• Apartment association

Hello sir, our association ppl showed us the by laws and since there were error couldn't register. Agent gave other bylaws copy and without showing that new copy to us they registered the by-laws. Is it legally accepted behaviour of the association. Why should I obey the bylaws which were not shown to us?. How should I react.
Asked 8 years ago in Property Law
Religion: Hindu

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11 Answers

Well, before the formation and registration of society its bue alws must be approved by the majoerty flat owners.

if it is not then the flat owners can apply for this cancellation.

In this case if you think most of the flat owners are agaisnt the terms of the bye laws as it was not placed before them for thoer apprpoval then they can apply forrdereistering the spciety so new society with new bye laws can be formed.

Devajyoti Barman
Advocate, Kolkata
23670 Answers
538 Consultations

Copy of bye laws should be available for inspection at association office

2) notice should be issued to all members that adoption of bye laws would be placed before AGM

3) if resolution is passed in AGM then model bye laws would be binding upon all members

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Basically without seeking approval of the general body, they couldn't had went ahead and get the RWA and the said byelaws registered.

Thus, any such stipulations in the byelaws which weren't a part of the original byelaws (one which was perused by you) aren't binding upon you. That's because approval of the general body was not sought.

Press for amendment in the prevailing byelaws.

Vibhanshu Srivastava
Advocate, Lucknow
9770 Answers
323 Consultations

if builder is not not submitting audited accounts and calling an EGM to handover operations to the association then residents should file complaint before consumer forum seek court orders to direct builder ti submit audited accounts , form society , execute conveyance in favour of the society formed

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Hello sir , the association can only be formed after builder handover the project .. Before the handover it is builder liability to Mangaon the project at its own cost ... The association people are violating the law under RERA ..2) the builder has to handover the project after the posession date .. If he is refusing to do so , you can approach consumer forum ..,

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Builder has to initiate the Constitution of RWA.

If the builder doesn't takes steps to do so, all of you can do this at your own level. Though builder's participation in the formation of RWA is useful, it is not necessary.

Vibhanshu Srivastava
Advocate, Lucknow
9770 Answers
323 Consultations

Project Maintenance can't be handed over from the builder to the RWA, unless the later is duly constituted.

Vibhanshu Srivastava
Advocate, Lucknow
9770 Answers
323 Consultations

It is advised that the bye laws formed are to be approved by the majority of the flat owner if the same has not been approved by the majority members then such members can apply for cancellation of the said society and may reuest for new society with new bye laws

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

It is to be said additionally that the RWA is formed generally once the project is complete and handed over, if the builder is not providing the previous records, go ahead and file a complaint before the consumer forum.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

The bye laws are common and applicable equally to all.

Since it is already registered now there will be no purpose solved by agitating against it at this stage.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Once an association is formed then it becomes the duty of the association to procure possession from builder.

The office bearers of the association are to be pressurised for speedy takeover.

You have to pay the monthly maintenance to the association being a member and cannot claim exemption.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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