Hi,

The bye laws of society is framed by the initial subscribers of the society.

The bye-laws framed should be changed in line to model bye-laws provided in the apartment act and should not be ultra vires to the act.

The copy of the documents so framed can be obtained from RWA office by an application in writing and they are bound to provide else you may complain to the registrar of societies.

Any bye-laws so adopted must be displayed on the notice board and any change in bye-laws is approved by the 2/3rd of members and acknowledged by the registrar.

For all your problems if not sorted out you may complaint to register.

You are entitled to copy of bye laws

2) you can take inspection of model bye laws and on payment of xerox charges entitled to copy of bye laws

3) you are absolutely correct that association would be in trouble in case any case is filed by members of the association for violation of bye laws

4) if any member uses premises for commercial purposes association can take legal proceedings against saidember

5) member cannot reject bye laws . It is binding on members

Hi, you can challenge the bye - laws , in court for permanent injuction If they are in prejudice to the residents to obtain a stay order ..

1. Yes, your are right and You have right to know the by laws all the time.

2. Issue legal notice to get the new set of by laws.

Don't worry, your rights are very much protected irrespective of what has been mentioned in the bye laws of society.

The society bye laws can't trample upon the rights of a citizen including hus right if livelihoods by running trade and commerce.

So if any cluase of tge bye laws infringes your legal right the court ignores such bye laws.

Dear Client,

New set of rules, can carried into effect without submitting the proposal by the governing body to the members

of the society prior to 0 days notice to members about holding of a special meeting and with the approval of 3/5 members. Issue a notice to the society, about this procedural lapse and provide net sets of proposal with the declaration, the new effected rules are invalid for above lapse and not binding.

Seek the bye-laws by preferring an information under the RTI Act.

Seek information both from the concerned Housing Society and from the Registrar of Societies.

Any decision taken by the association to amend the bylaws, that has to get the consent of the members as per law and a resolution to be passed in the general meeting.

If such amendment are not made through such procedures, then they are not valid

The association should keep the books open for the inspection of the members whenever one wants to inspect the same.

The association cannot refuse to show the books or the bylaws or any change in the procedure or rule to its members.

If there are no members there is no association.

Need a correction

in first line

read as - cannot carried

AND

in 2nd line

10 days.

Best of luck