Bylaw clauses with ref to another/ similar act

gk (Querist) 22 October 2025 This query is : Resolved
Respected Sir/Madam,

We are making some amendments in our existing bylaws of our AOA registered under Society Regn Act 1860 (Kerala). Some of the members suggested to put/specify also some clauses with reference to the Kerala Apartment Ownership Act 1983.

Now my query is whether an AOA (Apartment Owners Association) registered under 1860 Society Regn Act (Kerala) can specify or add some clauses or rules in their bylaw with reference to a similar Act as the Kerala Apartment Ownership Act 1983?

Anticipating your valuable advice/suggestions on this.
Thanking you,
Yours faithfully,
gk

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Quick Summary

This discussion clarifies whether an Apartment Owners Association (AOA) registered under the Society Registration Act 1860 in Kerala can incorporate clauses referencing the Kerala Apartment Ownership Act 1983. The consensus is that while an AOA must operate strictly within the framework of its registration act (1860 Act), it can adopt principles or rules from similar legislation like the 1983 Act, provided they do not conflict with the governing 1860 Act. It's also noted that the Memorandum and Articles of Association for societies registered under the 1860 Act are generally not amendable.

kavksatyanarayana (Expert) 22 October 2025
Yes. After conducting AGM, the majority of members approve the proposals to add or specify some clauses in the bylaw and shall be filed before the Registrar of Societies of the District.

P. Venu (Expert) 22 October 2025
Such conditions could be incorporated so long as they are not inconsistent with the provisions of the law under which the Society is registered.

T. Kalaiselvan, Advocate (Expert) 23 October 2025
An Apartment Owners Association (AOA) registered under the Kerala Co-operative Societies Act, 1960 can add clauses to its bylaws that are consistent with the principles of the Kerala Apartment Ownership Act, 1983, but the AOA cannot operate under a legal framework different from the one it is registered under. The AOA's existing registration determines its legal authority, so it must operate within the rules of the 1960 Act, while it can incorporate ideas and rules that are aligned with the 1983 Act as long as they don't conflict with the 1960 Act.

gk (Querist) 24 October 2025
Thank you very much respected Sathyanarayana Sir, Venu Sir and Kalaiselvan Sir for your expertised advice in time. Surely I have noted all these points.

Best regards
gk

gk (Querist) 24 October 2025
Respected Kalaiselvan Sir,
Our AOA is registered under "Society Registration Act 1860 (Kerala)". As I understand it consists of approximately 20 pages only and the clauses are not very specific in many matters especially concerned for the administration/maintenance an AOA. Even though we have registered under the same Act since, I understand, the KAO Act 1983 is under review by the honorable High Court of Kerala, for the purpose of some kind of revision or amendment.
(NB: with all due respects of the Court protocols/procedures, please correct me If I am wrong in this matter/the words I used or anywhere in my above statement, I will surely correct it here immediately).

And I have also gone through the "Kerala Cooperative Society Act, 1960" which consists of more than 200+ pages and I guess it mainly deals with Cooperative Societies and Cooperative Banks (sorry, am not having sufficient knowledge in these matters, and it may be my "guess" only).

I made this response due to a confusion raised on whether "Society Regn Act 1860 (under which our AOA is registered)" and the "Kerala Cooperative Society act 1960" are the same or interlinked?
We have never even reviewed the "Kerala Cooperative Society Act 1960" while we preparing our 'AOA Bylaws' so far - whether we should incorporate this one also ?
Please do advice.
with respect
🙏
gk

Dr. J C Vashista (Expert) 25 October 2025
AOA cannot be registered under KCS Act, 1860, wherein later is altogather different Act and inapplicable for Apartment Ownership Association, governed by Societies Registration Act, 1860 (a Union Act).

Both of the above Acts are different and not interlinked / interchangable.

Under Societies Registration Act, 1860 Memoredum of Association and Articles of Association submitted to the concerned Registrar at the time of its registeration cannot be amended since there is no such provision in the SR Act.

gk (Querist) 26 October 2025
Respected Vashista Sir,
🙏
You mean, either our MOA or Bylaws cannot be amended ?
🙏gk

Dr. J C Vashista (Expert) 26 October 2025
Association is functioning in terms of Memorendum of Association and Articles of Association. However, it do not have Bye-Laws.

MoA & AoA cannot be amended.

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