• Can apartment association share a copy of by-laws with a tenant?

We have a tenant who is insisting on getting a copy of our Apartment By-laws. I have checked our By-laws and there is no mention that the by-law must be shared with the tenant or it must not be shared. Now this tenant is insisting that without involving the owner he wants us to send him the by-law copy. He pays the monthly maintenance fee. We also share the agenda & minutes of the meetings with all the residents (Owners & tenants) so that ALL are aware of the resolutions taken. 

Should the tenants get a copy of by-law? Are they entitled to receive? We conduct monthly owners association meeting, so should the tenants also be invited? Are they allowed to join this meeting?
Asked 4 years ago in Civil Law

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11 Answers

Hello,

They do not have any right to claim the same, he may ask for the same from his land lord and not from the association.

No, since tenants do not have the right to vote therefore they do not have any right to attend the meetings.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear client,

Tenant is not the member of society so he is not entitle to copy of by laws. Neither tenant is required to be updated about resolutions but the actual owner who inter alia inform his tenant.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Yes the tenant can get copy of bye laws as the bye laws in some society also have rights and liabilities of the tenants so the bye laws can be given though same should be asked from owner not society no legal liability of society to provide same, further though tenant is no member of association so he cannot have right or say in the decision making of the association though they can join the meeting to see observe not more then that.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Since the tenant is bound by the act and bye laws the section 24 which provides that tenant shall be bound by the act under which it can be construed that he can be given a copy since he is bound by the said law.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) tenant is only nominal member of association

2) he is not entitled to copy of bye laws

3) tenants cannot attend meeting of members of association

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

1) refuse to give ten at copy of association by e laws

2) you can inform the tenant that he can vacate the premises if he is not happy with association decision

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

\Normally bye laws cannot be shared with the tenants. But if the landlord taken the permission of association to rent out then the tenant get such right. The relevant rules area as follows;

43. (1) A member may, apply to the society , of his intention of sub-letting of his flat and on receipt of the permission in writing of the Committee, subject or give on leave and license basis or care-taker basis his flat or part thereof or part with its possession in any other manner under the following circumstances:

(i) Where the member is required to go out of the area of operation of the Society for a long duration on account of exigencies of service or business or on account of the prolonged illness;

(ii) Where the member is unable to occupy the flat owing to absence of facilities for education of his children or is unable to secure admission to the school in the locality for them.

(iii) Where the employer, with a view to ensure efficient discharge of duties, requires him to stay in the accommodation allotted to him by his employer.

(iv) Where a member satisfies the committee about his inability to occupy or continue to occupy the flat for any other genuine reasons;

43(2) No member shall be permitted by the committee to sub-let, give on leave and licence basis or care-taker basis, his flat or any part thereof or part with its possession in any manner unless:

(i) he has made an application in the prescribed from;

(ii) he has furnished the application for nominal membership of the proposed sub-lettee, licensee, care-taker in the prescribed form;

(iii) his application contains the undertaking that

(a) he shall, by joining the society as a party to the proceedings initiate necessary legal proceedings against the sub-lettee, licensee, care-taker, on his failure to get vacant possession of the flat or part thereof on expiry of the period of sub-letting, giving on leave and licence or care-taker basis the flat or part thereof or parting with his possession in any other manner and meet the cost of the legal proceedings required to be incurred by the Society;

(b) he shall pay the charges of the Society every month during the period of sub-letting, licence etc.;

© he shall pay non-occupancy charges to the Society. Nonoccupancy charges shall be charged in accordance with the circular issued by the Government of Maharashtra and the Commissioner for Co-operation from time to time and shall not be levied if the flat is occupied by the “Family” of the member as defined under these bye-laws. Provided that while permitting the sub-letting, giving on leave and licence or care-taker basis the flat or part thereof or permitting parting with its possession in any other manner, the committee shall restrict the period thereof 11 months or for more period as desired by the managing committee, which may, on the request of the member be extended for similar period or part thereof from time to time.

(d) Non-occupancy charges shall not be levied to the flat purchaser who is intending to become a member and who submits the documentary evidence thereof. 44. The procedure for disposal of the application for permission for sub-letting, giving on leave and licence or care-taker basis, flats or part thereof or parting with their possession in any other manner, as laid down under the bye-law No. 65 shall be followed by the Secretary and the Committee of the Society. 45. No member of the Society shall assign, mortgage or create any charge on his occupancy right in the flat without the previous permission in writing of the committee. Provided that such permission of the society will not be required for assigning, mortgaging or creating any charge on the occupancy right in the flat for the purpose of obtaining loan ,either for purchase of the flat or for liquidating the liability incurred by him for the said purpose by way of loan or advance from the employer of the member or from the Life Insurance Corporation of India or from the Bank or the Society or any other agency approved by the Commissioner for Co-operation and Registrar.

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Rights and Duties of residents and Tenants in an apartment society

Rights of the residents in an apartment society:

• Every apartment owner is obliged to be a member of the apartment association which is formed for the welfare of the people.

• If it is a joint ownership, the first person named in the title document will be the member.

• Every apartment owner will be bound by the bye-laws.

• Residents of apartment are either apartment owners or tenants.

• All apartment owners are termed as members of society or association and all tenants who are staying in the apartment on a rented basis are termed as associate members.

• A resident has the right to attend the general assembly meeting and discuss the subjects.

• A resident has the right to get a copy of the co-operative society act and the bye-law.

• A resident has the right to get the list of members and managing committee.

• A resident has the right to get reports such as balance sheet, profit and loss A/c, details of income and expenditure of the society.

• A resident should not be discriminated between the members.

• A resident should not be imposed with unlawful restrictions.

• A resident has the right to get attended or addressed about his complaints and grievances.

• A resident has the right to take decision on the rate of contribution regarding the maintenance fee, maintenance and repair fund and sinking fund etc.

• A resident has the right to take decision about the penalty to be charged on members, violating by-laws of the society and to determine its amount.

• A resident has the right to participate in all activities of the society.

• A resident has the right to attend and vote at general body meeting.

• A resident has the right to contest election.

• A resident has the right to seek information from the society.

• A resident has the right to get the minutes of meeting.

• A resident has the right to inspect documents, books and records with prior notice to the management committee.

• A resident has the right to the occupation of flats.

• A resident has the right to complain at the registrar in case of an improper functioning of a society.

• A resident has the right to acquire the share certificate.

• A resident has the right to know about the affairs of the society.

• A resident has the right to transfer/inherit the property.

• A resident has the right to undivided interest of the common areas.

• A resident has the right to use the common area as needed.

Duties of the residents:

• A resident has to follow the regulations created in the general body meeting or managing committee meeting.

• A resident has to provide the necessary information and documents to the registrar or to the society.

• A resident has to follow the rules of the association and obey the bye-law.

• A resident should ensure that they maintain cleanliness in the common areas.

• A resident should respect their neighbours and their privacy.

• A resident should maintain good relationship with their society members.

Rights and duties of a tenant in an apartment society:

Rights of the tenants:

• The tenants have the right to get the leasehold/tenancy agreement.

• The tenant should be aware about the rules of having pets in an apartment.

• The tenants have the right to get proper receipt for the deposit, rent and maintenance paid.

• The tenants have the right to get a copy of bye-law and rules of association.

• The tenants are the associate members of the apartment association.

• The tenants have no right to vote or in an association decision making.

• The tenant should respect their neighbour’s privacy and follow the apartment bye-laws.

• The tenant has the right to use common areas and notify the landlord about any issues.

• The tenant should follow the guidelines for inviting guests and use the common areas.

• The tenant will not be discriminated between the members of the association and themselves.

• The tenants will not have any unlawful restrictions on them.

• The tenants have the right to invite the guests and use the common area or amenities.

• The tenants have the right to get parking badge or sticker on the vehicle.

• The tenants have the right to hire a domestic help.

• The tenants have the right to get apartment staff help like plumber, electrician, carpenter, pest control, etc.

• The tenants have the right to attend the association meeting on behalf of the landlord, if authorised by the owner of the flat in writing and agreed by the managing committee.

Duties of a tenant:

• The tenants are the members of the association and are bound by the bye-laws.

• A tenant should follow the rules and regulations created by the association.

• A tenant should regularly pay the maintenance charges in order to use the common are facilities.

• A tenant should ensure that they pay rent and maintenance fees on time.

• A tenant should interact with the managing committee or the apartment owner concerning the monthly charges.

• A tenant has to maintain the common areas clean.

• Tenants are responsible for the actions of their guests.

• A tenant should have apartment dumpster etiquette.

• A tenant should avoid having big parties or loud get-togethers

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

association can give bye-laws to its member and not to the tenant of the member

the tenant is not required to attend the association meetings unless he appears as a proxy for the member

you need not give any reasons or communicate with the tenant at all

association is concerned only with its members and not their tenants

the tenant can get in touch with the owner member for any clarification

henceforth for any requisition made by tenant, simply ask him to reach to his owner/landlord and also inform that no further communication of the tenant to the association will be henceforth entertained

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Ask him show the law. No such provision.

Except

All apartment owners, tenants of such owners, employees of owners and tenants, or any other person that may in any manner use property or any part thereof submitted to the provisions of this Act shall be subject to this Act and to the Declaration and the bye-laws of the Association of Apartment Owners adopted pursuant to the provisions of this Act.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Should the tenants get a copy of by-law? Are they entitled to receive? We conduct monthly owners association meeting, so should the tenants also be invited? Are they allowed to join this meeting?

If the tenants are required to pay the maintenance then they should be allowed to attend the meetings also.

They may not have the rights for voting or participate in the elections to office bearers.

The bye laws of the association are open and public document hence they can peruse the bye laws.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

Is there any law or reference that I can give to this tenant that he can not ask the Association and he must check with the Owner? He is telling me that he read The Karnataka Apartment Ownership Act of 1972 (KAOA) and as per that tenants are entitled to get a copy from the Association and not from the owner.

You may ask him to produce the copy of the relevant rules to enable you to supply the copy of the same.

You may ask him top contact the owner for this.

You cannot do anything if the owner passes the copy to him, hence better give him a copy, he cannot do anything with it.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

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