An Apartment Society Must Be Registered: Know Why
Oct 03, 2018 Legal Guidance
Apartment Owners Association (AOA) in India is an association where all the owners of society are members, and this voluntary body works towards the welfare of residents such as maintenance of all common areas, enforcing society regulations, conducts various events or awareness programmes whenever necessary and also protects the rights of apartment owners. This organisation also has an authority to settle any dispute in the apartment, to the extent of defending any legal case if filed against the association. To stance an example, if the developer has done a poor job in terms of construction the association a pan file a case to retrieve loss from the developer. All these can be done only if the association is registered as per the National Consumer Disputes Redressal Commission (NCDRC).
According to NCDRC, only registered under the Companies Act, 1956residents' welfare associations (RWAs), consumer organisations, cooperative societies or flat association or plot buyers can seek compensation losses against builders in the commission.
According to NCDRC, only registered under the Companies Act, 1956residents' welfare associations (RWAs), consumer organisations, cooperative societies or flat association or plot buyers can seek compensation losses against builders in the commission.
Advantages of Registered Associations
- Only a registered association can act as an arbitrator to settle any dispute. For example, the association forms specific laws, which everybody in the apartment must adhere to. In case of any conflict, the association can take action against residents who violate the rules.
- Enforcement of law becomes an integrated part of the association to ensure harmony in the society.
- A registered association can take legal against any member who commits an offence such as forging or causing any loss to the association. Association must maintain proceeding reports to ensure transparency and smooth functioning of the society.
- A registered apartment association enjoys the overall execution of tax formalities or bank operations compared to non-registered associations.
Know the Process
AOA requires a minimum of seven members elected by the society to be registered. Representatives need to fill the form and submit the memorandum. Mandatory information is as follows.
A proposal letter that is addressed to the Registrar of Societies. All the executive committee members must sign the proposal. Mention the following:
A proposal letter that is addressed to the Registrar of Societies. All the executive committee members must sign the proposal. Mention the following:
- Association Name
- Association Address
- About proceedings of the first general body meeting in the society
- Memorandum of association (society name, what are the objectives, names and addresses/occupation of all members and by-laws (either printed or typewritten)
- And payment of a standard fee
The association is responsible for filling clear apartment association by-laws, which is subject to changes, as per circumstances. The maximum time limit is three months to register a society. This can be extended to a situation of severe instances. The association management can hold the office for one year. Re-Election can be done with the consent of all the members.
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