How to register an apartment Owner's Association ?

Q: I am staying in an apartment in chennai. It is a newly constructed one. And here this tower is consist of 20 apartments total. We want to make owner's association. Most of the owners are giving rent here.

VKumar, Chennai

21st October 2014

Legal in Thiruvanmiyur, Chennai

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Replies (1)

Hi Mr Kumar,
As per my knowledge, Flat owners association can be registered under Tamil Nadu Societies Registration Act, 1975. The number of people needed to form a flat owners association is 5. Before apartment ownership act 1994, the minimum number of owners needed to form the apartment owners association was 7.

Ravi Kumar, Chennai

21st October 2014

Comment

Hi All,

In my point of view, it is very much important actually to for an owner's association. A registered apartment or flat owners association has the right to mediate small disputes that might arise between the owners without the use of legal procedures. Even if legal intervention is required, a registered association can be used to sue or defend any legal position.

Javed, Chennai

21st October 2014

@ VKumar,

Flat or Apartment owners' association is a body that protects the rights of owners, maintains the amenities in the apartments, and provides facilities required for the welfare of residents. Any owner of an apartment has vested interest in the common facilities in the society. All owners become members of owners association by default. However, the residents who might not be owners of flats need a written letter from the owners in order to obtain the right to vote.

Priya Sharma, Chennai

21st October 2014

Hi All,

As per knowledge, you have to follow some rules & regulation while making owner's association. Like
A memorandum with the name of the society, reason for existence of society, names and addresses of the members of the association needs to be registered and signed by a minimum of 5 people.

Byelaws exist to govern the rules by which the association should exist and govern.

Shyam Sundar, Chennai

21st October 2014

Hi ,
Yes Mr Shyam, I agreed with you. According to me, the byelaws contain particulars about the association. For e.g. name of association, date of formation, address, etc. along with other details like business hours and activities of association.
Name and details of the person who can sue or defend on behalf of association also need to be mentioned.
Details regarding qualifications and enrollment of members including any fee that needs to be paid to enroll in the association also need to be mentioned.

Venu Gopal, Chennai

21st October 2014

Hi Mr Kumar,
Here i am adding some of important point ,
The rights and privileges of members also need to be mentioned. The situations under which a member can be removed or penalized also need to be mentioned.

Details regarding the business of association should also be maintained in records. Maintenance fee and other charges that need to be collected from the residents should also be mentioned along with details on the usage of such funds.

Javed, Chennai

21st October 2014

Hi All
As per my knowledge, clauses regarding amendments that should be made based on bylaws also need to be mentioned. Particulars regarding the dissolution of association also needs to be mentioned.

To ensure that the process is transparent, it is important to keep a detailed record of accounts, minutes of meeting (MOMs), bylaws governing the association, etc. During the business hours, these records must be made available in the association's registrar's office. These books can be used as a source of reference by the members.

Priya Sharma, Chennai

21st October 2014

Hi All,

In my point of view, an association must also maintain records of day to day transactions, maintenance work, etc. The members of association could discuss various issues during general meeting which might involved details from such records.

Javed, Chennai

21st October 2014