Apartment Owners Association Bye Laws – The Basic Bye Laws For Each Apartment Association

Apart from the deeds and declarations involved in buying an apartment, there are also many bye laws that you will need to be aware of. These bye laws will govern every property’s administration and a copy of these bye laws will always be attached to the Declaration statement. You will need to know the content of these bye laws before buying your apartment, just to be on the safer side.

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.

Knowing All Bye Laws Can Be Helpful

Knowing All Bye Laws Can Be Helpful

 

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.

Apartment Association Terms Explained – Part One

Learning about many terms used in an apartment association can be very helpful indeed. These terms will come to your rescue when you’re facing a huge wad of legal paperwork, and when you’re finding the formal tone and legal jargon extremely hard to understand and digest. Although we all may know the generic meaning for terms like ‘apartments’ and ‘apartment owner’, the legal meaning may be more loaded that what people can normally comprehend. Knowing all legal terms and learning about various definitions from a professional perspective can thus help you.

When reading up on the terms used in an apartment association, always go for a trusted source.

Terms Used In An Apartment Association

Given below are a few terms used in an apartment association, and their proper explanation. All these terms are defined under the Karnataka Apartment Ownership Act of 1972, which defines and talks about an individual’s ownership over a set dimension of property. You will learn more about the constituents of this act when you take up the registration procedure for your deeds and Declaration.

Apartment:

An ‘apartment’ is basically a term used to denote a residential section in a building that can be located in any of the mentioned floor, with any number of rooms. An apartment may also be present in more than one floor, or in parts in each floor. Apartments, as per the Apartment Ownership act, have a direct exit to a public road or street, or even highway. Apartments which do not fall under this category may have a direct exit to a public space or common area, which may in turn lead to a public street or highway.

Apartment Owner:

An apartment owner will normally refer to a person who owns an apartment, and has some undivided interest in all shared regions in the apartment complex too. The interest and other particulars will be duly mentioned in the Declaration, and these can be taken from the documents directly.

Apartment Number:

The letter or number designated to a particular apartment is the apartment number. The number will be mentioned in the Declaration, and it may either be a letter, a number or a mixed combination of both these things. The apartment number is first specified in the declaration.

Association of Apartment Owners:

This is a term that is used to denote all the members of an apartment association. The people who together form the apartment association are collectively termed as an Association of Apartment Owners. True to the term, these individuals will have an apartment in the premises in their name and will all be owners of at least one apartment in the complex.

Building:

In the jargon used in an apartment association, a building normally means a residential structure that houses at least four (or more) apartments. A collective building can also refer to a structure with two buildings with two (or more) apartments in each building. A minimum of four apartments are seen as necessary either way.

These are the very basic definitions that you first need to know and understand in order to proceed to the later ones. Other definitions on common areas and public spaces will soon follow.


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.