Kumari Palany & Co

All about apartment owner association

Posted on: 17/Jul/2017 12:43:29 PM
The rights of every individual in an apartment and the owner are completely protected by the Apartment Owner Association. This maintains all the amenities in the apartment and functions towards the welfare of apartment residents through regularly conducted events and awareness programs.
 
One who owns an apartment in a society has got unbiased interest towards the facilities and common areas in the society. By default, the owners are those who are members of the association. On the other hand, those who reside in the apartment without having an ownership should leave a letter signed by the owner in order to be able to vote.
 
Why should you get registered with Apartment Owners Association?
When you’re living as a community, there are chances for tiny disputes among the residents. Say, you’re approaching a court with such issues, it may get prolonged for months or years for obtaining solution. This is because there will be hundreds of other disputes for the court to attend to. When you register with the owners’ welfare association, you can work as a mediator and resolve disputes and avoid legal interference. In case of a need for legal affair, the legal benefits shall only be given to the registered associations, and those will have the right to defend any of the legal action suggested.
 
How is the Apartment owner’s association done?
One can register with Apartment owners association as per the Tamil Nadu Societies Registration Act, 1975, and the Tamil Nadu Co-operative Societies Act, 1983. To form an association, it was earlier mandatory to have at least 7 members. This count is now brought down to 5 members according to the Tamil Nadu Apartment Ownership Act, 1994. This involves memorandum and by-law registration.
 
In the memorandum, the society name, objects included in the society, names, address, members’ details including occupation and others should be mentioned. At least five of the committee members should sign the memorandum.
 
The set of rules including the provisions of subjects about association are called bye laws. These should include the basic particulars of the association such as the association name, formation date, address, details of jurisdiction, and so on apart from objects, association activities, business hours, etc.
 
The individual who can sue the association – his name and details can be mentioned in bye laws. Details of persons who need to be inquired about business issues should be included too.