Advocate S Selvakumar|Property advocates in Bangalore|Property lawyers in Bangalore
The
apartment Owners' Associations/Societies primarily are shaped to seem once
the common interest of their members and their common assets and work as a
non-commercial/non-profit creating body. though' it's registered as
non-commercial body, makes an attempt are created to convert the Welfare
Society/Association into business and profit creating body by endeavor or
permitting commercial activities.
Further, though'
solely the lodging house owners are eligible to become members of lodging
Owners' Society / Association, however really, in bound associations, persons
apart from the lodging house owners additionally become members of such
association or society and additionally become workplace bearers of Board of
Management. The non-owner workplace bearers might not have commitment for the
common welfare and for the event of the association and thereby lapses do occur
within the management of those welfare associations.
The
following are a number of the lapses usually detected within the lodging house
owners Welfare Association/Society:
Lapses Normally Administration
1.No basic
records are obtainable with Society / Association. Even the Register of Members
isn't unbroken updated and copies of Sale Deeds of lodging in favor of members
aren't obtainable with Society / Association.
2. There
exists no workplace area for the Society / Association. In and of itself even
the routine work of the Society / Association can't be performed in an
exceedingly scientific and orderly manner. This might have an effect on the
preparation of the documents for the periodical conferences and also the
general body meeting.
3. No
attending Register is maintained for paid workers of the Society / Association.
No paid care-taker is engaged by Society / Association to figure on full time
basis.No duty list and temporal
arrangement is per his appointment order. No down payment is taken from the
care-taker.
4.
Subscription and maintenance charges bills aren't issued monthly often, and
even though issued, these bills might not contain the penalty quantity for the late
payment of association fees.
5. Defaulter
list containing flat No., name of Defaulter and quantity due from him isn't
exhibited on bulletin board.
6. Outside
public are allowable to use bathrooms within the dwelling in cellar portion.
7. Traveler
lifts are used for carrying significant and ponderous things.
8. Visitors'
Book isn't maintained properly at the doorway of dwelling.
9. Sales person’s
are freely allowed to contact flat occupants purchasable of their product.
10. Dwelling
isn't insured against hearth, earthquake and alternative similar natural
calamities.
11. Significant
amounts are spent while not correct sanction of the final body of the
society/association.
12. 'SPECIAL
PURPOSE DEPOSITS' are utilized for routine maintenance of the dwelling
13. Auditing of accounts is either avoided or delayed.
14.
Maintenance charges are charged for retailers on par with maintenance charges
for residential flats. Maintenance charges for four roomed, 3 roomed, 2 roomed
and one roomed residential flats are charged uniformly. Sharing of maintenance
charges on pro-rata basis betting on the worth of associate degree lodging is
welcome.
15. Enterprise
like shop, Creche, Toddler, School, outlets are allowable in residential
flats.
16. Transportable
communication towers are allowable to be erected on the terrace of
dwelling.
17. Legal obligations of Society / Association like (i) Submission of Annual come of elective
member of Board of Management (ii) Submission of Annual Audited budget to
Competent Authority (iii) Submission of any modification to registered bye-laws
of Society / Association for approval and filing in records of the Competent
Authority aren't complied with.
18.
Unauthorized construction in common space and within the flats are allowable by
Society / Association with silent approval.
19. Society
/ Association permit extra floors to be made on existing building while not
Municipal Sanction.
20. Society
/ Association starts to perform once solely an area of the building is made
while not getting Occupancy Certificate from Municipal Authorities.
21.No surprise checks are created throughout night times to ascertain whether or not
watchmen are argus-eyed whereas on duty.
22. No
surprise checks are created for unauthorized vehicle parking within the parking
lot.
23. No
tripartile Agreement is executed between Society / Association, owner member
and also the tenant / leaseholder.
24. No copy
of registered bye laws with amendments are given to new entrants as
members.
Lapses In Safety, Security And
Maintenance
(a) Safety
1.
Inadequate hearth fighting systems are provided within the flats
buildings.
2. The
building isn't insured against loss as a result of natural calamities like
hearth, earthquake, significant rains, floods and lightening etc.
3. There's
no provision for lightening arrestor for tall buildings.
(b )
Security
1. No
correct security arrangement to ascertain intruders moving into the flats
building.
2. Bodily
weak, Semi-blind and semi-deaf security guards are announce in building for watch
and ward duty.
3. No
visitors' book is maintained at entrance of the building and it's not
rigorously examined. Sales men have free access to every flat to sell their
product.
4. 2 entries
and 2 exits in a flats building might cause significant issue from security
purpose of read.
5. Lack of
compound wall all around and / or wire fencing on high of it might once more
cause drawback from security purpose of read.
6. Absence
of written document records of normal guests to the dwelling like Maid Servants,
Dhobi, Newspaper vendors, milkmen etc. might additionally cause drawback from
security purpose of read.
7. Watch-men
aren't given list of flat Nos. and their vehicle numbers (cars, scooters, motor
bikes etc.). These lists would be helpful to watchmen to stay a watchful eye on
unauthorized vehicle mistreatment vehicle parking lot.
( c )
Maintenance
1. There's
no schedule of normal / periodical examination of flats building to spot
prevailing defects and to rectify them in time.
2. Appropriate
steps aren't taken to unravel the inadequate Municipal facility, defective
within the facility net-work, and un-uniformed facility in numerous floors of
the dwelling and to every flat of identical floor.
3. Cob-webs
and wild plants are allowed to grow and unfold everywhere building and harm the
building by making cracks.
4. Flower
plants are allowed to die as a result of lack of systematic watering of these
plants.
5. No
artificer and trained worker is acting on yearly basis to attend day to day
issues. Wherever yearly arrangement is created they're not revived once a year.
6. Vehicle
parking lot isn't washed with water for years along.
7. Overhead
water tanks and underground sumps aren't clean sporadically.
8. Open
wells aren't lined properly and that they aren't clean sporadically.
9. No
stand-by pumping arrangement is created for obtaining continuous facility.
10. There
aren't any long coming up with for maintenance of building leading to the leak
within the Cellars throughout time of year.
Reasons For Lapses
1. The
Society / Association isn't run as an establishment. It’s run during a} very
casual and informal manner.
2. Workplace
bearers of the Society / Association ordinarily work while not remuneration and
thereby they carry an impact that they're doing a favor to the Society / Association
by rendering their free service and in and of itself they're not answerable or
answerable for all their actions within the society's work.
3. There's
no effective machinery from Government to observe the performance of those
Societies / Associations to form them useful as accountable establishments.
4. There
aren't any complete Bye-laws for these societies to be followed by the
workplace bearers of those societies. Thus the Society / Association runs in
as pseudoscientific manner with no accountability for the lapses
committed by the workplace bearers that successively might hurt the Society /
Association.
5. Most of
the members of the Society / Association are uncaring and non-vigilant on the
lapses committed by the workplace bearers. These members don't take active half
within the functioning of the Society /
Association, however permit to be managed by a few of persons that successively
would result in misdirection of the funds of the. Society, keeping transparency
in its acting at bay.
6. Content of applicable laws and their non-application in day to day functioning of the
society would herald unskillfulness within the Society / Association.
7. Absence
of adequate and clear-cut provision within the Registered Bye-laws of the
society would provide encouragement for arbitrary unlawful choices within the
Society / Association.
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