WHAT ABOUT APARTMENT OWNERS’ ASSOCIATION http://enibandhan.jharkhand.gov.in/
Today the apartment owners’ association is an integral part of public life. A Home Owners Association is an organization in which all the owners of an apartment are members and the organization keeps the resources or resources available in that flat. An apartment owners’ association works for the welfare of the occupants of the apartment, conducts events or awareness programs and protects the rights of the owners of the apartments.
- A Flat owners’ association may or may not be registered, but a registered organization has the right to sue or defend any legal proceedings and to enjoy legal benefits. The property owners’ association not only has the right to keep the buildings in the apartment but also has the legal capacity to protect its members and to protect the legal measures proposed by the organization.
- The National Consumer Disputes Redressal Commission (NCDRC) has made it clear that registered resident associations (RWAs), buyers’ associations, co-operatives or an association of buyers of apartments or real estate may lodge complaints with developers to the commission. This makes it very important for your organization to be registered. Your organization must be registered under the Companies Act, 1956 (1 of 1956)– or Society registration act — any other applicable law.
Also, any group of home buyers who have the same interest or common complaint and who want the same or similar assistance addressed to the same person can meet without forming any criminal organization in the NCDRC for a claim of Rs 1 crore or more.
In the event that the claim is less than Rs 1 crore, those real estate buyers will need to file a lawsuit at a regional forum or state commission.
IS THERE A NEED TO REGISTER YOUR RESIDENTIAL ORGANIZATION ?
To allow AOA to represent you, you will need to register it. In 2017, the National Consumer Disputes Redressal Commission (NCDRC) announced that only registered resident organizations (RWAs), consumer organizations, co-operatives or an association of buyers of apartments or planners, could lodge complaints with builders to the commission. Therefore, in a sense, a voluntary consumer organization registered under the Companies Act, 1956 (1 of 1956) or Society registration act is the legal entity that governs your rights. An apartment association may be formed under the Society Registration Act 1960 and the Apartment Association Act or any other similar law applicable in your province.
The Apartment Owners Association (AOA) can provide essential services to all residents and represent its interests and resolve disputes. However, all of this is possible, provided that the organization is registered under the Companies Act, 1956 (1 of 1956) or Society registration act any other applicable law. Let’s take a look at the power of AOA and how a registered organization can be of benefit to you as a resident.
In India, an apartment building was set up as a voluntary association for homeowners. The Apartment Owners Association (AOA) represents the interests and protects the rights of property owners. It is also responsible for providing essential services such as the maintenance of common areas, enforcing community rules and working for the well-being of residents through special efforts or events. As a mediator, the AOA is also mandated to resolve disputes, and protect its members, and protect any legal proceedings against the organization.
In 2017, the National Consumer Disputes Redressal Commission (NCDRC) http://ncdrc.nic.in/ announced that only registered community organizations (RWAs), buyers’ associations, cooperatives or the association of buyers of apartments or real estate may lodge complaints with developers to the commission. Legally speaking, a recognized consumer organization is any voluntary consumer organization registered under the Companies Act, 1956 (1 of 1956) https://www.mca.gov.in/MinistryV2/incorporation_company.htmlorSociety registration act https://rcs.delhigovt.nic.in/home/registrar-co-operative-societyany other applicable law.
What is an apartment organization? (S.R.ACT, XXI-1860) https://www.igrodisha.gov.in/Society.aspx
It is a voluntary organization, consisting of owners within the housing community.
Who makes a living organization? https://keralaregistration.gov.in/?lang=eng
It is a democratic system. The minimum number of people required to come together to form an organization is seven. This will be unanimously decided by the residents of the community/building. Representatives meet together for a memorandum. The organization requires registration and the following details are mandatory.
• Letter of motion addressed to the Registrar of Associations, signed by all members of the executive committee
• Name of organization
• Organization address
• Procedures for the first general assembly of the body
• Organizational memorandum (public name, objectives, names and addresses / member work, travel rules (printed or typed) • Normal income
The organization will consist of a member (every apartment owner in the building), a related member (other than the owner but legally residing), the general body (all members of the association) and management
How can your organization help you?
It is important that you register your residential organization because such organizations create binding rules and regulations for everyone living on the property. Living together is not easy though. There may be those who break the rules of the community, there are those who party late at night and there are those who do not pay maintenance on time. There may be someone who is likely to set up his or her own workplace so most of his or her clients come home and the ‘accommodation’ becomes ‘commercial’. Organizations have a say in all these things and more, and if there are problems with your neighbours, it is better to contact them through your association than with each individual
Benefits of registered apartment organizations
Benefits of registered apartment organizations ; Continue-
• Registered apartment associations must keep progress reports. This helps to maintain the transparency required for effective community service. Even if one or more owners of a building leave, documents are available from time to time.
• A registered apartment association may initiate and participate in legal battles in which one or more members of a building are involved.
• Governance and law enforcement is the responsibility of this organization. The final responsibility for decorating and decorating rests with the organization. Therefore, it ensures that the apartment is safe and secure for the occupants.
• Property taxes and other taxes based on your address are also facilitated for inspection purposes.
• Defective residents can be formally assessed. It helps to maintain peace within the community and often looks at any conflict between residents. Automatic therapies can be used in a very simple way.
• Registered organizations also help you speed up banking-related processes.
• Repair work and general welfare are taken care of by the organization.
• Additional information such as details of common areas and patent systems are also recorded for future use in the event of legal issues. This information is contained in the Declaration Title.
The government provides many benefits to the following non-profits:
• One of the most important things that people give and not profit is tax benefits.
• The public must be registered under the Act to gain legal status.
• Public registration provides legal status and is essential for opening bank accounts.
• Used to obtain certificates and accreditation under the Income Tax Act and official public buildings.
• Respects communities in all forums and in front of all authorities.
• Non-profit businesses are eligible for income tax benefits if they are set for donation purposes and meet all the requirements of the Income Tax Act.
It represents your interests !
For example, suppose one Ramesh Kumar replaces a neighbour, thanks to a donation of a standard lift. Most of the other citizens were standing with Mr.Ramesh. The maintenance of the elevator required some contribution from all the owners of the flats but a few families were unwilling to donate. In such cases, AOA can act as a mediator and resolve the situation, by helping people understand the benefits. Another important role of AOA in the event of differences between residents and members of the executive committee.
It protects your rights
Social life is difficult, as it involves many people who come together from different backgrounds. The AOA can help set community rules and ensure that these rules are followed. This ensures normal well-being. Ensuring your safety is the responsibility of AOA. For example, in the aftermath of the Coronavirus epidemic, the Department of Housing issued a set of rules and regulations that organizations must adhere to. Enforcing these rules to ensure your safety is also a priority for AOA.
Maintenance of common areas
Whose responsibility is it to see the maintenance of common areas in the community and to collect maintenance costs? If left unmanaged, they can be left astray and lose the right path. Therefore, while you are busy taking care of your homes, AOA is responsible for the care and maintenance of your community, providing it with a suitable place to live.
Engaging with other members
In your daily life, when family and work are the most important thing to you, you may be inclined to overlook other aspects of life. The AOA can also make special efforts and organize cultural events where all residents can come together and unite.
How do you register an apartment organization?
You need a minimum number of seven people to get together, to build an organization. These representatives would be elected by the citizens of the community. For an organization to be registered, the following information is mandatory:
• Letter of motion addressed to the Registrar of Associations or Registrar General or Inspector genral(Registration), signed by all members of the executive committee.
• Name of organization.
• Organization address.
• Procedures for the first general assembly of the body.
• Organizational memorandum (public name, objectives, names and addresses / member work and rules for printing or typing).
• Normal income.
The organization will consist of a member, a joint member, a general body (all members of the association) and a steering committee (president, vice president, secretary, treasurer and eight other members). This management committee carries out its work for a year before being re-elected.
The process of public registration and compulsory documents
• Registration of communities is maintained by the national government. The same request should therefore be made to certain authorities. Prior to proceeding, all members must be satisfied with the name of the public and proceed to amend the memorandum, as well as the rules and regulations. When selecting an organization name, make sure it does not conflict with the provisions of the Emblem & Names Act, 1950, or recommend any form of government administration.
• The memorandum must be signed by all the founding members and certified by an official published in the gazetted, contractual attorney, hired accountant, affidavit commissioner, attorney, or first class magistrate with their official stamp and full address.
• When you apply for registration, you must provide a separate letter signed by the new members. Other requirements include a duplicate copy of the memorandum of the public body, and a certified copy of it, a copy of the rules and regulations of the community and a duplicate copy duly signed by all the founding members, the address of the registered public office address, the community president announces the relationship between the subscribers and the meeting at which some information will be shared and recorded.
Other important texts
• Aadhar card for all members
• Proof of residence of all members (bank statements, Aadhar card, state debt, such as electricity bill, driver’s license, or passport).
Frequently Asked Questions
A Society / Association is an organized group of people with the sole aim and objectives of non-profitable service. Registration of Societies is optional. Registration of such an association will have legal recognition. It will be possible to run society legally with discipline. Society can sue and be sued.
Ans:- Registrar of Societies i.e., District Registrar of a District appointed under Andhra Pradesh Societies Registration Act, 2001 as applicable to the state of Telangana is the authority to register the societies. Society can be registered in the office of the Registrar in which District the society is intended to be established. Application may have to be made to the Registrar through MeeSeva online.
Ans:- Minimum of 7 persons who have attained the age of 18 years can form a society or an Association.
Ans:- Association could be formed for the following purposes:
Art, Fine Arts, crafts;
Educational, charity, cultural, literature and religious;
Sports (excluding games of chance);
Knowledge of commerce and industry;
Political education and training;
Collection/preservation of historical monuments, technical and philosophical research. Promotion of scientific temper in the society etc.
Diffusion of any knowledge or any public purpose.
Proceedings of the first meeting
Memorandum of Association
List of members of Executive Committee with name, address, occupation, age and signature.
Bye – laws of the Association.
Passport size photographs of Executive Committee members.
Ans:- The name shall not be similar to one already existing in the District.
Names prohibited or registered by State or Central Government through executive instructions or through Emblems and Names (Prevention of Improper Use) Act, 1950.
Names with an Indian Institute or University also cannot be registered.
Ans:- Every year the society within fifteen days from the date of the General Body meeting shall submit a list to the Registrar of societies. And that list shall contain the names and addresses of the members of the Managing Committee (Executive Committee) and officers entrusted with the management of the society.
Executive Committee shall meet at least once in three months; and General Body shall meet atleast once in a year.
Amendments, if any, made shall be filed with Registrar.
Minutes of all the meetings shall be filed with the Registrar of Societies.
Society shall elect Executive Committee members as per its bye laws.
Ans:- Memorandum can be amended by approval in a special General Body Meeting called for the purpose after giving due notice and by approval another special General Body Meeting called after 30 days. Byelaws can be amended by approval of majority of members in Special General Body Meeting. Such amended byelaws shall be filed with the Registrar within one month.
Ans:- Under Section 24 of the Act, a society may by passing a special resolution may dissolve with prior intimation to the Registrar and take necessary steps for the disposal and settlement of the property of the society.
In the event of any dispute arising among the members of the Committee or the members of the society, the adjustment of its affairs shall be referred to the court and the court shall make such order in the matter including appointment of liquidator as it deems fit;
A society dissolved under this section shall file with Registrar a full report showing as to how the property has been disposed of. If upon the dissolution of any society after the satisfaction of all its debts and liabilities if any property remains, the same shall not be delivered to or distributed among the members of the said society or any of them, but shall be delivered to some other society, with a similar objective to be named by a special resolution
Does an apartment association have the power to recover maintenance dues?
Yes, maintenance charges are mandatory payments and every home owner or tenant must pay it. An association can enforce it.
How can an apartment association take action against a developer?
By means of issuing a notice against the builder, by lodging a police case or by lodging a consumer case, an apartment association can take action against the developer.
Do association members and management get salaries?
No, it is a welfare association and a voluntary body. All the funds received through subscriptions are to ensure the smooth functioning of the association but the members cannot take a salary for it. It is purely out of will and dedication.
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