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Pramila   14 October 2019

Can tenants frame bylaws or amend them in apartments

There are tenants who are involved in formulation or amendment of by law in my apartment complex during an AGM. They say they have been authorised by the owner. Are tenants allowed to formulate or amend by laws which should be the domain of owners? Kindly clarify. Regards P


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 2 Replies

Real Soul.... (LEGAL)     14 October 2019

The tenancy is governed by the rent or lease agreement and if in the agreement it is permitted that tenants can frame bye laws or rules for thier conveinance then they can otherwsie in absn=ence they need to seek NOC from the owner and adminstrator of the peoprty. 

This is not for scoiety teanancy but for general tenancy

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     14 October 2019

Mention in which State are you. What kind of association you have, is it a co-operative society, or an associaton covered under any Act of the legislature of State? Is it registered or unregistered? Generally an association is an association of the owners of flats. Tenants can exercise the power of the owner only if the byelaws have provision to delegate such powers. The rent or lease agreement is generally between the owner and the tenant and the association is not a party to it. Such agreements cannot delegate powers to the tenant over matters concerning the association. Anyway unless you give full information it is not possible to give answer to your question. 


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