Many individuals prefer apartments due to having a nuclear family, job migration, cost, and shortage of land available for construction. This community living necessitates adjustment and compromise to ensure the common welfare. An example is contributing to safety pieces of equipment in tune with the government guidelines and environmental standards as mandated by housing societies and their association. A registered apartment owners association (AOA) or Residents' welfare associations (RWAs) can support these requirements.
It is important to get an association registered as the National Consumer Disputes Redressal Commission (NCDRC) has mandated that only registered RWAs, consumer organizations, cooperative societies, or AOAs or plot buyers can register complaints against builders in the commission. The registration transpires under the Companies Act, 1956, or any existing law in force.
Any group of homeowners with a common grievance and seeking identical relief against the same individual can join without forming any association to file a case in District Forum if the claim is less than one crore and NCDRC if it is more than one crore.
Registering an apartment association is necessary to form rules and bye-laws in common interest and is mandatory for everyone residing in the building. Community living necessitates adhering to rules so that no one violates the rules of society. It can be making noises in the afternoon or late at night, not paying monthly maintenance charges on time, home office attracting a lot of visitors. These issues if unchecked may turn into chaos slowly. Associations can help in this and any other issues in the neighborhood. Approaching through association has a psychological advantage than individually.
Registration of AOA
The minimum number of persons to form an association is seven and should be unanimously elected by residents of the society or building. To register the association a proposal letter addressed to the Registrar of Societies, signed by all executive committee members with name/address of the association and minutes of the first general body meeting along with the memorandum of association (name of the society, objectives, names and addresses/occupation of members, bye-laws along with the fee is to be submitted.
AOA consists of each apartment owner as an associate member other than the owner but lawfully occupying, a general body comprising all MOA, and a management committee including a president, a vice-president, a secretary, a treasurer, and eight other members.
The term is generally one year. However, apartment owners can go in for re-election with the consent of all the members.
Benefits of registered apartment associations
AOAs maintain meeting reports, maintaining transparency needed for the smooth functioning of the society. The documents are available anytime for reference.
AOAs can take part in legal matters involving members of the building. It ensures the safety and security of the apartment complex. Assessment of property tax becomes simpler using AOAs.
It helps maintain peace within the society by resolving any dispute between residents and can help in maintenance work and general welfare.
The details of the common facilities and the ownership scheme record are preserved in the Deed of Declaration for future use if legal issues arise.
This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.
