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Serviced apartments Bangalore 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 since the ‘Association’ hereafter) formed in Bangalore?

The Association is formed by 7 or more owners from the Apartment Complicated 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 on the Association, aims and objectives in the association, and who inside the association will be authorized to correspond with the Registrar of Societies (typically the President with the Association).

3. Encloses the Bye-laws (rules and regulations) on 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 on the building as-built and proof with the property being registered under the Registration Act - 1908.

What are the various roles in the Association?

The Member: Each and every owner of the apartment complicated is a member in the Association. Inside the case of joint ownership, the first person named inside title document is typically the member. No person who is not an owner of an apartment inside complex can be a member in 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 with the association. The Associate member pays maintenance charges to use common facilities, but does not have appropriate to vote, unless authorized by the owner in the flat in writing.