Kerala Real Estate: How to form an apartment owners association in Kerala?

Kerala Apartment owners association plays vital role in kerala real estate and in kerala apartment culture.

With an increase in the real estate sector in Kerala since the 1980s, there are a number of high- rise residential complexes and apartments in its mini metro areas as well as the city centres which are being launched. The boom in the residential complexes has resulted in the wake of apartment culture in Kerala. Here arises the need for the formation of apartment/Flat owner’s association which is the mutant of home owner’s association (hoa). How well are these apartment owner’s associations equipped and cater to the resident’s demand?

Each state in India has innumerable apartments with different association rules. In an apartment, there are innumerable issues related to the daily requirements like the provisions for security, uninterrupted power, water, payment of utility bills and others which should be handled and managed in an organised manner. So a property owners association is formed to handle the pressures of multi-tasking. In such cases the apartment owner’s association plays an important role.

The Kerala apartment ownership act was formed in 1983.The activities of an apartment owner association is implied to all the apartment’s in Kerala and was initiated to protect the rights of the apartment owners to their satisfactory and effective administration. This article throws light on the rules, regulations and objectives of the apartment association in Kerala. The objectives in the association will be implied by an apex body governed by the managing committee and a zonal body representing each districts governed by the elected / nominated members of that district shall be established and the zonal body will be strictly under the control of the apex body.

Main objectives of the Apartment Owner’s Association of Kerala (APOAK)

• The association implies the rules to settle the issues which the flat owners are facing from the builders, authorities and government sectors frequently.
• It creates a formal, hassle free agreement contract with the builders.
• It works towards introducing hassle free rules and regulations for the apartment owners.
• It takes initiative and gives representations to improve the Apartment Ownership Act 1983.
• It works for the integrity of the nation by forming a community.
• It supports all or any of the matters which are laid down in the Apartment owner’s association bye laws.
• It helps to represent the association before the government and other authorities for any common purpose, which may impact the members monetarily and take necessary steps.
• It works for the educational, cultural and social developments of the apartment community.
• It represents the apartments association in all matters pertaining to the common property of APOAK and to negotiate, carry on litigation, settle or compromise with third parties or any matter affecting the common rights and properties.
• It helps to establish and carry on jointly with individuals, institutions, educational, physical, social, recreational or other activities for the benefit of the apartment owners and for the regulation, maintenance, up keep and welfare of all the apartment owners in Kerala State.
• It helps to establish, maintain and reinforce the contacts in order to render help or assist to all the apartment owners associations and owners.
• It acts as a common platform of apartment owners or owners associations in Kerala.
• It establishes a clear construction standardization and quality assurance of the apartments.
• It helps in the investment and the acquiring of legal activity or the deposit funds to the advantage of the owners, nevertheless the profits and income derived. The income shall be utilized for the development and improvement of the association and shall not be distributed among the members.
• It helps to frame rules and administrative procedures with the approval of the general body of the association.
• It promotes co-operation between members and renders all possible advices and guidances to members in any matters relating to ownership and enjoyment of living in apartments/flats. It also provides amenities and facilities to the members.
• It helps to organise similar objectives in Kerala and further organizes meetings.
• It helps to frame rules with the approval of the general body of the association and administers common facilities.

Membership in apartment owners associations of Kerala

According to Act, Each apartment owner shall execute a declaration and the particulars that should contain in declaration is given in Section 11 (1) and Section 11 (2) says these shall be filed in the office of the competent authority (the person authorised by the Government). Following are essentials to attain a membership in the apartment’s associations of Kerala.

• The member seeking to be part of the APOAK should be 18 years or above and should pay the membership fee of Rs.500.
• The member/owner will have full voting rights.
• The president or the secretary of the flat/apartments owners association in Kerala state has the full voting rights unless otherwise he is authorized by the association of the apartments.

Disqualifying a member from apartment owners association

The member will be disqualified if-

• A member will be disqualified if he has not paid the dues to the association. He will not be entitled to any of the rights and privileges or services enjoyed by the other members and also the facilities offered by the association. He will be forfeited to all the voting rights until all the dues are cleared.
• A member failing to pay the dues in 30 days after the deadline will receive a notice in writing by the secretary. If the dues are not paid within the 10 days of the notice period the membership of the person will automatically will be terminated.

Perhaps there are various apartments in Kerala which are still not registered under this act and the authorities watch helplessly as the owners avoid paying the charges. Implementation of these rules in all the apartments is necessary in order to function in a proper manner.

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