Formation of Apartment Owners Association in Hyderabad

Comments(29) Sub Category:Apartment Bye-Laws,Legal,Owners Association Posted On: Mar 06, 2010

Hyderabad is the most populous city of the South Indian state of Andhra Pradesh. The city is regarded as a blend of traditionality with modernity.The city is administered by a nagar nigam called Greater Hyderabad Municipal Corporation (GHMC). The apartment owners in India can voluntarily form an apartment owners association for the maintenance of apartment and its  amenities. The association may or may not be registered. The registered association can enjoy all the legal benefits.

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Apartment owners association

Apartment owners association plays vital role in maintaining apartment and its amenities. Each apartment complex has its own apartment owners association. Today apartment is a buzz word. An apartment is residential unit or place with basic amenities such as lift, laundry, security, car parking, Gym, playground, house keeping etc. In an apartment, there are common area that is not owned by any one person, but serves a common, useful purpose for a group of owners or residents. Common maintenance charge has to be meet proportionately by all flat owners. The main objective of formation of apartment owners association is to collect maintenance charge and work for welfare of apartment owners. The association may or may not be registered. The registered association can enjoy all the legal benefits.

Act for Registration of Apartment Owners Association

  • Societies Registration Act 1860: An apartment owners association in any state may be registered under – the Societies Registration Act 1860. Societies Registration Act is a Central Act.  Societies Registration Act was passed in 1860, though the Act is still in force, it has been specifically repealed in many States and those States have their own Acts.
  • A.P.Societies Registration Act 2001: Andhra Pradesh Societies Registration Act , 2001 extends to the whole of the state of Andhra Pradesh. Any seven or more persons forming a society which has for its object the promotion of art, fine art, charity,crafts, religion, sports (excluding games of chance), literature, culture, science , political education,philosophy or diffusion of any knowledge or any public purpose may be registered under this Act. Any apartment owners association  in Hyderabad or societies situated in Andhra Pradesh can be registered under this Act.

Formation of Apartment Owners Association

An apartment owners association may or may not be registered. The registered association can sue or defend any legal action against the association on behalf of the association. The registered association can enjoy all the legal benefits. Any seven or more persons associated for apartment owners association can register a society under A.P.Societies Registration Act 2001 by subscribing their names to  memorandum of association.

Every owner of the apartment complex is a member of the Association. To register apartment owners association, enclose the Bye-laws (rules and regulations) of association and a memorandum with following details: desired name of the Association, aims and objectives of the association, and who in the association will be authorized to correspond with the Registrar of Societies (typically the President of the Association). All applicants need to sign on the application, along with a witness’ signature.

If the memorandum and bye-laws are in accordance with the legal requirements, then the same can be registered. The memorandum and bye-laws have to be printed or typewritten and have to be signed by the members. Registration of apartment owners association can be done either at the state level (i.e., in the office of the Registrar of Societies) or at the district level (in the office of the District Magistrate or the local office of the Registrar of Societies).The procedure varies from state to state. However generally the application should be submitted together with Bye-laws and Memorandum of association, declaration by the members of association and prescribed registration fee.

Roles in association

  • General body or Member of Association: All apartment owners in an apartment complex is memmber of association and form a general body. The general body can alter, amend or add the bye-laws, with the approval and consent of at least 13 members voting in general body. All members of the association are bound by the bye-laws.
  • Management Committee: General body elects members by and from general body as Management committee.The Management committee is typically composed of a President, a Vice President, a Secretary, a Treasurer (together known as the Executive Committee) and 8 other members. The period of office of the elected members is typically 12 months.Management committee represents association before all official and non-official bodies concerning building and other member’s rights and interests.
  • Associate Members: The Associate members are residents or persons, other than the owner, who is wholly residing, occupying or otherwise in lawful possession of any apartment.The Associate member pays maintenance charges to use common facilities, but does not have right to vote, unless authorized by the owner in writing.

Any apartment owners association  in Hyderabad or societies situated in Andhra Pradesh can be registered under A.P.Societies Registration Act 2001. A member of association has right to vote and attend all General Body meeting. All members of the association are bound by the bye-laws of association. The work of the Management committee is reviewed by the General Body or  member of Association at the annual general body meeting or any other meeting. Managing Committee can organize social, cultural events, recreational facilities for the resident. Join hand with any other association for common and mutual benefits. It is the duty of managing committee to keep in custody of all original documents connected to the land and building, licenses issued by any authorities relating to apartment complex.

 

29 Responses to “Formation of Apartment Owners Association in Hyderabad”

  1. Krishna says:

    Hi,

    In my apartment complex, we have total 20 flats. Do we still need 13 members to form a general body for voting purposes?

    Another question, in case of small apartment complexes , any change in rules for owners association registration?

    # in case if one of the apartment owner has more than one apartment, is he eligible for more than one vote? i.e. one vote for one unit ??

    Thanks
    Krishna

    • Anjaneyulu K says:

      Voting:Voting shall be on a percentage basis and the percentage of the vote to which the owner is entitled the percentage assigned to the family unit or uniits inthe Declaration.
      QUORUM:Except as otherwise provided in the bye-laws framed ,the presence in person of a majority of owners shall constitute a quorum.
      Votes to be cast in person.
      In my opinion if an apt has only, say 8 apts, with members constituting the executive committee,ie President,Secratary,and Treasurer plus two or more members are sufficent to form the association as the main object is to collect the maint charges and look after the upkeep of apts and their maintenance for peaceful living.What more one wants?

  2. Prem says:

    In out apartment, we have 12 flats from that 2 flats are not paying maintenence since 2005. We registered an association in July 2005, and we got 10 flats who regularly participate in Assocition activites and pay maintenence, but those two flat owners also registerd another association in Aug/sep 2005.

    According to his notice board, he got only 3 members, out of those three members one member has joined in our assoication in 2007.
    Does his association has any validity?
    As he is claming His assoication is Active. But they got 2 members in it and our association has formed before them, active since then and we got more members compared to his association.

    If we want to cancel their association what we have to do?

  3. m.p.rajeswar says:

    Dear Sir,
    I am M.p.Rajeswar residing in S.N.B.Apartment in nellore the builder has not handed over the apartment to the association officially.help me how the common expences can be beared, 2 flat owners not paying maintainance for the last one year what shall we do?

  4. R.KALYANI says:

    sir,
    I own the ground floor of an apartment complex in visakhapatnam . since more than 7 years. I got my premises registered as two apartments one in my daughter’s name as a bigger portion and another as a three bed room apartment in my name. I have one water tank and one water meter attached to the respective apartments.our apartment owners had not formed an association and got it registered. few of the residents joining with the builder are harassing me.I am a senior citizen who underwent two open heart surgeries. after my stay in the apartment for more than 6 years they want to treat my bigger portion as two apartments during this month that is aug. 2010 and want me to pay double the maintenance charges since I stay alone.when I questioned, water supply was cut to my house. please advise me to whom should I approach, instead of going into a legal hassel.

    • Anjaneyulu K says:

      Sir,
      To get rid of this trouble it must be recorded in the sale deed of the apartment before registration that each apartment irrespective of area of the unit must be treated as one unit and so maintenance is same for all units.This clause must be incorporated in sale deeds of all the apartments in that complex and registered.

  5. SRINIVASRAO says:

    sir we are the flat owners. but the land lard is not allowing to go to the terr ass for our regular usage.(walking. keeping dish ect….)he had put grill and locking it. we had went to consumer court last 4 years we did not get any result for it. Please help us and guide us for it.
    Thanks for it.

  6. Ganesh says:

    We live in one apartment tower in the complex of two and the otherone is being constructed now. Can we register the association now and what kind of right do we have on the aminities and how to defend the builder if they create any issues on the common area? also, do we need builder to give any documentation to register the association? Please help.

  7. Jiten Kumar says:

    We have 4 apartments in our building. We don’t have a society or welfare association. There are plenty of leakages from the terrace which is in common area and I dont have any right on it. But when I ask other owners to share the water proofing bill no body is willing to share. The builder himself stays on d 1st floor. Can I seek any legal  help? Do the clauses of apartments association  or society apply by default to all the apartments? Pl help.

  8. I have a two BHK at Door No.6-3-630/302, Sai Sharan Apartments, Khairatabad, Hyderabad 500 004. Original permit for construction was for 12 flats (Cellar for parking only and G+2) each floor with four flats, but the builder/developer by name Pinky Construction constructed one more floor with two pent houses each equivalent to two flats in lower floors and also one flat in cellar and got it registered in the name of the Pinky Construction violating the undertaking given at the time of obtaining the building permit that there will not be any construction in cellar now or any time future and it would be used for parking. But some flat owners have been denied the parking facility and they are parking their cars on the road in the blind lane leading to this complex. To make the MCH people to give assessment number they have given the numbers to the flats as if they are on the third floor 6-3-630/305,and 6-3-630/306 for the pent houses and 6-3-630/307 for the construction in cellar. The maintenance charges are not given as per the plinth of the flat and although the annual municipal property tax for flat is Rs.1400-1500 and for the flat in cellar it is Rs.1300 or so and the taxes have not been paid to the municipality since the completion of construction somewhere in 1992 the MCH never bothered to collect it and the maintenance unilaterally fixed by the builder for the flat in cellar is Rs.50 per month and none of the other flat inmates paying monthly maintenance  Rs.600/- demand proper maintenance charges for the flat in cellar. There is no registered association because the builder has no interest in registering it. They have put a tread mill in pent house 6-3-630/305 and while some body is doing treadmill it causes lot of noise in 6-3-630/302 just below flat of the pent house.
    The noise we are feeling when some one is doing treadmill  is like some one is running on the head/skipping on the head. How to tackle such problems may be advised.

    • Nirmala says:

      sir,
      I am a senior citizen living in chennai in a groundfloor apartment The upper floor residents use treadmill and create more noise and vibration I would like to know how you tackled the situation.
      Thank you,
      Nirmala

  9. Venkat says:

    Recently we purchased a flat near by BHEL. But all flats are not sold, my builder gave a rent to 15 bachelors, now they are creating new sense..is there any rules and laws for FLAT owners?

    • Sagar says:

      Why not write to your current laonldrd and ask him/her if you can use your security deposit for your last months’ rent. If they will permit that, then you don’t need to do a payday loan.Otherwise, try to borrow it from family members, friends, or if you belong to a church, see if they will help out. payday loans are killers and you will pay a fortune to borrow this.Another option, since your score is pretty high, is to go to the bank or credit union where you have your checking account and ask them for a personal loan. They will usually approve an amount this small on the spot.If all this fails, see if you can get a postponement for a month on some other big bill such as utilities to free up some cash that way.

  10. Excellent information.. which I believe will be very useful for me.

  11. It’s hard to find knowledgeable people on this topic, but you sound like you know what you’re talking about! Thank you for this article!

  12. It’s hard to find knowledgeable people on this topic, but you sound like you know what you’re talking about! Thank you for this article!

  13. Air Commodore Dr HSR Arora says:

    Sir,
    I am a President of a Housing society it was formed one yr back. Some of owner members have encroached the common area by putting shoe racks/partitions/potted plants.Multiple requests were made for vacation of the common area .Now large number of the residents have said they will also occupy common area. The Executive Members decided to levy the penalty of Rs 500/ & clear the encroachment failing which water-electricity connection shall be cut? I wish to know from your self is it a correct action from the registered society or otherwise kindly advice.

    • pankaj says:

      Hey AirMan Arora, cutting water or electricity connection is illegal and a crime. It is not YOUR water. Water is free in India, and you cannot stop someone from accessing free water. Also, cutting their water connection will not cut your costs in getting the water. Try and understand this simple thing. It is not YOUR water and you may pay for its TRANSPORT but do not pay for the actual water itself. So you cannot claim it as your own unless it is within your own private property (not common property).

      If you just want to act tough, why you cutting someone’s water connection, go to Olympics and represent India in boxing and wrestling. Show us how tough you really are?

  14. padmini moningi says:

    Sir,I am from Vijayawada. Recently we purchased an two bed room flat in group houses.In this there are three bed room flats also. I have doubt regarding lift maintenance so of our flats owner staying in two bed room asking two less the charges of lift because we are not using the flats is it reasonable

  15. Kishore says:

    Sir, After total Construction of a Big apartment consisting of 200 Flats, if only 50% of the Owners have Occupied their respective Flats & the rest 50 % have Not turned up so far, I want to know whether the Builder will have the Rights to maintain the total Apartment by collecting the Maintenance Charges from the Occupancy or say that 50% Flat Owners who are staying there now, can form an Owner’s Association & take over completely from the Builders. Pls advise at the earliest. Tnx & Regards,

  16. Prof.Murty says:

    Maintenance charges are specifically meannt for the maintenance of common areas, security, standby generator etc which is literally the same for everyone and hence should be shared by all the residents(means number of people in all the apartments) equally. Putting the charges based on the area of the Flat has no scientific basis.
    For Example, If we are 100 people staying in our flat and we pay the same charges as the other family next to us who are just 3 in their apartment. So the society should count the number of persons living in each apartment(and using all the common areas) and then distribute the charges accordingly.
    The area of the Flat has nothing to do with the maintenance charges because they don;t maintain that area.

  17. Hari says:

    Sir, I recently booked a flat in the Aliens Group, Hyderabad. However now I understand that people who have made payment more than 3 years back and were promised delivery a year back have not got posession of theirs yet. The builder meets individuals and conveniences them with false promises. We plan to form a Property Owners Association (POA) and approach the builder to get some legal commitment on timelines. What is the process for forming the Association? and do we necessarily need the builders help in forming am association? (Which conflicts with his interest).
    Thank you for all your help.

  18. Raman says:

    Sir, in my apartment total 4 Floors ( 16 houses) are legal Houses

    The builder has illegally constructed one extra house in the terrace area and sold to somebody. Now the builder is calling for Registered association with all the Apartment members Plus illegally constructed Terrace building person also.

    Suppose If we go for the association with illegal construction occupant (Terrace building person ) whether it is correct or only legal 16 people can form a Legal Registered Association? Please explain?

    If we register the Registered Association with illegal flat person, tomorrow we have to face any problem? What type of problem , it is good or bad please explain sir.

    Please give reply.

    Thanks for your help.

    Raman

  19. Sir, we are only five owners , one is on ground and two are on 1st floor and 2 are on 2nd floor, can we form an association please advise me.
    Prof.A C Sarna

  20. narendra babu says:

    we have 17 flats in our complex. 2 persons are refusing to pay maintenance charges on flimsy grounds what to do

  21. D V S Raju says:

    Sir,
    When I ask my President/treasurer they are not giving account of the appartment and no meeting is conducted since last seven years. On paper i have asked for the accounts. But no reply was given since last two year. how to proceed further. can u please advise me.

  22. Kaleem says:

    Need legal help to form an Association in Hyderabad.
    Where/ How can I get such assistance.Pl advice

  23. MURALI KISHORE says:

    SIR
    MY APARTMENT IS LOCATED AT MIYAPUR HYDERABAD LAST 4 MONTHS BACK I HAVE BY THE DOG THAT TIME OUR SOCIETY PEOPLE NOT OBJECTED FOR THE DOG RECENTLY OUR GENERAL SECRETARY WANTED CREATING PROBLEMS AND BANNED THE DOGS IN OUR APARTMENT SO I HAVE ANY RIGHT TO PUT THE DOG IN MY FLAT PL TELL ME SOLUTIONS AND ANY PERMISSIONS REQUIRED FROM MCH OTHER DEPT

  24. more information says:

    I wanted to thank you for this great read!! I absolutely loved every little bit of it. I have got you bookmarked to check out new stuff you post…

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