• Condominium by-laws in Mumbai

I wish to know that with time , there has been many changes in the Co-op Hsg societies bye laws commencing from the process of management committee election ,usage of common areas , levying penalties on delayed / non payment of society dues etc .These changes come into effect to all Co-op Hsg Societies irrespective of their date of inception. However in case of Condominium it appears that the bye laws which were registered at the time of ownership remain unchanged irrespective of any changes in the environment. 
The managing committee feels so empowered that they flout all bye laws in carrying out their duties with no fear of any challenges. 
This is because in case of Condominiums, members apparently have to always approach the courts which eventually results in long drawn and expensive legal suits and so avoided. 
My question is can the member(s) of a Condominium not place their grievances to any other authority like Registrar of Hsg Societies,Consumer Court , or seek Arbitration prior to approaching the High Court. 
Kind Regards
Debashish Bhattacharya
Asked 7 years ago in Civil Law

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2 Answers

there is generally a clause regarding amendment of bye laws

Amendment of Bye-laws: These Bye-laws may be amended by the Association at any duly constituted General Body Meeting of the Unit Owners convened for such purpose...

2) if you are aggrieved by the decision of the Managing committee you are at liberty to move the court for necessary reliefs

4) registrar of cooperative housing societies would not intervene

5) if there is arbitration clause provided in bye laws disputes can be referred to arbitration

Ajay Sethi
Advocate, Mumbai
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Condominium, is a group of housing units where owner of each home owns individual unit space and ownership of common areas is shared by all. Every unit is called “apartment” and owners the apartment owner(s). A condominium is formed under Maharashtra Apartment Ownership Act, 1970.

In Condominium the Court having jurisdiction over the area in which the Condominium is located hears the disputes.

In a Condominium every apartment owner has voting right in proportion to the value of his premises, which is generally as per the area of the apartment and is defined while forming the Condominium.

In condominium, members of the apartment owners association elect a “Board of Managers” which in turn elects President, Vice-President , Secretary and Treasurer to manage day to day affairs.

In condominium, it is an apartment. If an apartment owner fails to comply with the byelaws, rules and regulations, either damages or injunction relief or both can be claimed against him.

The above are certain basic information about the condominium.

What is that you wanted to clarify here

T Kalaiselvan
Advocate, Vellore
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