Validity of expansion of each Clause of W est Bengal Apartment Association Bye-Laws 2022 with detailed SOPs etc. without contravention of the West Bengal Apartment Association Bye-Laws 2022
2 Answers
Dear client,
Titling your expanded document Association Bye-Laws contravenes the Competent Authority's directive, even though you adopted the statutory clauses verbatim. Under the West Bengal Apartment Ownership Act, the State’s 2022 Bye-Laws apply automatically and universally to all registered societies. Associations are strictly prohibited from framing, modifying, or registering customized documents labeled as Bye-Laws.
However, your detailed administrative procedures and SOPs remain legally valid if properly classified. To comply with the Housing Department, you must re-designate your expanded clauses as “Internal Rules and Regulations” or “Operational Guidelines” passed by the AGM. Officially accept the State’s 2022 Bye-Laws as your sole governing statute, and maintain your expanded SOPs as a separate, subordinate rulebook for daily management. I hope this answer helps, if you have any other query kindly do not hesitate to contact us. Thank you.
Dear Client
Based on what you describe, adopting the model bye-laws verbatim while adding administrative SOPs that remain subordinate to and do not override them is generally distinguishable from framing independent bye-laws, since your own document expressly provides that the model bye-laws prevail in case of conflict. This reinforces that you have operationalized rather than replaced the model framework. However, an unequivocal answer depends on how the cover letter from the Housing Department is worded, as well as on the registration conditions, which we are yet to check, so we need to consult a legal professional who will analyze this particular document.
I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you.