The Rulebook for Your Bengaluru Building: Bye-Laws Under Karnataka's New Apartment Law

Thirty days. That is the minimum period for which Karnataka's Government must publish draft model bye-laws for public objections and suggestions before notifying them under the new apartment law. For Bengaluru owners, it may be the most direct say they get in the rulebook that will govern maintenance, meetings, penalties and the use of common areas in their buildings.

The rules on bye-laws are in sections 32 to 37 of the Karnataka Apartment (Ownership and Management) Bill, 2026. The law was gazetted on 15 October 2026 as Act No. 45 of 2026 and is not yet in force, according to FoxMandal's 16 October update. We set out how associations are formed in our guide to apartment associations under the new law.

The short answer. Under the bill, bye-laws are prepared by the promoter or a majority of allottees and must be filed with the competent authority before flats are conveyed; if they are not, the authority can apply the model bye-laws. The Government may notify model bye-laws after at least 30 days of public comment, and departures from them need the authority's approval. Amendments need two-thirds of owners present and voting, with a one-third quorum, and cannot hurt any owner's undivided share. Bye-laws bind owners, heirs and tenants. Penalties for breaches need express provision, notice and a hearing, cannot exceed one month's maintenance, and can be appealed to the competent authority. The trade-off: standard bye-laws protect owners from arbitrary rules, but changing them is deliberately hard, so what is in the first set matters.

Who writes the bye-laws, and when are they filed?

Section 32(2) says bye-laws are prepared in the prescribed form by the promoter, or by a majority of all allottees in the project or phase where an association is proposed. Section 33(1) says they must be submitted to the competent authority, with prescribed documents and fees, before the conveyance deeds of the apartments are executed and registered.

If the promoter or majority of owners fail to submit them, the proviso to section 33(1) lets the competent authority, on application, declare the model bye-laws to be the association's bye-laws. Section 33(2) gives the authority thirty days to approve, modify or reject submitted bye-laws, after which they are deemed approved unless the period is extended, to not more than ninety days in total.

What are model bye-laws, and can a project depart from them?

Section 37 lets the Government make model bye-laws for the guidance of associations. Before doing so, it must publish a draft for not less than thirty days, inviting objections and suggestions from the public, and then may notify the final version in the official Gazette. It may amend them the same way.

Section 32(3) says associations may adopt the model bye-laws with necessary modifications, but no departure, variation, addition or omission from the model is allowed without the competent authority's prior approval. For buyers, that means the model bye-laws, once notified, become the reference point against which any project's own bye-laws are measured.

What must the bye-laws cover?

Section 35 lists the subjects: governance, including the executive committee's size, election, term, powers and removal, and office-bearers such as the president, secretary and treasurer; meetings and voting, including general meetings, quorum, minutes and the votes needed for decisions; financial management, including funds, accounts, audit and collection of maintenance and contributions; property and common areas, including custody of records, maintenance and staffing; restrictions on use of apartments and common areas; and the procedure for administrative rules and penalties.

Two of those subjects deserve a close read before you buy. The voting thresholds in section 35 set how easily the association can take its decisions, and the procedure for administrative rules sets how day-to-day rules governing the operation and use of common areas, such as the clubhouse or parking areas, are adopted. Both shape daily life in the building as much as the price you pay.

Section 35 also allows bye-laws to provide for leasing areas of the building for commercial purposes within the approved plan, with proceeds used for common expenses and any surplus shared. We looked at how maintenance charges are set and capped in our guide to maintenance under the new law.

How hard is it to change the bye-laws?

Section 34(1) says bye-laws may be amended by a resolution passed in a general body meeting by at least two-thirds of owners present and voting, with a quorum of at least one-third of all members. Section 34(2) says no amendment is valid unless consistent with the Act, rules and declaration. Every amendment goes to the competent authority, which records it; if it does not decide within thirty days, the amendment is deemed approved, though the period can be extended for recorded reasons where a hearing is under way. An amendment takes effect only from recording or deemed approval, and the proviso to section 34(5) says no amendment shall adversely affect any owner's undivided interest in land or common areas.

A worked example: in a project of 300 members, the quorum is 100. If 120 attend and vote, 80 votes in favour are needed. If only 99 attend, the meeting cannot validly amend the bye-laws at all.

When can an association fine an owner?

Section 36(2) lets the association impose penalties for violating the bye-laws, with any aggrieved person able to appeal to the competent authority, whose decision is final. Section 36(3) says no penalty can be imposed unless the bye-laws expressly provide for it and how it is fixed, a notice specifying the violation and proposed penalty is issued, and the owner or occupier gets a reasonable opportunity to be heard. Section 36(4) caps any such penalty at the monthly maintenance charge for the flat, and section 36(5) sends collections to the common capital or maintenance fund.

Take an illustration. If a flat's monthly maintenance is Rs 5,000 and the bye-laws provide a fine for breaching a common-area rule, the association could not impose more than Rs 5,000 for that breach, however the bye-laws are worded, and only after a notice and a hearing. A fine of Rs 10,000 would exceed the cap in section 36(4).

Who is bound, and how do bye-laws rank against other documents?

Section 32(4) says the bye-laws and every amendment bind all owners and allottees, their legal heirs, successors and assigns, and any person occupying the apartment, including tenants, licensees and other occupants, as if they had executed them. Section 36(1) repeats that rule. So a resale buyer, an heir or a tenant cannot avoid the bye-laws on the ground of not having signed them.

Bye-laws are not the top document, though. Section 15(5) says any provision of the bye-laws inconsistent with the Act, the rules or the declaration is void to that extent. Section 58 sets the order where documents conflict: the Act and rules first, then the declaration, then the bye-laws, then any agreement, deed of transfer or other instrument. That means a clause in your sale agreement cannot override the bye-laws, and the bye-laws cannot override the declaration.

For a buyer, the practical lesson is to read the declaration and bye-laws together, since one sets the shares and common areas and the other sets the rules for using them.

What should a Bengaluru buyer check about bye-laws?

Whether you are buying into an apartment block or a villa community with shared facilities, such as Tamarind Villas in Attibele, these steps follow the bill:

1. Ask for a copy of the proposed or registered bye-laws before you sign the agreement.
2. Check whether they follow the model bye-laws, once notified, or depart from them.
3. Read the penalty clauses and check they require notice, a hearing and a cap at one month's maintenance.
4. Check the basis for maintenance charges and the rules on commercial leasing of common spaces.
5. Note the quorum and voting thresholds for amendments and other major decisions in the project.
6. If you let your flat, give your tenant a copy, since bye-laws bind occupants.
7. Watch for the draft model bye-laws and use the 30-day comment window to respond.

Frequently asked questions

When must a Bengaluru project's bye-laws be filed under the new law?

Section 33(1) of the bill says the bye-laws shall be submitted to the competent authority before the conveyance deeds of the apartments are executed and registered. If the promoter or majority of owners fail to submit them, the authority may declare the model bye-laws applicable.

How can apartment bye-laws be changed under Karnataka's new law?

Section 34 of the bill requires a resolution passed by at least two-thirds of owners present and voting in a general body meeting, with a quorum of one-third of members. The amendment goes to the competent authority and is deemed approved if not decided within thirty days, unless extended.

Can my association fine me for breaking the bye-laws?

Only within limits. Section 36 of the bill says no penalty can be imposed unless the bye-laws expressly provide for it, a notice of the violation and proposed penalty is issued, and the owner or occupier is heard. The penalty cannot exceed the monthly maintenance charge, and an appeal lies to the competent authority.

Do bye-laws bind tenants in a Bengaluru apartment?

Yes. Sections 32(4) and 36(1) of the bill say the bye-laws and their amendments bind all owners and allottees, their legal heirs, successors and assigns, and any person occupying the apartment, including tenants, licensees and other occupants, as if they had executed them.

This article summarises the Karnataka Apartment (Ownership and Management) Bill, 2026 as introduced and a law firm's update on its enactment, for information. The worked example is illustrative. The final Act, rules and bye-laws govern; it is not legal advice.

Last updated 2026-11-12. PropNewz Team.