Builders in Thrissur

1
Apartment owners association A complete guide
What is an Apartment Owners Association? One of
the most integral parts of community living is
the Apartment Owners Association a body that
sets certain rules, principles and works
endlessly towards the well being of its
residents. Its effectiveness increases the
quality of life even in the best flats in
Thrissur. They are held responsible for
maintaining the facilities and amenities of the
apartment and conducting timely events or
awareness programs. It is their duty to ensure
the protection of every owners rights. An
apartment owners association may or may not be
legally registered but once registered, it has
all the rights to sue or defend any legal action
as well as enjoy the legal benefits. Roles,
rights and duties in an Apartment Owners
Association An apartment owners association runs
well when every duty is carried out exceptionally
well by the people working for the association.
The following are their role descriptions, rights
and duties. A. The Member Role Every owner in
the apartment complex organically becomes a
member of the Association. In the case of joint
ownership, the first person named in the title
document is typically the member. A person who
is not an owner of an apartment in the complex
cannot be a member of the association. Duties It
is their duty to attend every General Body
meeting, pay dues decided by the General Body on
time and to abide by all the by-laws.
2

• Rights
• Every member has the right to vote in the
  elections carried out at the Annual General Body
  Meeting or at any other official meeting. The
  number of votes shall be in proportion to the
  number of apartments owned by every member. The
  member has a right to authorize a proxy to vote
  in his absence.
• Every member has the right to inspect all
  records, books of accounts of the association
  with 3 days prior notice to the Management
  Committee.
• The Associate Member
• Any person 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)
• Role The most supreme authority of the
  association is called the General Body which is
  formed by all the members of the association.
• Rights The General body has the right to amend,
  alter or add by-laws with the consent of at least
  13 voting members of the GB and its decision is
  binding on all the members.
• The Management Committee (MC)
• Role 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 is the MC. The work of the
  MC is reviewed by the GB at the annual general
  body meeting or any other meeting. 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.
• Duties

3

• Ensure that the income received by the
  association is evenly distributed in promoting
  the objectives of the association and is not put
  to any personal use.
• Keep safe custody of all original documents and
  licenses connected to the land and building.
• The three pillars of the Management Committee

President The president has general control over
all the affairs of the association. He/she is the
only person who can sue with the consent of the
general body or defend any legal action against
the association. All legal proceedings are
instituted, continued or defended by the
president and He/she signs all documents and
papers relating to the association. In the
absence of the president, the committee may
authorize the secretary or the treasurer to sign
all such documents, papers etc for and on behalf
of the association. Secretary The secretary is
responsible for the executive administration of
the association, subject to the control of the
committee. Treasurer The treasure has complete
custody of all properties of the association
including the funds. He/she is empowered to
operate the bank accounts of the association
jointly, with president, or secretary. The
treasurer has to make sure the association be
held together by close bonds of trust and
goodwill.
4

• Powers of the Apartment Owners Association
• There might be several disputes that may be
  brought to the attention of the association to be
  resolved, of which some may even required legal
  intervention. In such cases, the apartment
  owners association needs to take charge and
  settle matters between members or residents in
  the apartment and help resolve disputes outside
  the court. The following are the powers of the
  apartment owners association under various
  circumstances
• Power to recover the maintenance fee
• The cost of maintenance of facilities and
  services enjoyed by the residents in the
  apartment is called a
• Maintenance fee. Builders usually allow the
  apartment owners to form their own association
  and fix the maintenance charges. In the event of
  default by any member, the association has the
  right to charge interest and penalty from the
  defaulter, and the power to recover this amount.
  The apartment owners association has the right
  to sue defaulting members and initiate legal
  proceedings for recovery of any outstanding
  payments but it cannot terminate any facility
  enjoyed by the owner.
• Power to take legal action against members guilty
  of offense
• The management committee is responsible for all
  matters concerning the apartment as well as the
  rights and interests of members. Any member in
  the apartment owners association who steals,
  forges or causes any loss to the association
  shall be liable to be punished. The association
  also has the right to take legal action against
  members held guilty of any offence.
• Power to file case against the builder
• There are several situations when the builder
  cheats buyers with extremely poor quality of
  construction,
• by not responding to their queries or grievances
  and even failing to deliver projects as promised.
  In such cases, the apartment owners association
  has complete power to file a case against such
  builders to obtain compensation for such losses.
  They even have the power to lodge a police case
  and file a criminal case against the builder.
• The other side of the coin!
• There are some cases where the apartment owners
  association drastically fails to meet the
  requirements of the residents, even in the Kochi,
  Trivandrum Kottayam or Thrissur, only a great
  apartment owners association can make living in
  your dream apartment truly a delightful
  experience and can help work towards developing
  stronger bonds with other residents. Remember to
  always buy an apartments in Thrissur or home
  with a trusted builder like Kalyan Developers and
  ensure its management committee is elected
  wisely!