New Feature: Announcing Bye Laws and Amendments Module in ApnaComplex

ApnaComplex launches Bye Laws and Amendments Module

Bye Laws are the constitution of a Housing Society (Refer: old post on bye laws). Every registered housing soiciety have bye-laws that contain the governing principles of that society. Every society has the right to amend these bye-laws from time-to-time to ensure the governance and administration is more efficient.

However, in almost all societies its a night-mare to find the list of all amendments done to the bye laws at one place. These amendments are typically scattered over in multiple mails, minutes of meetings, some presentations or word documents – making it almost impossible to keep track of how the bye-laws evolved over a period.

Not anymore! In yet another first, with the launch of new Bye Laws module in ApnaComplex, members can read the bye laws and all the amendments at a single place. No more searching for documents in the repository – the content of bye laws and amendments can be accessed right from the menu bar by members.

Administrators can update the bye laws and also add/update/delete amendments and capture details such as date of amendments, date of meeting in which amendment was approved, who proposed it and who seconded it.

ApnaComplex makes information instantly accessible when you actually need it!


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Penalties In A Housing Society – Effectively Creating A Revenue Stream

The managing committee in every housing society is responsible for maintaining and managing the infrastructure. There is a steady stream of revenue that the management committee gets every month, as and when all residents in the apartment complex pay their maintenance dues.
There are other ways through which a managing committee can earn some steady revenue, so that it can build new structures and improve the existing infrastructure without cutting a hole through the pockets of all residents.

Use penalties as alternate revenue channel

Penalties Can Help In Establishing Order


Interestingly, an apartment association can mimic a government’s functioning and use penalties as a form of revenue, to ensure that its internal processes are carried out in an unaffected manner.

Why Use Penalties As A Source Of Revenue?

Using penalties as a source of revenue can aid an association in two ways.

  • Creating Order: It will help in tightening up the existing system and making the residents more responsible and punctual when it comes to paying their dues. A system where no action is taken on defaulters will only invite more lethargy and bring in complacence. A managing committee can create a set process in this way, bringing in more control and transparency to its administration.
  • Tapping Into A Revenue Source: It will act as a source of money, and in this way new structures that are essential for every housing society like Rain Water Harvesting structures (including pits, dug wells, hand pumps, trenches, and recharge wells) can be constructed straight from the apartment association’s funds without collecting money from the residents. As long as this system is made transparent, there will be no issues whatsoever. Members of the managing committee should maintain records for all penalties collected and how and where the money has been put to use.

Wondering how to easily keep track of the penalties and payments against them?
More often that not, the reason for not imposing penalties in a housing society is the administration hassle associated with imposing them and ensuring a collection of the same. Its a nightmare to keep track of these without help of proper tools.

ApnaComplex’s powerful accounting features come in handy here. Treasurers can easily post the penalty charges to a member’s account and the member clearly would be aware of the penalty charge s/he has to pay. Treasurers can easily track the payment against the penalty. Most importantly, this brings about a transparent way of dealing with situations leading to penalty. What’s more – ApnaComplex being a complete accounting solution – the penalties collected can be categorized under any number of different heads of your choice – such late payment penalties, or common area penalties etc. and all of them would get reflected in your balance sheet and income/expense statement that every member can clearly understand. Absolutely, more transparency.
Yet another instance where using ApnaComplex not only saves effort, but also improves orderliness and even generates revenue for your society. Sign up your society today and get the benefits.

Where Can Penalties Be Charged?

Every housing society has its own set of bye laws, and these bye laws will provide information about the many penalties that can be levied on defaulters. The members of the managing committee can charge some penalties for the following acts:

  • Violation of Bye-Laws – Most association bye-laws has rules on how balconies must be kept clutter free not spoiling the facade of the apartment complex, how to manage garbage, how to maintain sound levels etc. Still, there could be Residents/Owners who violate terms by having messy balconies, cause inconvenience to neighbors with loud music or wood work during nights etc. and association can consider imposing penalty charges for the same.
  • Damage To Common Areas – The managing committee in a housing society can fine people for damaging important structures in the apartment’s common areas. A person who causes any form of damage to elevators, benches, roads, staircases, or swimming pools in the housing society can be fined. Penalties can also be charged for damages caused to gym equipments or library assets.
  • Raising Pets – Though, not exactly a penalty, this is one major source of revenue that an association can tap into. Not all housing societies have bye laws that allow people to raise pets; so members of the managing committee can charge people who have pets in their household (if pets aren’t allowed). A pet deposit can be taken or pet rent can also be levied every month to create a steady source of revenue.
  • Late Payment Of Dues – This is the most obvious and frequently used – Residents in the housing society who don’t pay their maintenance charges within the stipulated time can be penalized, and for this, a deadline should first be set and made public. This will help in making the collection process more effective.

But remember, before imposing any penalties, all the associated rules and the penalty amounts must be proposed, discussed, and voted in an AGM. Association cannot impose penalties with out first getting them approved in an AGM and recording those minutes.


Bye Laws: The Constitution of your Apartment Association

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.