How an Association functions
Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm
I am the owner of an apartment in Jaganath Orchid Apartments, Thaiyur: 184 1, 2 and 3BHK units were constructed and handed over in 2015. The residents have formed an Association and registered the same in the same year. But till date the accounts have not been audited annually by the Association office bearers and a fellow apartment owner has filed a complaint with the Registration Department against the Association office bearers.
Based on the same, an inspector from the Registration Department visited the Association office and sought for various registers, minutes of the meetings, owners list, audited account books and also a copy of the renewal of the Association papers. We are not sure as to whether the said registered Association is to be renewed and if so, at what intervals. Does the Registration Department conduct such surprise checks?
Chandrasekar V
Chennai
The mere registration of an Association is not enough. It has to be ensured that the Association functions in accordance with the laws and rules governing them, more particularly on maintaining the register of members, keeping proper books of accounts, having the same audited at the end of each financial year, placing the same before the general body, as well as filing the authenticated copies of the same with the Registrar of Societies. The Association should also maintain minutes of all proceedings of its general meetings. The Registrar of Societies, on his own or on the application of majority of members, can hold an enquiry into the working and financial condition of any registered society. In your case, you have to ascertain the status of your Society in the records of the Registrar of Societies. If the name has been struck off, necessary steps have to be taken for restoration.
I own a piece of land in Mamallapuram and it falls under the Coastal Regulatory Zone II. Whom do I approach for clearance? Is it necessary to get clearance from the Kalpakkam Atomic Power Plant for land in its vicinity?
Vijayasarathy V
Chennai
It is not clear as to the nature of clearance you seek to obtain. The extent of your land is also not clear. If your land or plot is not part of a layout duly approved by Directorate of Town and Country Planning or Local Planning Authority, you have to get the same regularised. If you propose to put up construction over your land or plot, you have to file your application to the Mamallapuram Local Planning Authority (MLPA) for building plan approval and the same will be granted subject to the rules and circulars in force in your locality.
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