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Avinash Kumar (Engineer)     04 January 2017

Apartment association issue

Hello

My Apartment just got registered as per Karnataka Apartment Ownership Act, 1972 , some people has organised a election and formed a association and commitee , they have declared the bye laws stating which delay in submission of maintainence charges will attarct fine. There is no transparancy , how they are managing the costs and how it is being audited ,They are not sharing the details of anything and asking maintenance in advance and imposing fine for late submission, I hahve below two question.

1)How can I ask them legally to share all the audited reports ?

2)Can a association impose fine ? are they legally entitled to do it?

Where I can find the dos and donts of their right?

Thanks



Learning

 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     04 January 2017

Generally the society management display all bye laws and accounts audit reports etc. on apartment notice board. If they do not do so, you can file a complaint to registrar of coopeative societies at your area. You can watch its website also.

Avinash Kumar (Engineer)     04 January 2017

Thanks for the reply, what about fine ? are they entitled to impose fine for advance payment of maintainnence ?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     05 January 2017

Your Association is registered under Karnataka Ownership Flats Act and not Co-operative Societies Act. Hence you cannot complain to the Registrar of Co-operative Societies. Byelaws are not placed on the notice board. But as a member you have the right to get a copy of the bye-llaws on paying its cost. You can write to the Chairman/Secretary asking for a copy of the bye-laws. If they do not have a ready copy, you can ask for a xerox copy offering to pay the cost of xeroxing. The byelaws should answer all your other questions. Under the Model Byelaws of the Maharashtra Co-operative Department the Society can collect penal interest on delayed subscripttions from Members. You buy the byelaws and read it. If you do not get the answers still, or if your association declines to give you copy of the byelaws come here again.

Avinash Kumar (Engineer)     05 January 2017

Hello 

 

I have the copy of bye laws, its clearly mentoned the below points

ACCOUNTS

a) Banking account(s) shall be opened by the Association into which all the monies received on behalf of the Association shall be paid provided that the Treasurer or the Manager in charge may retain in his personal custody an amount, not exceeding Ten thousand rupees to meet petty expenses. All payments above five thousand shall be made only by cheques signed by any two of the Office Bearers of the Association authorized to sign.

b) Any payment other than regular vendor (Such as maintenance vendor) should be with the approval of board with 2/3 majority.c) The Association shall on or before the 30th June of each year, finalize an audited annual financial statement in respect of the immediately preceding financial year,

containing:

i. Receipts and Payments Account ii. Income and Expenditure Account, and iii. Balance Sheet

d) The audited financial statement shall also contain notes disclosing the nature of the

liabilities and the manner in which the value of the assets were arrived at.

e) The Board shall prepare a Default list showing default in payment of dues from the

Owners made up periodically and displayed on the notice boards.

52. PUBLICATION OF ACCOUNTS AND REPORTS

A copy of the last financial statement and of the report of the auditors, if any, shall be kept in a conspicuous place in the office of the Association, and will be available for inspection.Board will publish the availability of audit report in the notice board as and when it is available

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     08 January 2017

This appears to be only a small part of the byelaws. There will be other byelaws. I am attaching a copy of Maharashtra Model byelaws. See byelaw No.72 on page 41. You must also be having similar or different byelaws. Get a copy of complete byelaws and see. If necessary come here.


Attached File : 84227 20170108112817 217834300 extract pages from model bye laws 2013.pdf, 84227 20170108112817 217834300 extract pages from model bye laws 2013.pdf downloaded: 62 times

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