Find Serviced apartments Bangalore Owners’ Associations

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Come March – the typical fiscal year end, most Apartment Complexes in India get busy with their annual elections – to elect a new Management Committee of the Apartment Owners’ Association or the RWA – Resident Welfare Association.

But many of us Apartment Owners / Serviced apartments Bangalore Residents have often resurfacing questions on what exactly is the definition of an Apartment Owners’ Association? What is its purpose? Its powers? Its duties? Its alignment with the legislation?

Here is an attempt at compiling answers to the above questions. This is in relevance to Apartment Owners’ Associations in Karnataka. For other states in India, information is most welcome!

The terms Association and Society in this post are used interchangeably.

How is an Apartment Owners’ Association (referred to as the ‘Association’ hereafter) formed in Bangalore?

The Association is formed by 7 or more owners in the Apartment Complex approaching the Registrar of Societies together and makes an application that:

1. Says that they desire to form themselves in to a society under Karnataka Societies Registration Act 1960.

2. Encloses a memorandum with following details: desired name of the Association, aims and objectives of the association, and who in the association will be authorized to correspond with the Registrar of Societies (typically the President of the Association).

3. Encloses the Bye-laws (rules and regulations) of the Association.

4. Encloses the prescribed fee.

All applicants sign on the application, along with a witness’ signature and Voila! An Association is born.

Note: The Association can also be formed under The Karnataka Apartment Owners Association Act – 1972. Documents to be produced include the certified building plan of the building as-built and proof of the property being registered under the Registration Act – 1908.

What are the various roles in the Association?

The Member: 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.

The Associate Member: 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 General Body (GB): All members of the association form the General Body – this is the supreme authority of the Association. The GB may alter, rescind, add, or amend the bye-laws, with the approval and consent of at least 13 members voting in general body. All members of the association are bound by the bye-laws. The decision of the GB is binding on all members.

The Management Committee (MC): A board of members elected by and from the GB that represents the Association before all government and other official or non official bodies in all matters concerning the building and other rights and interests of the members. The MC is typically composed of a President, a Vice President, a Secretary, a Treasurer (together known as the Executive Committee) and 8 other members. The period of office of the elected members is typically 12 months. Such members are eligible for re-election for another term. The work of the MC is reviewed by the GB at the annual general body meeting or any other meeting.