When an existing bylaw is insufficient to address a society's present condition or need, the society can change the bylaw. For instance, if your society previously used a per-square-foot computation to determine monthly maintenance fees. However, now society underwent reconstruction and wants to use a hybrid maintenance calculation. Hence, changing bylaws homeowners association is required in this situation.
Get expert legal assistance service for property document verification from NoBrokerThe procedure of changing bylaws India homeowners association is a proven strategy to guarantee that the new regulations are applied properly.
How to change homeowners association bylaws?
The members must be notified 14 days prior to the general meeting where the amendment resolution is to be voted on before a bye-law can be changed or amended.
After informing all of its members of the proposed bye-law, the society should vote to change a bye-law in the general body meeting.
A 2/3 vote of the members present at the meeting, or more must approve the resolution.
The society must submit the resolution to the Registrar within two months of the meeting date at which it was approved.
When you send an application (along with a non-judicial court fee stamp of Rs. 25) to the Registrar, you must include the following documents:-
a copy of the current bylaws, the revisions or amendments that will be made, and the convincing justifications for such changes.
Four copies of the amended bye-laws, including the Managing Committee's authorised office holders' signatures.
One copy of the notice given to members about the proposal of the amendment of the bye-laws.
any specific documents that the registrar might demand
When the Registrar receives the application, he carefully reviews the proposal and, upon being satisfied that it is for society's benefit, resolves a problem that has persisted for a long time, improves functioning, and does not conflict with the Cooperative Societies Act, registers the amendment.
He then gives the society the amended version of the bye-laws, which have been certified and formally approved.
If the registrar fails to conclude it within the time frame, the same application should be forwarded to an officer with a higher designation within the same office within 15 months from the end of the 2-month deadline.
I hope these steps regarding the process of changing bylaws homeowners association would help you.
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How to Change Homeowners Association Bylaws?
Samhita
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2023-04-25T08:37:54+00:00 2023-04-25T08:47:20+00:00Comment
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