Respected Advocates, I am living in a low budget apartment complex in Bangalore. Builder has proposed a set of ByLaws for review by owners. Here multiple groups and owners seem to create problems instead of solving the existing problems in the society by unnecessarily involving in facility services which is the job of appointed facility manager and drag each other to join groups and unnecessarily disturb families who are living peacefully without disturbing others even after paying all maintenance charges. Probably, some owners don't have much work to do and hence, they try to get others involved as well and if someone denies, then they create problem for them somehow to keep themselves busy. I apprehend if the same situation continues even after association is formed, then it can become much worse. So I request all the possible ways and solutions which can be added in ByLaws by which the society can function smoothly with minimal intervention of the Board members when necessary so that peacefully living families don't get forcefully involved unnecessarily. So I have a set of questions. 1.Can I propose to attach an SOP(Standard Operating Procedure) of facility management to be attached with ByLaws or is it violating any provisions of 1972 act or in contradiction with anything? 2.Can I propose a strong method of automatic removal of Board members without consent if they themselves seem found to create problem for society under section 16, subsection 2(a) of 1972 act "Bye-laws and their contents.-" under certain circumstances? 3.Following above question 2, I mean can I propose the above method to be added to ByLaws by which under certain conditions the board member will be removed automatically under the conditions like misbehaving, abusing, threatening other owners, violating ByLaws themselves etc without any form of consent from anyone? 4.If the answer to the above question 3 is Yes, then can I propose 100% voting requirement to change the method of removal from ByLaws in future since in future ByLaws can be changed by majority voting in future General Body Meeting? 5.Following question 4, actually, here multiple owners have absolute no idea about association and ByLaws etc and hence, they might simply do the signature of consent without even knowing why they are signing it for to get majority to alter the method of removal. So is there a way to avoid such situations which can negatively affect the peace and harmony of future of the society? 6. Also, I doubt that the proposed ByLaws are copy paste version of 1960 act and is there a way to confirm for sure if it is applicable for 1972?
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1) SOP of facility management can be approved by members in AGM
2) there cannot be any automatic removal of office bearers
3) you cannot do so
4) there cannot be provision for 100 per cent voting . It is always majority vote
5) better consult a local lawyer regarding proposed bye laws to be adopted by your association
As per Karnataka Apartment ownership Act, 1972, "association of apartment owners" means all of the apartment owners acting as a group in accordance with the bye-laws and Declaration.
Therefore as an individual you cannot change the laws or rules in this regard.
(1) This Act may be called the 1 [Karnataka] Apartment Ownership Act, 1972.
(2) It extends to the whole of the [State of Karnataka].
There is a procedure laid down in the bylaws of the association for all the acts that you intend to do as an individual.
The copy of the bylaws reproduced in the bare acts is the bylaws applicable to the association as per the act referred above.
The proposed actions can be done only by the association and not by the individual members.
The contents of the bylaws are reproduced herein below for your information:
16. Bye-laws and their contents.- (1) The administration of every property shall be
governed by bye-laws, a true copy of which shall be annexed to the Declaration . No
modification of or amendment to the bye-law shall be valid, unless set forth in an
amendment to the Declaration and such amendment is duly recorded and a copy
thereof is duly filed with the competent authority.
(2) The bye-laws shall provide for the following matters, namely:-
(a) The election from among the apartment owners, of a Board of Managers, the
number of persons constituting the same, and that the terms of at least one-third of the
members of such Board shall expire annually: the powers and duties of the Board; the
compensation, if any, of the members of the Board; the method of removal from office of members of the Board; and whether or not the Board may engage the services of a
Secretary, a Manager or Managing Agent, and specifying which of the powers and
duties granted to the Board by this Act or otherwise may be delegated by the Board to
either or both of them;
(b) method of calling meetings of the apartment owners; what percentage, if
other than a majority of Apartment Owners, shall constitute a quorum;
(c) election of a President from among members of the Board of managers who
shall preside over the meetings of such Board and of the Association of Apartment
Owners;
(d) election of a Secretary who shall keep a minute book wherein resolutions
shall be recorded;
(e) election of a Treasurer who shall keep the financial records and books of
accounts;
(f) maintenance, repairs and replacement of the common areas and facilities
and payments therefor;
(g) manner of collecting from the apartment owners their share of the common
expenses;
(h) designation and removal of persons employed for the maintenance, repair
and replacement of the common areas and facilities;
(i) the method of adopting and of amending administrative rules and
regulations governing the details of the operation and use of the common areas and
facilities;
(j) such restrictions on the requirements respecting the use and maintenance
of the apartments and the use of the common areas and facilities not set forth in the
Declaration, as are designed to prevent unreasonable interference with the use of their
respective apartments and of the common areas and facilities by the several apartment
owners; and
(k) the percentage of the votes required to amend the bye-laws.
(3) The bye-laws may also provide for the following matters namely:-
(a) subject to the provisions of this Act, provision for regulating transfer or
partition of any apartment and percentage of undivided interest in the common areas
and facilities appurtenant to such apartment, subject to such terms and conditions as
may be specified in the bye-laws:
(b) provisions enabling the Board of Managers to retain certain areas of the
building and lease to non-residents for commercial purposes and for distribution of
resulting proceeds to the apartment owners as income or application thereof in reduction
of their common charges for maintaining the building; and
(c) any other provisions, not inconsistent with the provisions of this Act, relating
to the audit and accounts and administration of the property and annual and special
general meetings, annual report and the like.
Whatever changes you want to make to the bylaws can be done only in a general body meeting or a special meeting by a passing a resolution passed by the majority members of the association.
1 to 3 Yes
4. yes but it will be applicable subject to majority
5. you need to take their signatures with averments that they have been explained and made to understand the aforesaid clauses.
6. You need to compare and confirm. If any amendments are applicable you need to check the same
Dear Sir/ Ma'am,
1. one cannot change the bylaws or rules as an individual, but only as an association.
2. the action you propose can be done only by an association and not as an individual.
3. there is no 100% voting requirement, there is only a majority of the voters present at a general body meeting or a special meeting.
4. if you wish to proceed further with the amendment or change of bylaws it is advisable to contact a lawyer and ensure all procedures are met.
Respected advocates, We are ready to form association under KAOA, 1972. There is a confusion that whether election of association members like President, secretary etc should be conducted before registration of association or only after completion of registration of association for 1972 act? There are few cases of associations registered under 1972 and hence, there is the confusion. I will request you to kindly provide the provisions like sections or circulars or any such references which can be helpful to prove it. Thanks
after association is registered should election be called for to elect office bearers of the association
Before the property can be legally handed over to the owners, the builder has to register the Society within four months of sale of 60 per cent of the flats.
After registration it can be done
Dear Sir/ Ma'am,
The common practice is that such elections are carried out after registration of the association.
Thank You.