How to form an apartment owner’s association in Gurgaon?
With more and more cases of flat owners being exploited by developers and builders in Gurgaon, there have been various measures taken to protect the buyers and owners from falling into traps. One such action is to form an effective apartment owner’s association which plays a major role in guiding and functioning of each apartment society.
What is an apartment owner’s association?
An apartment owner’s association is a volunteer association formed by a group of apartment owners. The association may or may not be registered. But by registering the association, members can enjoy legal benefits and also the association gets a unique name. An apartment owner’s association can be formed under the preferred city government ownership Act. All the apartment owners need to gather at a selected venue at the time of the registration. However, the builder can register the association if the owners give the power of attorney to the builder for forming an association.
Apartment owner’s association in Gurgaon:
An apartment owner’s association in Gurgaon is formed under the Societies Registration Act an 1860 and Haryana Apartment Ownership Act, 1986. As for every apartment association, bylaws are a major part of an association. The Apartment ownership Act states that every building will function based on the Gurgaon provision’s Act.
What are the requisites of forming an apartment owner’s association?
– A minimum of seven members are required to form an association.
– A memorandum has to be created stating each individual’s society name, objectives, name, address and occupation.
– The bylaws of the society will be created.
– The memorandum and the bylaws will be filled with the registrar of the societies concerned by a member of the committee of the society.
– The memorandum will be registered.
– The memorandum and the bylaws have to be printed or typewritten and have to be signed by the members.
– Certain amount of registration fee is to be paid by the members.
– Every apartment member who has submitted his/her apartment to the provisions of the Act will be the member of the association.
– Each apartment owner will receive a bylaw copy once he/she has paid the registration fee.
How to form an apartment owner’s association?
To form a general body:
The key officer of the association will be the president followed by a vice-president, a secretary and a treasurer. These officials will be elected by the Board of Manager. However, the board will also appoint the Assistant Treasurer and an Assistant Secretary. The officers of the association will be elected by the board of members on an annual basis. The apartment owners form the members of the association and is a general body. The management committee represents association before all official and non-official bodies concerning building and other member’s rights and interests.
Duties and powers of Apartment Owners Association:
All the owners of an apartment complex are the members of the association but people other than owners who reside or occupy an apartment will have to pay maintenance charges for enjoying common facilities and do not have right to vote unless authorized by the owners of apartment in writing.
Each and every member has his own duties and rights in an association. Here are some duties of each member.
President:
– He is the person who can sue or defend any legal action against the association.
– Ensures the income and expenses of association is for the welfare of members of association.
– Enters into contracts approved or assigned by the committee.
Treasurer:
– Maintain funds and documents relating to association.
– Operate income and expenses of association empowered to operate bank accounts of association.
– Maintain cash to meet expenses and maintenance of apartment.
Secretary:
– Organizing and conducting general body meeting of association members.
– Attending meeting representing association
– Taking and maintaining minutes of meeting.
– Collecting and analyzing information from members.
Management Committee:
– Organize social, cultural and recreational facilities for the members or people in the apartment.
– Represent members of association and protect rights and interests.
– Open and maintain bank accounts of association.
– Work for welfare of residents in association and co-operate with other associations for common and mutual benefits.
– Ensure that the funds are used for the maintenance of building and promotes charitable feeling among members. Encourages religious, social, cultural and educational activities.
– Keeping safe custody of documents relating to land, buildings and license issued etc.
– Conduct meetings, discuss the problems and provide adequate solutions.
Members:
– Attend general body meeting
– Right to vote
– Pay the dues decided by the general body and abide by the bylaws.
