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Bye Laws

It is a well known fact that a residents welfare association is a necessary wing in every gated community. These apartment associations help in organizing all public events in an apartment and play an active role in maintaining the apartment’s infrastructure by giving out responsibilities for all its members, so that they do their share for maintaining the apartment as a haven for harmonious living.

You’ll need to know the lowdown on what goes on within the ranks in an apartment in order to fit yourself into the association, and find your true calling in the group.

Every member has to contribute effectively run an apartment’s Welfare Association

Every member has to contribute effectively run an apartment’s Welfare Association

The Roles

When an apartment association or resident welfare society is formed in an apartment complex, all apartment owners are termed as members and all tenants who are staying in the apartment on a rented basis are termed as associate members. All members together form the general body of the apartment association.

The top tier in an apartment complex is called as the Management Committee. This Management Committee comprises of a President, a Vice President, A Secretary, A Treasurer, and other office bearer members. Some of these roles have already been discussed earlier. People are voted into these respective positions by all members, excluding associate members.

The Management Committee in an apartment association serves as a section that deals with all legal issues and upholds human rights and other interests within the apartment. The Management Committee has its own fair share of duties in an apartment complex, a few of which have been discussed below.

Management Committee Duties

  • The Management Committee in an apartment association is responsible for organizing public amenities for all residents in the apartment (including gyms, parks, and roads).
  • The committee is also primarily responsible for organizing cultural activities during particular occasions like national holidays (flag hoisting and other group activities).
  • The committee is in charge of organizing recreational facilities for all residents too.
  • The Management Committee should defend the interests and rights of every single member in its ranks, especially in the face of legal issues and the like.
  • The committee will also be responsible for handling all documents related to the apartment complex, and it has to ensure the safety of these documents too. The licensure and permission given for the building’s construction also needs to be maintained well by the committee.
  • Maintaining financial records and bank accounts will also be the committee’s responsibility.
  • The committee also has to ensure that the amount of money collected from all residents for maintenance purposes is effectively spent on repairing and improving the infrastructure and should maintain records for the same.
  • The Management Committee should also conduct regular meetings including all members and discuss everyday issues and problems and doubts if any, which can be clarified during the course of these meetings.

All members of the apartment association should attend such organized meetings and should exercise their right to vote in the face of committee issues. They should also follow all guidelines stated by the Management Committee and in this way, contribute their part to the community, making the apartment complex a peaceful place to live and co-exist in!


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A resident welfare association is necessary, as it can serve as a committee through which queries can be explained, and issues and problems solved. The presence of a committee or resident welfare association will also spice up interaction among residents and get them to contribute equally from their part. Such open social interaction will improve the joy of living in an apartment complex.

A resident welfare association, however, needs to be registered under the government for it to be recognized as a proper association. A registered resident welfare association will this way be able to enjoy many legal benefits. While forming a registered resident welfare association, make sure that you have more than seven members who are at least eighteen (or above) years of age. This is very important.

Every Individual Has A Role in an Apartment Association

Every Individual Has A Role in an Apartment Association

 

The primary objective of every resident welfare association would be to collect the common maintenance charges from every single resident in the apartment and use this in establishing good public infrastructure for the residents. An association will normally have to be formed under The Karnataka Apartment Ownership Act of 1972 or
The Karnataka Societies Registration Act, 1960 (and appropriate act for states other than Karnataka).

Every resident welfare association will have a management committee, a president, a treasurer and a secretary, apart from the regular members. There are many common responsibilities that members of the association should take up among themselves, and some of these have been mentioned below (we will cover other roles in future blog posts):

The President’s Role:

  • The President will be given the authority to defend any form of legal action that is taken against the association, and will also be given the authority to sue people for legal purposes and reasons.
  • The President of a resident welfare association will have the final call in approving a contract that is brought by the committee and implementing the terms.
  • The President should maintain an overall view on the occurrences and ensure that all residents and members are satisfied without having any qualms or problems. The President should also oversee all expenses and make sure that they are put to good use.

The Treasurer’s Role:

  • The Treasurer in a resident welfare association will be given the task of maintaining all funds within the organization. The responsibility of maintaining the money safely along with all documents also rests solely with the Treasurer.
  • The Treasurer’s role is a demanding one and should be bestowed upon an experienced person with good management capabilities, as these documents and funds are very important for the association.
  • The Treasurer should also make note of the overall income and also calculate monthly and yearly expenditures. This way the flow of money will be constantly regulated for the benefit of the residents.

The Secretary’s Role:

  • The secretary in a resident welfare association will be given the responsibility of conducting various general body meetings.
  • The secretary will also be given the responsibility of compiling the minutes of the meeting and analyzing the overall information brought to the table.
  • The secretary will have to bring up concerns from each individual resident in order to ensure active participation of all members. 

These are the three major roles in any resident welfare association, and you’ll need to be aware of all such responsibilities involved, in order to contest for the spot yourself, or even in order to vote for the right person when the polls come up.

ApnaComplex supports the notion of committee members – administrators can tag members with different committee member roles and even give “permissions” to modules specific to thier roles. For example, a member can be tagged as a treasurer can be given access to only accounting modules. ApnaComplex is an apartment managment software. We are now offering a 30-day no obligation free trial for every complex. Go ahead and register your complex and see how you can manage your complex more easily, efficiently, and effectively.

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As a resident of an apartment complex, you are required to pay a monthly charge for the upkeep and maintenance of your society.  This maintenance charge is usually arrived at taking into account the monthly expenses plus an additional amount that the society can save for major repairs or maintenance that will arise at a later date. Every housing society decides on a method that it believes is a fair and reasonable way of calculating the amount for each member.  While this may sound like a simple agenda, at times, it’s not so simple to carry out due to the different ways in which the amount can be calculated. Here, we present some of the popular ways in which societies calculate maintenance charges along with their respective pros and cons:

Pay per Square Feet:

This is the most common and popular way of calculating maintenance fee. In this type of calculation, a fixed rate is charged per super built up area of the apartment that you own. For example, if the fixed rate is Rs. 2 and you own a 1000 sq. ft. apartment, your maintenance charge will be Rs. 2,000 per month. In this type of arrangement, the bigger the area of the house, the higher you pay as maintenance charge. So in apartment complexes with apartments of varying sizes, you’ll have people paying different amounts per month as maintenance charge.

Pros: It is easier to calculate. This method is one of the most commonly used methods in apartment complexes.
Cons:
While this method is popular, it is unfair on people owning larger houses as some of the facilities that they use like a lift, the garden, the club, security services etc. are equally shared among all members irrespective of the size of the flat.

Combined Maintenance Charges:

In this method, the maintenance amount is divided into two parts. Part 1 includes all expenses that are equally utilized by members, irrespective of the size of their apartments. This includes the cost of maintaining lifts, salaries for security and other staff, costs for stationery, property taxes of society office, conveyance, meeting charges, audit fees, legal charges, common electricity charges, etc. The other part is calculated on the basis of the area of the flat and includes items like property taxes, water charges, etc. This is also the method advocated by the Maharashtra Cooperative Societies Model Bye-Laws.

Of this amount collected, everything is an immediate outgo for the society except for the amount collected as sinking fund. This amount is used when the society needs funds to carry out major repairs or maintenance. So instead of collecting the amount from the members at one time, the society can dip into the sinking fund that has grown over the years. The bye-laws recommend collecting at least 0.25% per annum of the cost of construction of each apartment (excluding the cost of the land) as sinking fund corpus. The AGM can vote to collect a higher amount than this if required. The amount is calculated on size of the apartment. This amount remains with the society until any major repairs has to be undertaken. In case the owner sells the apartment, this money is not returned to him/her.                                       

Pros: Aims to be fair on all parties involved. The members owning a bigger apartment is not penalized based on the size of the apartment. All other expenses which are related to the size of the apartment are charged as per dimensions of the apartment.
Cons: There can be lot of differences of opinion on the items that should be charged as per size of the apartment.

Equal Maintenance Fee:

This method is favoured in apartment complexes where the size of each apartment is the same. Here, the fixed amount is arrived at after calculating the monthly expenses plus the amount to be kept aside in the sinking fund and dividing the total by the number of apartments in the society. As costs increase, this amount gets revised in the Annual General Meeting. For complexes where apartments are of different sizes, this method will be unfair and is usually not accepted by the members.

 Pros: Easy to implement in societies with same-sized apartments.
Cons: Unfair to smaller apartment owners in societies with different-sized apartments. The greater the difference in size of the apartments, the higher will be the discrepancies in the maintenance charges between the members.

In all methods, it is recommended that the maintenance amount calculation be revisited at least once in six months based on the actual expenses incurred in the past 6 months and the contingency amount that the association would like to maintain for any exigencies.

While these are some popular ways of calculating the maintenance charge, a residential society can arrive at any system that is considered fair and acceptable to all members of the society. If there is any doubt, you can refer to the model bye-laws and decide on the best way to calculate the maintenance charge in your Annual General Body Meeting.


This article aims at collating and providing information on maintenance charge calculations for residential complexes for benefit of ApnaComplex customers and readers. While ApnaComplex has taken every care to ensure the information is accurate, we suggest to please use the information in the article and the template provided 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.

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Quick Download:
If you are looking for sample AGM notice template for residential welfare association or apartment owners association, download from here.

Annual General Meeting Basics

The Annual General Meeting (AGM) of a Residential Complex is a yearly event held to discuss the major issues facing the society and to collectively reach a consensus on the best solutions possible. Ideally, the AGM should be held before August 14th of a year (or as mentioned in bylaws of your association). You can extend this date by not more than three months after getting the permission of the Registrar of Societies. In case the Registrar is not convinced about the reasons for the delay in holding the AGM, Registrar may appoint an authorised officer to conduct the AGM at the cost of the society.

Most of the topics discussed during the AGM will be related to policies, finances and the future course of action for the society. While any topic can be discussed in the AGM, certain topics like electing new members, appointment of auditors, any policy change regarding expense amounts, etc. can only be finalized during an AGM.

Checklist for Managing Committee Members

The Managing Committee has its role cut out for this event. All the Committee members should ideally be present for the meeting, with the President, Secretary and Treasurer being the key members. If you’re part of the Managing Committee, you could use the checklist below to make sure your AGM goes off smoothly:

  • Have an internal meeting of the Managing Committee to fix a date for the AGM. Make sure that it doesn’t fall on a holiday or a long-weekend to ensure maximum participation from members.
  • Identify the venue for the meeting. (Take into account the space that will be needed to accommodate maximum participation.)
  • Circulate the notice to all members of the society least 21 days in advance.
  • Get the accounts audited and signed by the President, the Secretary and the Treasurer.
  • Identify the auditors to be appointed and their remuneration for the upcoming year.
  • Prepare of the Annual Report for the AGM. The annual report should contain the work done by the managing committee in the past year and the focus areas for the coming year.
  • Circulate the Annual Report to all members of the society.
  • Get minutes of last year’s AGM and make a list of all the resolutions passed in last year’s resolution.
  • Make a list of all documents that will be presented during the AGM.
  • Keep the book of Accounts ready for inspection by the members
  • Prepare for the questions given by the members.

The committee members also need to take care of administrative aspects such as printing extra copies of the Annual Report for the day of the meeting, ensuring enough chairs for the meeting, make catering arrangement if you plan to provide any refreshments during the meeting etc.

Activities during AGM

A typical AGM will go along the following way:

  • Members sign the roll
  • Quorum gets established (minimum number of members required to have a valid meeting)
  • Meeting is called to order by the President
  • Minutes of last year’s AGM approved and confirmed
  • Financial report for the last financial year  is accepted
  • Transfer of flats mentioned in the annual report is approved
  • Admission of new members into the society is ratified
  • Ways to tackle defaulters in the society are discussed
  • Also ways to tackle non-cooperative members of the society
  • To discuss and approve the appointment of Auditors for the current financial year.
  • Issues related to lifts, gardens, common areas, etc.
  • Discuss salary hikes for the staff that are responsible for the functioning and maintenance of the society
  • Elect new members for the Managing Committee, if applicable
  • Discuss any other matter with the permission of the President
  • Vote of thanks

Post the AGM, it is important that the Secretary of the association circulates the minuites of the meeting to all members so that all members are aware of the decisions taken during the AGM.

Responsibilities of a Member

While the Managing Committee has its responsibilities, the ordinary members too have certain responsibilities. As a member of a Residential Complex, it is your duty to participate in the AGM and contribute to the discussions. Any decision made during this meeting will affect the quality of your life in the society – so don’t leave the responsibility on the others. Before you attend the meeting, familiarize yourself with the Agenda; clear any doubts you may have regarding anything with other members or someone from the Managing Committee before the meeting. Make a list of questions that you plan to ask based on what you’ve noticed about the functioning of the society. Take a copy of the Annual Report with you to the meeting. And finally, be at the meeting slightly before time so that the quorum is reached and the meeting can start off as scheduled.

We wish you a fruitful AGM for your society!

A sample Notice for an AGM can be downloaded from here.


This article aims at collating and providing information on bye-laws for residential complexes for benefit of ApnaComplex customers and readers. While ApnaComplex has taken every care to ensure the information is accurate, we suggest to please use the information in the article and the template provided 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.

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Quick Download:

If you are looking for sample template of bylaws for residential welfare association or apartment owners association, download from here.

Need for Bye Laws

The primary responsibility of the Managing Committee of an Apartment Owners Association (or Residents Welfare Association) is to ensure proper maintenance of the Apartment Complex and to resolve any issues that residents face in a timely and effective manner. These are not easy tasks to handle when you consider the sheer variety of challenges that confront the committee. Convincing members to act in the interest of the society is no less a challenge either as almost every resident is aware of their rights but few accept their responsibilities. So how does a Managing Committee go about its day-to-day tasks, taking clear, unbiased actions that work in the best interest of the society? What are the powers of the Managing Committee that enables it to enforce its decisions? And what makes the members of an Apartment Complex accept these decisions?

The answer to all this lies in the rules and regulations that every Apartment Complex adopts from the moment it is registered. Called bye-laws of the society, these rules and regulations govern the day-to-day functioning of the Apartment Complex. So crucial is the role of bye-laws in the smooth functioning of a society that many consider them to be the constitution of an Apartment Complex.

Registering Your Bye Laws

The Co-operative Society Act is a Central Act that helps co-operative societies to manage their affairs. However, most States in India (Maharashtra in 1960, Gujarat in 1961, Karnataka 1960 and so on) have repealed this act and have created their own Co-operative Societies Act. These Acts specify the rules and regulations that are part of a model set and usually any residential Apartment Complex association is free to adopt these bye-laws in total or modify them as per their requirement and accept them. The Act thus offers a certain degree of flexibility to societies.

What is inflexible, however, is the need to get the bye-laws adopted. The bye laws are considered so critical for the efficient working of a society that it is mandatory for an Apartment Complex Association to approve and submit them to the Registrar of Societies during the formation of the association itself. The bye-laws adopted by an Apartment Complex should have the following details:

  • the aims and objectives of the society,
  • the details of the rules and regulations that apply to members,
  • the specifics of selecting a member and office-bearers of the society,
  • details of how the association aims to help the residents of the society
  • details of how it will go about getting the co-operation of all members. 
  • information on how the society will manage its income and expenses.
  • the list the office-bearers who will be authorized to issue cheques and monetary transactions on behalf of the association. (Bye-laws usually recommend rights to three-office bearers for signing any document or monetary transaction with any two of them required to sign at one particular time.)
  • details about transfer charges, maintenance costs, penalties, etc

The bye-laws should also mention when and how the AGM of the society will be held. Usually the first AGM should be held within six months from the close of the financial year. From the second year onwards, it should be held every year after March 31 and before August 14 as per bye-law no. 95or within an extended period as per Section 75(i) of the act. An AGM can be held by giving at least 21 days prior notice to members.

Amending your Bye Laws

Once the bye-laws are adopted, the society can function forever with that particular set of rules. However, the bye-laws can also be amended by the government or the residents themselves if the need arises. For example, if the bye-law says that the tenure of the Managing Committee should be 5 years, the association can change it to 3 years or 7 years by getting it approved by the General Body and then the Registrar. The new set of amended bye-laws will become functional for the association from the date of approval by the Registrar.

An Apartment Complex Association can amend its bye-laws in the following manner:

  1. A General Meeting (annual/special) should endorse the change with a two third majority of the members present in the meeting. This two third of members should not be less than one third of the total members in the society. (The Registrar may still accept the amendment under such a condition if the reason for the low turnout is explained in writing).
  2. The Managing Committee should submit the form mentioning the new law to be brought into force.
  3. The Committee should also submit four copies of the existing bye-laws along with the resolutions passed by the Annual General Meeting.
  4. Along with the signatures of the Managing Committee, the form should have the following details:
    • The date of the meeting at which the amendment was passed.
    • The number of members in the association.
    • Number of members of the present in the meeting.
    • Number of members who voted in favour of the amendment.

 The Registrar will register the amendment upon satisfaction that the amendment does not contravene any Act or rules that guide the functioning of a co-operative society. On approval, the Registrar will issue a certificate of registration along with the certified copy of the amendment. This is proof of the amendment being successfully registered. The Registrar of Societies can, however, refuse to register an amendment of the bye-laws. The Registrar will provide the reason for the decision in writing to the association.  

The bye-laws are thus binding as well as flexible enough for the Managing Committee to manage the affairs of the association as best as possible.

You can download a sample template of bye-laws from here.


This article aims at collating and providing information on bye-laws for residential complexes for benefit of ApnaComplex customers and readers. While ApnaComplex has taken every care to ensure the information is accurate, we suggest to please use the information in the article and the template provided 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.

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