Pune is one of the fastest growing cities in India. No need to tell that it is emerging as a top IT hub, education hub, industrial hub and now realty hub too. People from all over the country even from abroad come here to make it their home because of good climatic conditions, job opportunities and education. As the population is getting dense there are plenty of new apartments are coming into picture. As the number of apartments increasing the apartment owner’s association system has come up to protect the rights of owner of apartment. The apartment owner’s association may or may not be registered but if registered it can enjoy all legal benefits. That is why it is advised to register every apartment owner’s association under the Society Registration Act, 1960. The apartment owner’s association is formed for welfare purpose of the society members. One should not confuse the apartment owners’ association with a cooperative society as it (the owner association) is an organization under the Society Registration Act.Why form an association?The association of apartment owners is formed with some common objectives like collection of maintenance charges, looking into matters of society and to work for the welfare of association members. The association should call for a general body meeting for every issue and the members then can finalise the issue. One can get the certified copy of Memorandum of Association and the bylaws of Association from jurisdictional Society Registrar office.Right to voteAll the owners of apartment have right to vote as they are the members of association but in case in an apartment people other than the owner residing then he or she will not have a right to vote unless and until authorized by the owner of the apartment in writing. The members who are not owners are called associate members. The members of association form a general body.After forming a general body which has all the owners of apartment complex, members for different posts are elected which is called a managing committee. These posts consist of chairman, secretary, treasurer and individual building representatives if more than one building is there in one society. This managing committee represents association before any official or unofficial body if required in matters relating to building or its members’ rights or interests. Every member of the managing committee has certain duties to be performed.Managing committee1. Managing committee represents the members of association and works for protecting the rights and interests of its members.2. They need to maintain a bank account for collected maintenance charges.3. Supervise the proper utilization of funds collected.4. Maintain transparency in operating the funds collected.5. Organize social or cultural programs for the members or people living in the apartment society.6. Maintaining and safeguarding documents relating to land, building, etc.7. Conduct regular meetings in order to discuss various issues relating to society, members and solving them.8. Cooperate with other association for common benefits.Chairman1. He or she is a person appointed by the members of association and can sue or defend any legal actions on behalf of association.2. He is the highest authority in an association and it is his duty to ensure smooth functioning of association and to make sure the funds are used for welfare of association members.Treasurer1. As the name suggests his/her main duty is to maintain the documents and funds collected.2. To operate the income and expenses of association’s account.3. He can maintain the funds in order to meet apartment maintenance requirements.4. Any member can contact treasurer to get information related to funds.Secretary1. The main responsibility of secretary is to organize and conduct the general body meeting of members of association.2. Maintain the minutes of meeting and circulating the same among the other members who have not attended the meeting.3. He can be source of information for meeting agenda, minutes and further analysis of information.Members of Association1. Each and every member is required to attend the general body meeting in order to update and participate actively.2. All members have right to vote.3. Each member is required to pay the dues decided by the general body.Pointer to remember:
- The apartment owner association has the power to recover the maintenance charges. The maintenance cost of the amenities is required to be shared among the residents of the apartments and the apartment owners.
- If any member from the apartment owners association is seen committing some fraudulent act or causing loss to the association then the association has the permission to take action against that member.
- Notice regarding project delay, compensation for losses or poor construction quality, against the builder can be filed by the members of association.
- If the builder does not respond to the complaint, the association can file a police complaint.
- The registrar has the power to cancel the apartment owner association’s registration, in case if they fail to meet statutory obligations.
In short we can say that an association helps to provide a platform to its members who can come together to solve their common problems related to their society and can raise voice together against any issue that is not in favor of their association or their society. When people are together things can be managed in a better systematic way and that is the main reason to form an association. It is a kind of nonprofit organization which works for its members.Ruchi Mahajan
We need this asso.