seem tedious to perform manually. Using an automated society billingsystem like ApartmentADDA makes this easy.


Ganesan Iyer · GM I/R H/R Admin at Power GenerationA collective opinion of the members are to be elicited in the General BodyMeeting to take recourse of their denials. Stick and carrot approach mayworsen the efforts.


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