Thursday 23 July 2015

SOME COMMON LAPSES IN APARTMENT OWNERS' SOCIETY/ ASSOCIATION


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 an 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 associate degree 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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