DEFINING NECESSITY OF AN APARTMENT SOCIETY
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:
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 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, are designed to prevent unreasonable interference with the use of their respective apartments and 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.
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 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, are designed to prevent unreasonable interference with the use of their respective apartments and 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.
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