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When can apartment association be formed and registered
30-Jul-2023 (In Property Law)
A nationalised bank owns 4 out of the total 6 flats in an apartment complex, which was built by a builder long time back. The private owners (which includes me and my friend) own the remaining 2. The bank without forming a association committee are increasing maintenance charges every year. They are refusing to form an association telling they are majority and there is no need to form an association or register it as there are only 6 flats in the complex. So my question is: 1) Can we form an apartment association with just 6 flats? 2) Should the apartment association be registered?
There are a few important points to keep in mind while forming an Apartment Owners Association. These points are as follows: • A minimum of seven members are required to form an association. Out of these 7 members, you need to appoint office bearers and others to ensure that the Association is managed properly. The office bearers are accountable to the rest of the Association and to the members of the Apartment as a whole (something we shall touch upon soon) • A memorandum has to be created. The memorandum will state the name of the society, the objectives and the names, addresses and occupations of each and every member of the Association. This is for creating transparency in the operation of the organisation. • The bye-laws or the rules regulating the conduct of the affairs of the society will be made. These bye-laws are crucial in the management of the society. The memorandum and the bye-laws have to be printed or typewritten and have to be signed by the members. • The memorandum and the bye-laws will be filled with the registrar of the societies concerned by a member of the committee of the society. Regular filings help to prevent any questions being raised as to the correctness of the operations of the society. Conclusion The memorandum and bye-laws of an apartment association are crucial to the operation of the Association. Please ensure that you create these documents with due care and caution. Additionally make sure that all members of the apartment association are made aware of the existence of the association and the maintenance charges payable,
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What is the role of the president in an apartment association?
Vice-presidents assist the president in presiding over the association. The General Body is responsible for the associations overall management, while the Treasurer takes care of the finances. Registration of an apartment association is a crucial step as it provides a legal backing for the management body.
What is apartment Ownership Act?
This law regulates the ownership of apartment and the rights of the owners. According to the Karnataka Apartment Ownership Act an apartment is a property that consists of one or multiple rooms, a kitchen and toilet, as well as a bathroom. 14-Feb-2023
How do I dissolve an apartment association?
It is important to send a notice to all members, creditors, suppliers, and any other entities or societies with whom it has entered into a contractual relationship. A resolution of this nature should be approved by a 3/5ths majority vote. According to the rules, the disposal and settlement must be done.
What are the roles and responsibilities of apartment association?
The Apartment Owners Association plays an important role in the maintenance of a community. It offers residents valuable services, resolves disputes, and works for their best interests. AOAs registered under the Society Registration Act of 1960 also have several rights. 15-Dec-2022
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