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.
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.
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.
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.
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 then 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 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 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.
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