NECESSITY OF APARTMENT
SOCIETY
In Bangalore, the rapid
growth of the Apartment culture is seen for the last couple of years. Now-a-
days the educated people generally opine that living in an apartment building
is safer than living in 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.
The motto behind
forming the society is to build cordial relations amongst the occupants of the
apartment building and to 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.
After completion of the
construction of an Apartment building, the Owners of the flats/residents of
such apartment form an association, to maintain the common areas and 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.
After formation of such
societies, the same has to be registered under the Karnataka Apartment
Ownership Act or Societies Registration Act.
Since most of such societies are functioning without getting it
registered, it is advisable to register in order to give legal sanctity to the
society.
The members of the
society should actively participate in electing the members to the Managing
Committee who are honest, disciplined, duty conscious, and hard working. The members of the society should take active
participation in the functioning of the society and put the managing committee
on right track whenever it goes out of track. Generally, retired officers are
preferred choice while electing the managing committee members in view of their
vast experience in life and maturity.
The members of the
managing committee should not have the impression that they are the masters of
the Society and should not dictate their terms in the affairs of the society.
They have to keep in mind that they are the respected persons duly elected by
the members of the Society to look after the interest of members of the
Society.
The
following points are required to be covered while formulating the bye-laws of
the society:
1)
The bye-laws should clearly spell out the duties, responsibilities and functions
of the managing committee and the general body and should be annexed to the
declaration. No modification or amendment to the bye-laws should be considered
to be valid, unless such amendments are put through by way of 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 specifically 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 at least 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 are some of the
guide lines which would help in the smooth functioning of the apartment
societies. The members of the society should bear in mind that the success of
the society shall depend upon their co-operation and co-ordination with the
governing body.
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