Our building in Periyar Nagar, Chennai, has six apartments in the ground and first floor. Five apartments belong to our family and one was sold. The owner of that apartment plans to sell it now. Can we add bye-laws by forming an association that specifies that any sale of the apartment should be done only to a buyer of a particular religion? This precaution is to ensure that the owner of that apartment does not sell his house to someone from another religion, since that would spoil the peace and harmony of the majority of the residents in our building. Further, before selling, the details of the buyer should be given to us to prove that the bye-law has been followed. Can we paste that bye-law in the apartment premises so that no one enters into an agreement, with that particular owner (who hopes to sell his house), without being aware of the specific bye-law?
C.S. Vikgnesh Kumar, Chennai
An independent owner of any property will be at liberty to deal with the same in any manner he/ she deems fit. If the apartment complex is owned by an association or society, and individual flats are allotted to members of that particular society or association, any condition mentioned in the bye-laws may be enforced. In your case, inclusion of such conditions in your bye-laws will not have any legal force.
