Electing Managing Committee for an Apartment Complex

Managing Committee of an apartment complex maintains common areas, amenities and attends complaints from apartment owners or residents of the apartment complex. 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. Management Committee represents apartment owners association before all official and non-official bodies concerning building and other member’s rights and interests.

Formation of Apartment owners association

Before electing the Managing Committee, an association of apartment owners should be formed. An apartment owners association in any state may be registered under – the Societies Registration Act. Apartment owners association may or may not be registered ; but the registered association can enjoy all the legal benefits. Registered association can sue or defend any legal action against the association on behalf of the association.

An apartment owners association can be formed and registered with minimum seven members; and later more members can be added to association. All persons who have signed the application for registration of association shall be deemed to be the original 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.

It is mandatory for all owners of the apartment to become members of the association. On becoming a member of the association, each apartment owner shall receive a copy of the bye law of the association. If the apartment owner is a firm or company, membership of association shall stand in the name of the firm or company and the person authorized by the firm or company shall be entitled to vote and attend meetings on behalf of the company. In case of Joint ownership, the membership of association shall stand in the joint names but the person whose name stands first in the sale deed shall alone be entitled to vote.

Electing the Managing Committee of the association

First the general meeting of members elects the Managing Committee of the association. Only one member from a family can be a member of the Managing Committee and no office bearer of the Managing Committee can continue to be an office bearer of the Managing Committee for more than five terms with not more than two terms consecutively. Elections of all the members of the Managing Committee shall be held once in two years. The meeting of the Managing Committee meets at least once in 30 days at the Office of the Association. Special meetings of the Managing Committee shall also be called on written request with at least 50 per cent of members of the association stating clearly the purpose of the meeting.

Procedure for election of members of the Managing Committee

The first general meeting of members of the apartment owners association elects the Managing Committee typically composed of a President, a Vice President, a Secretary, a Treasurer (together known as the Executive Committee) and 8 other members. Elections of all the members of the Managing Committee shall be held once in two years. The term of office will commence from the date of the Annual General Meeting date till the next Management Committee takes charge. Following is the procedure for the election of members of the Managing Committee.

• Appointment of Election Officer: The Election Officer or Returning Officer would be elected in the Annual General Meeting one year before the Managing Committee gets dissolved. The election officer shall have the powers and responsibility to conduct the elections.

• Publication of the list of members: It is the duty of the election officer to prepare the list of members in the Association and publish the list of members on the notice board in the registered office of the Association.It is the duty of the election officer to prepare the list of members in the Association and publish the list of members on the notice board in the registered office of the Association.

• Nomination from members: The Election Officer invites nomination for the Managing Committee from members of the association. If an association member is in arrears of maintenance or contribution to any common expense, he/she shall not be eligible to contest the election.

• Scrutiny of Nominees: After receiving nomination from members of association, all nominations received are scrutinized and shall be placed in a sealed envelope and handover to the Election Officer by Secretary.

• Election Program: Not less than 90 days before the expiry of the term of the existing Managing Committee shall the said Committee prepare the election program. The Election Officer will draw the program accordingly so that his report including election results can be placed before the Annual General Meeting. The Election program shall formally be notified by the Election Officer.

• Date of voting: Date, time and place for voting etc shall formally be notified by the Election Officer. Voting shall be by raising of hands or by secret ballot, as the case may be. The Election Officer will draw the program accordingly so that his report including election results can be placed before the Annual General Meeting.time and place for voting etc shall formally be notified by the Election Officer. Voting shall be by raising of hands or by secret ballot as the case may be. The Election Officer will draw program accordingly so that his report including election results can be placed before the Annual General Meeting.

• Handover of Office and accounts: The date of voting shall synchronize with the date of the Annual General Meeting which will be within a week after the elections. The Election Officer would, after the elections, invite the elected members and President of the Managing Committee to take office. The outgoing Managing Committee would have the responsibility to complete all accounting procedures and finalize the accounts within the date of remission of office. He would also get all the elected members of the Managing Committee, including the President to sign a Code of Conduct which would guide their actions during their term.

The outgoing Managing Committee would have the responsibility to get the accounts audited within the next three months after remitting office. If after two years of the term of the Managing Committee, the new committee is not elected, the Board of Trustees would create a Caretaker Committee (CTC). The CTC would not have any financial decision making capacity other than carrying out routine expenditures.