You will also find it easier to communicate the legal aspects with your real estate lawyer if you’re aware of these bye laws and their contents.
One major aspect of these bye laws is that these cannot be modified or tweaked with, under any circumstance. In order to modify a few bye laws for practical purposes, they should be placed as an amendment along with the Declaration. Only persons with authority will be authorized to fill up such an amendment.
What Bye Laws Are
These bye laws will be mainly responsible for governing the activities of the managing committee. While deeds and declarations will be part of the legal processes associated with obtaining an apartment, bye laws will be more focused towards the managing committee in an apartment complex and how members are initiated and expelled from the same. This is why it is mandatory to have some sound knowledge on these issues in order to exercise your rights to the fullest.
What They Involve
- Bye laws for apartment complexes will be mainly concerned with the following issues:
- Bye laws will apply to the method through which the Board of Managers or the Managing Committee in an apartment complex is elected. This is the main area where these laws are applicable. Bye laws will clearly cover the following aspects under the subject of the Managing Committee
- The strength of the committee (that is, the number of members the committee can/should have)
- The term that each member in a particular position in the committee can serve
- The methods involved in the initiation and removal of members of the board
- The collective powers that the members of the board possess
- The collective list of duties for all members of the board
- The bye laws will also specify the conditions under which the services of a secretary can be engaged in the apartment association. They will also specify the powers that any individual acting as secretary in the apartment association will have.
- The bye laws will specify the method through which a Secretary can be appointed or elected. The Secretary’s main duty under the bye laws has been specified as ‘maintaining the resolutions and minutes of every meeting’.
- The same details as mentioned above will also be specified for the Treasurer’s post.
- Bye laws will also cover the procedure for appointing and relieving maintenance personnel.
- The bye laws also clearly state the conditions under which every resident should use the public spaces in an apartment complex, without interfering with the activities or privacy of other residents.
These laws can help you get a fair understanding on the rights you hold as a member of the apartment association. They will also help you exercise your rights regularly and in the right manner.
Related Post: Bye Laws: The Constitution of your Apartment Association
This article aims at collating and providing information for benefit of ApnaComplex customers and blog readers. While ApnaComplex has taken every care to ensure the information is accurate, we suggest to please use it only as a guidance for further discussion and action with help of relevant professionals. If you need professional advise on this topic and any other property related matters, please send your request through our contact us form. You may post your questions/inputs in the Comments section below and we will try and get them answered through relevant subject matter experts.