AAO/AOA formation guidelines.
As per UP Apartment Act 2010, its joint responsibility of builder and residents (Owners) of the society to form an Association of Apartment Owners (AAO) or Apartment Owners Association (AOA), if a minimum of 33% occupancy has been achieved in the society
*33% occupancy means registry of atleast 1/3 of total flats in the society.
How to proceed:
The builder may provide a notice to residents to form AAO/AOA; However if builder does not initiate, residents may initiate the AAO/AOA formation by giving notice to builder and copy to concerned authority and sub-registrar Meerut. If the builder does not pay heed even after three notices, residents (owners) may proceed on their own.
* Who will give notice to builder - It can be given by any owner or a group of owners.
Process:
1. Notice for AAO/AOA formation must reach each and every OWNER. Notice may be given on their email IDs and Mobile numbers registered with builder. (If CRM of builder send this notice to all owners, nothing can be more better option. Else a common email id formed on society's name by group of owners can do the same).
2. Quorum: The presence of atleast 30 percent of owners in a meeting constitute a quorum. If the quorum is achieved in first meeting, discussion (business) can happen in that meeting, ELSE meeting has to be ADJOURNED due to lack of Quorum and new date for next meeting be given within 48 hours. If in the subsequent meeting also, No Quorum is present, the owners present in person being not less than two shall form a quorum and business can happen.
*It’s very important to keep record (register) of attendees in all meetings.
3. Order of Business:
a) Roll Call - Purpose of meeting
b) Proof of notice of meeting or waiver notice.
4. Appointment of Election officer - An election officer to be appointed from the owners present in the meeting.
5. Invitation for board of members (BOM) of AAO/AOA by election officer: Election officer appointed will seek invitation from the owners present in the meeting to be part of BOM. If the owners present there provide their names for BOM and if that is in range of 4-10, those members shall be considered as elected for BOM and thus the AAO/AOA formed. However if more than 10 names surface, proper election shall be conducted to elect 10 BOMs.
6. Election process: Election officer will invite people to form election committee (may be of 5-6 people) to conduct elections in a fair manner. Election officer will announce a final dates:
a) Last date of Nomination
b) Last Date of Withdrawal of Nomination
c) Display of Final List of Candidates
d) Date of Election
e) Declaration of Result
Meanwhile election committee will be responsible for preparing and displaying list of legitimate voters, invite and rectify objections on voter list, fair conduct of election, counting of votes and declaration of results.
