Section 15 of DAOA : Section 15: Association Of Apartment Owners And Bye-Laws Relating Thereto

Explanation using Example

Imagine a newly constructed residential building in Delhi with multiple apartment units. The residents, being the apartment owners, decide to form an association to manage the building's common areas like the lobby, rooftop, gym, and garden. They come together to create the "Delhi Heights Apartment Owners Association" following the guidelines of Section 15 of The Delhi Apartment Ownership Act, 1986.

As per the Act, they first refer to the model bye-laws provided by the Administrator in the Official Gazette. These bye-laws outline how to form the association, elect a management board, and handle the building's maintenance and finances. The residents follow these model bye-laws closely to establish their association, ensuring they do not deviate from the provided structure without prior approval.

The association's first meeting results in the election of a Board of Management, with one-third of its members agreeing to retire annually. They also elect a President, Secretary, and Treasurer from among themselves. The Secretary is tasked with keeping detailed minutes of all meetings, and the Treasurer will manage the finances.

The association then sets up a system for collecting maintenance fees from the apartment owners to cover common expenses like cleaning services and repairs. They also agree on rules for using the common areas to ensure all residents can enjoy them without interference.

Finally, the Board considers retaining a portion of the building for commercial use, such as a coffee shop. The lease proceeds from this commercial space are intended to reduce the common expenses shared by the apartment owners, with any surplus being distributed as income among them.

This scenario illustrates the practical application of Section 15 of The Delhi Apartment Ownership Act, 1986, in setting up an organized system for managing a residential building through the collective effort of its residents.