10 by-laws that need clarity
Residents and members of Ghaziabad AOAs on Sunday got together to discuss some discrepancies in the bye-laws of the UP Apartment Act, 2010, that the resident's bodies had to face while functioning. Over forty residents got together under the banner of Consortium of Societies, Ghaziabad, to discuss and suggest solutions to the problems.
Members of Consortium of Societies have planned to approach the Ghaziabad Development Authority and Deputy Registrar with the problems and suggestions. Ajay Shukla, General Secretary of COG, told City Spidey that if these steps fail to provide solutions, the representatives will knock the doors of the court of law for a remedy.
Here is a list of all ponts that needed clarification:
1. Registering an AOA
The complete procedure to register an AOA is not clearly mentioned in the bye-laws. All the basic requirements and the procedure such as completion certificate, deed of declaration need to be clarified.
2. Resolution of election related disputes
The bye-laws do not cover the procedure for resolving election related controversies and disputes. Residents pointed out various issues such as clarifications on voting rights and role of the deed of declaration in election.
3. Electing one-third of board members
According to the model bye-laws of UP Apartment Act, 2010, a third of the total board members need to be replaced via election every year. However, residents pointed out that it has not been clarified in that on what basis the one third are to be selected.
4. Resolution of maintenance-charge related disputes
It has to be clarified whether maintenance-charge related disputes will be solved by the Registrar or the competent authority(GDA).
5. Function of Registrar in case of disputes
Clarification on the powers and functions of the Registrar in case of disputes in AOAs.
6. Details of auditor
The bye-laws mention that the resident's association shall appoint an auditor to go through the accounts of the Association at its general meeting. However, it is not mentioned if the auditor should be a normal auditor or a chartered accountant.
7. Membership charges
CLarity on if membership charges are charged from residents who had already registered themselves as per Societies Registration Act, 1860, when the society gets registered according to the UP Apartment Act, 2010.
8. Modifying bye-laws
Clarity on if and on what basis resident's association modify the model bye-laws of the Act.
9. Transfer of voting rights
Clarification on transfer of voting rights in a society.
10. Special meeting
Clarity on when and on what basis can the AOA call a special meeting.