In Bangalore,
rapid growth of the Apartment culture is seen for the last five years. Now-a-days
the educated people generally opine that owning an Apartment is safer than an
independent house.
After the
hectic day in office or business, one would like to socialize for some time. In
such case, Apartment living offers excellent opportunities for group living
with a diverse culture.
Object of the society:
The motto behind forming the society is to build harmonial relations with a bond of
common habit and common usage and inculcate the fellow feelings, which itself
transforms into a new community wherein they live as each is for all and all
for each.Further such societies are also necessary for maintaining
Electricity,Water Supply,maintenance of lift,Security,Cleaning of the
premises, Parking,Collection of Garbage, preserving various statutory and
accounting records. Apart from this, the society also looks after affairs,
which includes economic betterment and social welfare.
Constitution of the society:
After completion
of the construction of an Apartment, Owner of the flats/residents of such
apartment,form an association, to take care of the needs of the residents and
maintenance of common facilities.The society must consist of minimum of 7
members.In addition to the above,Managing Committee should consist of at least one or two lady members for effective governance of the society.
Mandatory registration of the
society:
After
formation of such societies, the same has to be mandatorily registered under
the Karnataka Apartment Ownership Act or Societies Act.Since most of such
societies are functioning without getting it registered, it is advisable to
register in order to give legal sanctity and clarity for their activities.
Participation
of the members:
The members
of the society should actively and jointly participate in casting the vote for appointment of the members to the Managing Committee.They should participate in every General Body
meeting and appoint the Managing Committee members who are honest, disciplined,
duty conscious,and hard working.Generally, retired officers are preferred to
be employed as the Manager of the said committee, as the presence of the
aforesaid aspects and qualities are essential to run the Society efficiently
who can carry out their duties at the best of their abilities.
The members
of the managing committee should not have the impression that they are the
landlords of the Society.Further, they should also not dictate their own terms
and conditions or their say in the Society but have to keep in mind that they
are the respected persons duly appointed by the members of the Society to look
after the interest of members of the Society.
The
following points are required to be covered in their bye-laws in order to
practically sort out issue, which may arise now and than such as:
1) The administration of every property shall be governed by bye-laws, a true copy of which shall be annexed to the
Declaration.No modification or
amendment to the bye-laws are valid, unless set forth in an amendment to the
Declaration and such amendment is duly recorded and a copy thereof is duly
filed with the competent authority.
2) The bye-laws shall provide for the
following matters, namely:-
a) The election for the Board of Managers should be among the
apartment owners and that the terms of atleast one-third of the members of such
Board shall cease annually; the powers
and duties of the Board, the compensation, if any, of the members of the Board,
the method of removal of the elected
members from the office of the Board; and whether or not the Board may engage the services of a Secretary, a Manager or Managing Agent, and specifying
which of the powers and duties granted to the Board by this Act or otherwise
may be delegated by the Board to either or both of them;
b) Method of calling meetings of the
apartment owners; what percentage, if other than a majority of Apartment
owners, shall constitute a quorum;
c) Election of a President should be
from among members of the Board of Managers and he/she shall preside over the
meetings of such Board and of the Association of Apartment Owners;
d) Elected Secretary
should keep a minutes book wherein resolutions shall be recorded;
e) Elected Treasurer should keep the financial records and books
of accounts;
f) Maintenance, repair and replacement
of the common areas and facilities and payment therefore;
g) Manner of collecting from the
apartment owners their share of the common expenses;
h) Designation and removal of persons employed for the maintenance, repair and replacement of the common areas and
facilities;
i) The method of adopting and of
amending administrative rules and regulations governing the details of the
operation and use of the common areas and facilities;
j) Such restrictions on the
requirements respecting the use and maintenance of the apartments and the use
of the common areas and facilities not set forth in the Declaration, as are
designed to prevent unreasonable interference with the use of their respective
apartments and of the common areas and facilities by the several apartment
owners; and
k) The percentage of the votes required
to amend the bye-laws.
3) The bye-laws may also provide for
the following matters, namely:-
a) Subject to the provisions of this Act, provision for regulating transfer or partition of any apartment and
percentage of undivided interest in the common areas and facilities appurtenant
to such apartment, subject to such terms and conditions as may be specified in
the bye-laws;
b) Provisions enabling the Board of
Managers to retain certain areas of the building and lease to non-residents for
commercial purposes and for distribution of resulting proceeds to the apartment owners as income or application thereof in reduction of their common charges
for maintaining the building; and
c) Any other provisions, not
inconsistent with the provisions of this Act, relating to the audit and
accounts and administration of the property and annual and special general
meetings, annual report and the like.
These guide lines are the golden rules which are required to be followed for the smooth functioning of the
apartment societies.The duty also lies on the co-owners of the apartment to
duly co-operate and coordinate with the functioning of the society which in
turn contributes for their peaceful enjoyment.
For more details,
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