Apartment means part of a property having a direct exit to a road, street or highway or to a common area leading to such road, street or highway which together with in undivided interest in the common areas and Facilities forms an independent residential unit, and includes a flat. https://wbxpress.com/west-bengal-apartment-ownership-act-1972/
I would like to know , what developer/builder is supposed to do to start the process of registration of apartment owner association under West Bengal Act of 1972. I cud not get any where as what developer/builder is supposed to do/act
I am a owner member of an apartment of which association recently registered under Apartment Act’1972 . The Association consists with 60 members name duly registered at Registrar of Assurance, Kolkata on 24-5-2013. The association on having registered and acceptance of Declaration by the competent authority conducted AGM on 9-6-2013. The association constituted 15 Board Members out which 04 members name not registered as per declaration but included in board. Can the constituted board can function for the apartment owners by the committee? Out of 04 non-member, two of them included as office bearers of the association. I need your kind guidance. Please also confirm whether Associate member, deemed members are eligible for contesting election?”
In my opinion any apt.owner , if he is not a member of the association, or even if he is a member, but is defaulter ( has not paid his dues ,like maintenance charges or other society dues), does not have right to vote in the election of members/president . His election as a member of board is wrong/illegal. May be this fact have been not brought to the notice of the CA’
I like to know, As per W B Apartment Ownership Act,1972 what is the maximum number of managers from each Block consisting of 35 to 40 members in each of 6 Blocks are allowed to form an Association.
To best of my knowledge No. of managers are not fixed on No .of blocks. The No. of managers are fixed on No. of members of the association, irrespective of which block they belong to. Even from only one block we can have all the managers.
In your type of cases I suggest, you can have one separate association for each block and can have a MOU among the different associations of blocks to solve/look after the common problem associated with the common campus.The WBAOA 1972 will have nothing to do with the MOU.
May be to have more confidence among the different associations you can register the MOU in registrar office
