- As per the information mentioned in the present query, makes it clear that the society has newly registered in accordance of law.
- Yes, those have signed the MOU only they are required to be the part of the committee for one year at least.
- If there is any change in the same then first make changes in the society registrar’s office, and then new committee will be formed after election.
- Every flat owner has to lag the maitanance charges tot he society who will only act as Gurudas if all funds specifically for the maaintenance purpose.
How to elect first set of association committee when apartment association is newly formed?
As per byelaws of maharasthra Association of Apartments, committee should be elected in presence of election officer. Is this applicable when association is newly formed? Please advise. 2. Is that true that whoever has signed bye-laws is only eligible to be member and can be part of managing committee? 3. Are maintenance charges applicable to the flat owners if they have not signed association bye-laws? If not how association can maintain the premises?
Asked 7 years ago in Property Law
Religion: Hindu
8 Answers
1) If new association is formed whether all members are interested in to form a Apartment or Co-operative Housing Society?
2) First you have to apply for proposed society.
3) Than after getting permanent tag Registrar will perform all elections procedure in the society as per all rules and norms of MCS Act. And a body will elected by all members who is owner of the flats.
Elections should be held in presence of election officer
2) only members of association can stand for elections to MC
3) maintenance charges can be levied only on members of association
1. There is no legal bar to make a person as memebr of the Managing Committee . The appointment and removal of a member of the MC would solely depend on the directiosn as mentioned in the Bye laws.
2. same as above.
3. Maintenance charge is applicable to all flat owners irrespectie of his membership to the MC. The MC in its majority resolution can fix the maintenance cahrge to be imposed upon each flat owners.
The initial subscribers to the by laws are authorised to chosec the election officer and to inform the registrar in this regard and the election officer has to start the election process as per the model by laws for election of the members.
If an apartment owner is not the member of the association he will not be allowed to vote however it is mendatory to have the membership by apartment owner.
The Common area maintenance is compulsorily to be paid by all the apartment owner irrespective of any condition.
1. Sir the election has to be held for formation of managing committee in presence of the election officer. The member interested can contest.
2. New members can be joined as per byelaws.
3.only member have right to use common facilities and maintenance can be levied on them only.
1.yes it should be in presence of election officer from registrar.
2. no. its not mandatory.
3.Mainteance charges anyways applicable who has taken possession of flat or is a member even if he is not staying.
Before electing the Managing Committee, an association of apartment owners should be formed. An apartment owners association in any state may be registered under – the Societies Registration Act.
An apartment owners association can be formed and registered with minimum seven members; and later more members can be added to association. All persons who have signed the application for registration of association shall be deemed to be the original members.
The procedure varies from state to state. However generally the application should be submitted together with Bye-laws and Memorandum of association, declaration by the members of association and prescribed registration fee.
It is mandatory for all owners of the apartment to become members of the association. On becoming a member of the association, each apartment owner shall receive a copy of the bye law of the association.
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 or Returning Officer would be elected in the Annual General Meeting one year before the Managing Committee gets dissolved. The election officer shall have the powers and responsibility to conduct the elections.
As far as the maintenance charges are concerned, all the flat owners whether they become members or not, are obligated to pay it to the association since it is common area maintenance.
