registration of apartment owners association apartment owners association act
APARTMENT SOCIETY REGISTRATION

“HOW TO SAFE YOUR RIGHTS BEING A FLAT OWNER” ?

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 ? Yes, 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. Example An organization in an apartment can take a developer to offer a job and open a case to claim compensation for losses caused by improper construction. However, to do this, the organization must be registered. 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. https://edistrict.wb.gov.in/PACE/login.do https://biharregd.bihar.gov.in/Society/Home.aspx What is an apartment organization? (S.R.ACT, XXI-1860) https://www.igrodisha.gov.in/Society.aspx https://edistrict.wb.gov.in/PACE/login.do https://biharregd.bihar.gov.in/Society/Home.aspx https://www.igrodisha.gov.in/Society.aspx https://keralaregistration.gov.in/?lang=eng https://uprfsc.gov.in/ https://www.tn.gov.in/service/dept/92543/3932 https://rcs.delhigovt.nic.in/home/registrar-co-operative-society http://cooperatives.mp.gov.in/en http://enibandhan.jharkhand.gov.in/ http://ncdrc.nic.in/ http://enibandhan.jharkhand.gov.in/ https://www.mca.gov.in/MinistryV2/incorporation_company.html 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