How to form an apartment owners association in Delhi?
The importance of an apartment owner’s association:
An apartment association is an assembly formed by the apartment owners to manage innumerable apartment issues based on the bylaws. Bylaws are a set of rules and regulations formed for the peaceful functioning of an apartment. Every apartment association has to be registered with a unique name so that the members enjoy all the legal benefits. However, the builder can register the apartment association if he gets the power of attorney from the owners.
Requisites of forming an apartment owner’s association
1. An apartment owners’ association should have seven or more members aged above 18 years.
2. A detailed memorandum with information of members and the governing body should be created. (Name, address, occupation and others).
3. A set of bylaws should be created for the association.
4. A certain amount of fee for registration will be claimed.
5. The association applicants should sign the document in the presence of the registrar. The society will be thus certified and registered with the approval and satisfaction of the registrar.
Objectives of an apartment owner’s association
Every apartment has common maintenance charges which should be met proportionally by all the owners. The key objective to form an apartment association is to generate the maintenance charges and work together for the welfare of the community.
How to form an apartment owner’s association in Delhi?
The apartment owner’s association in Delhi can be formed as per the Delhi Apartment Ownership Act, 1986. The Act explains the ownership of an individual apartment in a multistory building with an undivided interest of the common areas and the facilities. The Act extends to the whole of Union territory of Delhi. Bylaws form an integrated part of the association. For more information on the Bylaws, follow the link. http://www.commonfloor.com/guide/the-bye-laws-for-an-apartment-society-17035.html
What are the powers to be formed in an apartment owner’s association in Delhi?
The association members are the apartment owners who should pay the maintenance charges to enjoy the common area facilities. An apartment member cannot vote for the association unless he/she is authorized by the apartment owner. However, the apartment owners are known as the association members who form a general body.
The general body has members of the association who are as well the apartment owners. The management committee is elected by the general body from members amongst them. The management committee consists of a President, Vice-President, Secretary, Treasurer and other members. Apparently the management committee will represent the association before all official and non-official bodies concerning building and other member’s rights and interests.
What are the duties of members in a Delhi apartment owner’s association?
The management committee
1. Will organize social, cultural and recreational facilities for the apartment residents.
2. Will represent the association members and protect rights and interests.
3. Will open and maintain bank accounts of association.
4. Will work for the welfare of residents in association and co-operate with other associations for common and mutual benefits.
5. Will ensure the money is used for the maintenance of the building and promote charitable feeling among members. Also encourage religious, social, cultural and educational activities.
6. Will keep safe custody of documents relating to land and buildings, license issued etc.
7. Will conduct meetings, discuss problems and provide adequate solutions.
The President
1. Has the right to sue or defend any legal action against association.
2. Should ensure that the income and expense of association is spent towards resident’s welfare.
3. Will enter into contracts approved or assigned by the committee.
The Treasurer
1. Will maintain funds and documents safely pertaining the association.
2. Will operate income and expenses of association and empowered to operate bank accounts of association.
3. Will maintain petty cash to meet expenses and maintenance of the apartment.
The Secretary
1. Will organize and conduct the general body meeting of association members.
2. Will attend meetings representing the association.
3. Will take and maintain minutes for meeting.
4. Will collect and analyze the information from members.
Members
1. The members should attend the general body meeting.
2. The members have the right to vote.
3. The members will pay the dues decided by the general body and abide by the bye-laws.
