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

Question

► Our Association of Apartment Owners framed and approved Association Bye-Laws in AGM, adopting all clauses of West bengal apartment Association Bye-Laws 2022 verbatim with expansion of each Clause incorporating detailed administration procedures, SOPs which do not contravene the said West Bengal Apartment Association Bye-Laws. This is based on the underlying Interpretation by our Association that the Bye-Laws framed by our Association is in accordance with the West Bengal Apartment Association Bye-Laws 2022, which serves as a model only. Our Association Bye-Laws stipulate that in the event of contravention of any of the West Bengal Apartment Association Bye-Laws, the latter will override the Association Bye-Laws expanded clauses. The Association Bye-Laws have been filed with Competent Authority of the West Bengal Housing Department after this was approved in AGM. Questions (1) The covering letter of Registration of our Association as received from the Housing Department stipulates that the Association of Apartment Owners cannot make it's own Bye-Laws. Since we have adopted all clauses of the West Bengal Apartment Association Bye-Laws 2022 verbatim with expansion these Bye-Laws inserting detailed administrative procedures, SOPs etc. in consonance with the West bengal apartment Association Bye-Laws 2022, does it tetamount to framing of own Bye-Laws by our Association and does it contravene the said directive of the Competent Authority of West Bengal Housing Department ?

Answer 1

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.

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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

1 Answer