Dear Sirs, We are forming a welfare association of Owners ina residential complex in Chennai,in Tamilnadu, having 1200+flats,which is partlycompleted. Some owners are taking possession,Some have registered their UDS and Construction agreement. Some have registered UDS only in 2012. Good Number of owners are out of Chennai and their interest in the flat is taken care by their representative. Some owners have called for the first meeting of all owners to start the process of forming association and deciding the bye laws of association. 1.Now if out station owners can NOT attend the meeting and nominate their representative to pass the by law and vote if necessary by giving an undertaking/authorisation letter from owner to these people who are calling the meeting? 2. if so What type of letter to be given? 3.How the bye law should have a clause to accept these representatives to represent owners in all General Body meetings to protect the interest of Out station owners ? 4.Can these people authorised by owners can be an office bearer? We need your expert opinion on these as per the Law rules prevailing and help out station owners. Thanking you in advance, Krishnan K V +[deleted]
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1. Well. formation of apartment owners association is guided by local law which varies from state to state.
2. In most states consent of more than 1/2 owners are enough to form such association.
3. In your case owners present and their duly constituted attorney are enough to form such body.
4. Give a notice to all owners about formation of such body on a particular body seeking their res[ective consent/
5. An authorised letter pr POA is enough to make the representative duly constituted.
1. A GPA should be executed by the owner in favour of his representative,
2. A clause is required to be incorporated in the bye laws to allow the owners to vote through GPA lest the association would subsequently refuse to recognize the owners as part of association.
3. The owner alone can be the office bearer, not his representative.
Residential apartment owners association is a vital part of a community living. The Association is formed by 7 or more owners in the Apartment Complex approaching the Registrar of Societies together and makes an application that:
A memorandum has to be created. The memorandum will state the name of the society, the objectives and the names, addresses and occupations of each and every member of the Association. This is for creating transparency in the operation of the organization
The bye-laws or the rules regulating the conduct of the affairs of the society will be made. These bye-laws are crucial in the management of the society. The memorandum and the bye-laws have to be printed or typewritten and have to be signed by the members.
After registering the association you can add other owners as member of the association. Every owner of the apartment complex is a member of the Association. In the case of joint ownership, the first person named in the title document is typically the member. No person who is not an owner of an apartment in the complex can be a member of the association. Any person, or persons, other than the owner, who is wholly residing, occupying or otherwise in lawful possession of any apartment in complex becomes an Associate member of the association. The Associate member pays maintenance charges to use common facilities, but does not have right to vote, unless authorized by the owner of the flat in writing.
The association can issue proxy facility for members to attend the meetings
1) POA can be given by flat owners to their representative to attend meeting on their behalf for formation of association
2)POA holder cannot be an office bearer of the association .
3) bye law cannot have a clause that representative can represent owners in all general body meetings
1.Now if out station owners can NOT attend the meeting and nominate their representative to pass the by law and vote if necessary by giving an undertaking/authorisation letter from owner to these people who are calling the meeting?
2. if so What type of letter to be given?
You may read the bye laws in this regard.
If the law allows representation for the owners through their agents/relatives then you may proceed or else the representatives may not be allowed to pass any resolution or cast heir votes.
3.How the bye law should have a clause to accept these representatives to represent owners in all General Body meetings to protect the interest of Out station owners ?
What should contain and what should not in a bye law would be available in the website of the cooperative society itself,you can take cues from it.
4.Can these people authorised by owners can be an office bearer?
Refer to bye laws meant for this purpose.
