The Management committee nominated by the builder is collecting the maintenance charge based on the super built-up area of each flats for maintenance of common facilities and amenities. All common facilities and amenities are unrestricted, freely and equally available and usable by all the residents, without any discrimination of the size of the flats.
Under this condition, is it justified and legally correct for the Management committee to collect the maintenance charge on the basis of the super built-up area of the flats? Please guide me. The corruption is still there, despite the fact that most of the things can be done online. We are facing a challenge for past 3 months as they keep asking for different papers every time our team goes there. Now we are told that our registration that was done 10 years back and renewed in is incorrect; despite the fact that we have the original certificates signed by same signing authorities and our RWA is now 10yrs old.
Dealing with leeches officials demanding money for a signature is difficult. The societies are registered at the Society registration office in the district or regional headquarters of the state. If you want to form a state-level society, you can do so in the appropriate state. You are commenting using your WordPress. You are commenting using your Google account. You are commenting using your Twitter account. You are commenting using your Facebook account. Notify me of new comments via email.
Notify me of new posts via email. Draft a Memorandum of Association and By-Laws of the society in duplicate with signatures of at least 3 members on all the papers. The Memorandum and By-Laws are strictly to be as per the guidelines in Society Registration Act and should be only for charitable purpose.
Take the address proof of all the members of the society and one of the registered address of the society. Draft a Board Resolution where all the members had desired to form a society together with a approval of name of the society. Make a affidavit at Rs. Address update scam in Ahmedabad: Denim trousers cost Rs 94, Police bust gambling in residential apartment. Haryana: Soon, a rental housing scheme for industrial workers.
NMC to act tough against property tax defaulters. Balaji Manohar essays a hardcore Ambareesh fan in Amruth Apartments. This means that there is should be agenda of voting through proxy in the General Body meeting and that should be allowed by majority of the apartment owners allowing proxy. Without passing the resolution of proxy voting in a General Body meeting proxy voting cannot be allowed. Any person other than the person having name as first owner co-owner in the Share Certificate does not have right to vote until and unless proxy voting is allowed by the GBM.
Even authorized representatives or power of attorney holders does not have right to vote without proxy voting have been allowed in the General Body meeting. An election process is started under Bye-law 13 whereby the Annual meeting of the association shall be called by the Board of Management with a prior notice enlisting therein the agenda of the meeting along with a clear agenda of election, selection of Election Officer from the members present in the Annual meeting , Declaration of Election Schedule.
As per Bye-law 13 at Annual General Body meeting of the association the Board of Management shall be elected by ballet of the apartment owners. There is no direction or bar restraining the Board of Management from declaring Election Schedule in the General Body meeting. As such to have a fixed time schedule, the Board of Management can declare an Election Schedule in the General Body meeting itself.
There is no Bye-law in the Model Bye-laws which provide for appointment of Election Committee for conducting elections and voting. However, to ensure free and fair election, a general practice is followed of appointing an Election Committee in the Annual General Body meeting of the association from and amongst the members present in the meeting.
The Election Committee so appointed should aspire the confidence of the members of the association with respect to their integrity, knowledge about elections and Bye-laws of the association, neutrality towards candidates and uprightness. Election Committee appointed by the Board of Management independently will not aspire to be an independent committee thereby jeopardizing from facing tenet of election i.
As per Bye-law 18, the Board of Management shall be elected by the members of the association by simple majority in the Annual General Body meeting.
The Board may appoint an Assistant Secretary, an Assistant Treasurer and such other office bearers as the Board may consider necessary. Thus it is clear that the association will elect only the members of the Board.
The Board members amongst itself, in their first meeting post-election, will choose their Office Bearers viz. In case of any vacancy cast by any reason than the removal of the office bearer by vote of the association such vacancy shall be filled by voting of the majority of the remaining office berarers even though they may constitute less than a quorum.
As per Bye-law 26 I , the Annual General Body meeting of the association is to be held in the first quarter of each financial year. It is generally known to the stakeholders that an AOA may have got registered in any of the remaining quarter other than first quarter of the first financial year and at the same time the term of the Board is also one year.
As such it may not be possible for the AOA registered in any other quarter of the financial year to conduct election in the first quarter as one year tenure may not be ending in the first quarter of the financial year. The term of office will commence from the date of the Annual General Meeting date till the next Management Committee takes charge. Following is the procedure for the election of members of the Managing Committee.
The outgoing Managing Committee would have the responsibility to get the accounts audited within the next three months after remitting office. The CTC would not have any financial decision making capacity other than carrying out routine expenditures. Chennai: Can residential projects sold through lease deeds come under the ambit of the real estate act?
The case concerns a project called […]. The Ghaziabad district administration has come up with malicious use of evading stamp duty in the buy and sale of residential land in urban villages or those with high potential of development in the district by paying lower circle rates set for agricultural land. The National Green Tribunal slapped a short penalty of Rs 10 crore on a Faridabad builder for violating environmental norms that causing pollution for the city.
The green panel ordered the Haryana government and the state pollution control board to ban the project supporter […]. Formation of Apartment owners association Before electing the Managing Committee, an association of apartment owners should be formed.
Electing the Managing Committee of the association First the general meeting of members elects the Managing Committee of the association. Procedure for election of members of the Managing Committee The first general meeting of members of the apartment owners association elects the Managing Committee typically composed of a President, a Vice President, a Secretary, a Treasurer together known as the Executive Committee and 8 other members.
The election officer shall have the powers and responsibility to conduct the elections. Publication of the list of members: It is the duty of the election officer to prepare the list of members in the Association and publish the list of members on the notice board in the registered office of the Association.
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