Monthly Archives: February 2018

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Duties & Rights of Residents and Tenants:Rights Of Residents And Tenants in Co-Op Housing

 List of rights of residents in co-op housing society

  • Every apartment owner is obliged to be a member of the apartment association which is formed for the welfare of the people.
  • If it is a joint ownership, the first person named in the title document will be the member.
  • Every apartment owner will be bound by the bye-laws.
  • Residents of apartment are either apartment owners or tenants.
  • All apartment owners are termed as members of society or association and all tenants who are staying in the apartment on a rented basis are termed as associate members.
  • A resident has the right to attend the general assembly meeting and discuss the subjects.
  • A resident has the right to get a copy of the co-operative society act and the bye-law.
  • A resident has the right to get the list of members and managing committee.
  • A resident has the right to get reports such as balance sheet, profit and loss A/c, details of income and expenditure of the society.
  • A resident should not be discriminated between the members.
  • A resident should not be imposed with unlawful restrictions.
  • A resident has the right to get attended or addressed about his complaints and grievances.
  • A resident has the right to take decision on the rate of contribution regarding the maintenance fee, maintenance and repair fund and sinking fund etc.
  • A resident has the right to take decision about the penalty to be charged on members, violating by-laws of the society and to determine its amount.
  • A resident has the right to participate in all activities of the society.
  • A resident has the right to attend and vote at general body meeting.
  • A resident has the right to contest election.
  • A resident has the right to seek information from the society.
  • A resident has the right to get the minutes of meeting.
  • A resident has the right to inspect documents, books and records with prior notice to the management committee.
  • A resident has the right to the occupation of flats.
  • A resident has the right to complain at the registrar in case of an improper functioning of a society.
  • A resident has the right to acquire the share certificate.
  • A resident has the right to know about the affairs of the society.
  • A resident has the right to transfer/inherit the property.
  • A resident has the right to undivided interest of the common areas.
  • A resident has the right to use the common area as needed.

Duties of the residents:

  • A resident has to follow the regulations created in the general body meeting or managing committee meeting.
  • A resident has to provide the necessary information and documents to the registrar or to the society.
  • A resident has to follow the rules of the association and obey the bye-law.
  • A resident should ensure that they maintain cleanliness in the common areas.
  • A resident should respect their neighbour’s and their privacy.
  • A resident should maintain good relationship with their society members.

Rights of the tenants:

  • The tenants have the right to get the leasehold/tenancy agreement.
  • The tenant should be aware about the rules of having pets in an apartment.
  • The tenants have the right to get proper receipt for the deposit, rent and maintenance paid.
  • The tenants have the right to get a copy of bye-law and rules of association.
  • The tenants are the associate members of the apartment association.
  • The tenants have no right to vote or in an association decision making.
  • The tenant should respect their neighbour’s privacy and follow the apartment bye-laws.
  • The tenant has the right to use common areas and notify the landlord about any issues.
  • The tenant should follow the guidelines for inviting guests and use the common areas.
  • The tenant will not be discriminated between the members of the association and themselves.
  • The tenants will not have any unlawful restrictions on them.
  • The tenants have the right to invite the guests and use the common area or amenities.
  • The tenants have the right to get parking badge or sticker on the vehicle.
  • The tenants have the right to hire a domestic help.
  • The tenants have the right to get apartment staff help like plumber, electrician, carpenter, pest control, etc.
  • The tenants have the right to attend the association meeting on behalf of the landlord, if authorised by the owner of the flat in writing and agreed by the managing committee.

Duties of a tenant:

  • The tenants are the members of the association and are bound by the bye-laws.
  • A tenant should follow the rules and regulations created by the association.
  • A tenant should regularly pay the maintenance charges in order to use the common are facilities.
  • A tenant should ensure that they pay rent and maintenance fees on time.
  • A tenant should interact with the managing committee or the apartment owner concerning the monthly charges.
  • A tenant has to maintain the common areas clean.
  • Tenants are responsible for the actions of their guests.
  • A tenant should have apartment dumpster etiquette.
  • A tenant should avoid having big parties or loud get-togethers.

Roles and Responsibility: Roles And Responsibility Of Chairman, Secretary And Treasurer

HOUSING SOCIETY

Housing refers to houses or buildings collectively; accommodation of people; planning or provision of accommodation by an authority; and related meanings. The social issue is of ensuring that members of society have a home in which to live, whether this is a house, or some other kind of dwellinglodging, or shelter. Committee members play an important role in forming a housing society , Election poll are there  for election of chairman , secretary and treasurer,  which is superior and decision taker, roles are  assign by the committee for three of them.  Many governments have one or more Housing authority , sometimes also called a housing ministry, or housing department.

CHAIRMAN

As Chairperson and indeed as a member of a committee it is vital that we are all aware of the powers and duties associated with the chairperson role.

 

The role may be daunting to some and we hope to provide a little insight into what to expect and how to manage this position.

General duties can include:

  • ·         The necessity to assist if asked by an adjudicator
  • ·         To accept a notice, legal process or other documents
  • ·         The appointment of a proxy for a committee meeting
  • ·         Requirement to seal documents with the body corporate seal

 

Committee meetings provide an important platform for which the Chairperson must oversee and manage proceedings. The role will include:

  • ·         That meetings are held to prepare agenda for the general meeting
  • ·         That restricted matters are not dealt with at committee meetings
  • ·         Knowledge of spending limits and authorizations
  • ·         Chairing the meeting
  • ·         Declaration of quorum
  • ·         Dealing with conflict of interests.
  • ·         In absence of secretary acknowledges receipt of the request for a special meeting

 

What the Chair must know and be prepared to implement is the general role of ensuring that all legalities are acknowledged and that formal proceedings of a general meeting are met.

These may include:

  • ·         Acceptance of committee nominations
  • ·         Knowledge of who can vote
  • ·         Placement of proxies before meeting for admittance
  • ·         Ruling of motions out of order if necessary
  • ·         Provision of reasons for ruling and that they are minuted
  • ·         Acceptance of procedural motions
  • ·         Determination of quorum
  • ·         Acting as the subsidiary scheme representative
  • ·         Acceptance of written voting papers
  • ·         Decision for ballots
  • ·         Declaration of voting results
  • ·         Acceptance of amendments to motions

 

SECRETARY

The duties of the secretary can be varied and below are a number of tasks that may be expected if you hold this position.

  • ·         Arrange time and place for inspection of records
  • ·         Issue Body Corporate information certificates
  • ·         Must assist adjudicator
  • ·         Accept quotes and tenders for proposed major work
  • ·         Provision of documents for audit
  • ·         Arrange insurances
  • ·         Seal documents with Body Corporate seal
  • ·         Call committee meetings
  • ·         Send out notices of meetings
  • ·         Receive objections from members
  • ·         Preparation of meeting notice and agenda
  • ·         Receives completed proxy forms
  • ·         Prepare motion paper for a committee decision taken outside of the meeting
  • ·         Advise owners of committee decisions
  • ·         Ask owners to submit nomination and motions
  • ·         Receive committee nominations and motions
  • ·         Acknowledge receipt of committee nominations
  • ·         Provide copies of meeting notices to all lot owners
  • ·         Composes and circulates the agenda for general meetings
  • ·         Accept written voting papers
  • ·         Accepts proxy forms
  • ·         Provides for inspection the Body Corporate roll, list of persons entitled to vote and all proxy votes and voting papers
  • ·         Takes and distributes minutes

 

TREASURER

As treasurer your role will be to provide and maintain accurate records of all financial transactions relating to the Body Corporate.

Budgets must be set for the administrative fund, the sinking fund and special contributions. The treasurer will also prepare and send out levy notices to lot owners and if there are outstanding levy payments it is the treasurer’s responsibility to take action and recover those amounts.

Record keeping is imperative as is reconciliation of all accounts held in the name of the Body Corporate. The treasurer must provide all records for any audit that may be required and of course to manage any borrowings or income that may generated outside of Lot owners levy payments.