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 www.licit.ooo
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