Friday, April 21, 2017

Need for Apartment Association & Resident Welfare Organization!!!

Apartment Association:-

An Apartment Owners Association (AOA) is a supremacy that secures the rights of the apartment owners, keeps the facility in the apartment and works for the welfare of the residents of the apartments by conducting events or awareness programs.

Apartment associations in India are established by a voluntary association of the owners of a particular apartment in India.

Apartment association is not to gain or a profit organization, but purely to take the best care of the residents of the apartment and intercept them from suffering any discomfort.

Registering of Apartment Association is not necessary, but it is necessary for getting any legal help easily. If we approach a court for such small issues it might take several months or even years to sort out such disputes as the court will be dealing with many other bigger disputes to take care off. A registered apartment owner’s welfare association will help work as an arbitrator and helps in resolving the dispute without any legal interference.

Aside from central laws like the Apartment Association Act and the Societies Registration Act, there are local legislations in different cities. You would have to form the apartment owners association under the local legislations.

Key points to remember while forming Apartment owners association:-  

  • For forming an association minimum of 7 members are required. Out of these 7 members need to be appointed as office bearers and others to make sure that the Association is managed properly. The office bearers are responsible for the rest of the Association and to the members of the Apartment as a whole.
  • A memorandum has to be created and the memorandum should contain the objectives and the name of the society, addresses and occupations of each and every member of the Association. This is for clarity in the operation of the organization.
  • The bylaws or the rules control the conduct of the affairs of the society will be made. These byelaws are critical in the management of the society. The memorandum and the bylaws have to be printed or typewritten and have to be signed by the members.
  • The memorandum and the bylaws will be filed with the registrar of the societies perturbed by a member of the committee of the society. Regular updates to help prevent any questions being raised as to the correctness of the operations of the society.

The memorandum and bye-laws of an apartment association are important to the operation of the Association. Make sure that the association creates these documents with due care and caution.

Ensure that all members of the apartment association are informed of the existence of the association and the maintenance charges payable, if any. Most discourse arises due to the residents are not made aware of the rules and charges. The association meetings and activities should be conducted regularly.

Resident Welfare Organization:-

A Resident Welfare Organization (RWA) is the registered group of residents of a certain locality. RWA is organized to develop the particular locality only. The functioning area of a Resident Welfare Organization (RWA) is very limited, not even a complete state. In most cases a Resident Welfare Organization (RWA) functions only within a small defined residential area

For a new residential area a registered Resident Welfare Organization (RWA) is very important to association with government on behalf of all residents. A productive and well organized Resident Welfare Organization (RWA) is necessary to have a proper garbage disposal, security, utility services and other services.

What are the benefits of registering an Apartment Society? :-

  • The registered society can easily initiate the legal proceedings. The Society can sue or be sued in its own name.
  • The process of imposing healing measures for defaults and other actions of defaulting or erring members is also well set and will ease the obtaining of interim measures without waiting for formalities to be completed.  
  • It is easy for Opening a bank account and other bank operations.
  • Tax formalities are also easy with registered apartment society.
  • A registered Apartment Society has to audit file and various records mandatory. This will be helpful in maintaining clarity of the affairs of the Society. This will also serve as a back up and can be extremely helpful in handling long pending matters or matters where reference has to be made to the earlier bye-laws or records.

To know more about registration of apartment association or welfare society or For any online legal consultation from the best lawyer, visit the biggest online legal solution or can download the app

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