Section 16 in Kerala Apartment Ownership Act, 1983
16. Bye-laws.
(1)The administration of every property shall be governed by bye-laws, a true copy of which shall be annexed to the declaration.(2)No modification of, or amendment to, the bye-laws shall be valid, unless setforth in an amendment to the declaration, and such amendment is duly recorded, and a copy thereof is duly filed with the competent authority.(3)The bye-laws shall provide for the following matters namely:-(a)the election from among the apartment owners, of a Managing Committee and the number of persons constituting the same;(b)the term of office of the members of the Managing committee;(c)the powers and duties and the allowances to be paid to the members of the Managing Committee;(d)the method of removal from office of members of the Managing Committee;(e)the election of a Secretary to the Managing Committee and his powers and duties;(f)the powers and duties of the Managing Committee which may be delegated to the Secretary by the Committee;(g)procedure for convening and conducting meetings of the apartment owners;(h)election of a President from among the members of the Managing Committee who shall preside over the meetings of such Committee of the Association of apartment owners;(i)election of a Treasurer and his powers and duties;(j)maintenance, repair and replacement of the common areas and facilities and payments therefor;(k)manner of collecting from the apartment owners their share of the common expenses;(l)designation and conditions of service of persons employed for the maintenance, repair and replacement of the common areas and facilities;(m)the method of adopting and of amending administrative rules and regulations governing the details of the operation and use of the common areas and facilities;(n)such restrictions on the requirements respecting the use and maintenance of the apartments and the use of the common areas and facilities not setforth in the declaration, as are designed to prevent unreasonable interference with the use of their respective apartments and of the common areas and facilities by the several apartment owners;(o)the percentage of the votes required to amend the bye-laws.(4)The bye-laws may also provide for the following matters, namely:-(a)subject to the provisions of this Act, provision for regulating transfer or partition of any apartment and percentage of undivided interest in the common areas and facilities appurtenant to such apartment, subject to such terms and conditions as may be specified in the bye-laws;(b)provisions enabling the Managing Committee to retain certain areas of the building and lease to non-residents for commercial purposes and for distribution of resulting proceeds to the apartment owners as income or application thereof in reduction of their common charge for maintaining the building;(c)any other provisions, not inconsistent with the provisions of this Act, relating to the audit and accounts and administration of the property and annual and special general meetings, annual report and the like.
