Why Should Apartment Residents Understand the Governing Documents?
One of the challenges in apartment living is the limited understanding among some unit owners and residents of the Articles of Association and Bylaws of the Owners and Residents Association (ORA).
Some residents are unfamiliar with the contents of these governing documents, reluctant to read them, or assume that all matters relating to apartment management are entirely the responsibility of the Building Management (BM). As a result, BM is often treated as though it were a personal housekeeping service, expected to handle every resident's problem, receive every complaint, fulfill every request, and take responsibility for anything that does not meet residents' expectations.
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This way of thinking is fundamentally misguided.
An apartment is not a private residence where each individual resident can issue instructions at will regarding how the property should be managed. An apartment is a shared residential environment governed by rules, an organizational structure, defined authority, and accountability mechanisms.
Therefore, understanding the governing documents is not merely an administrative obligation. It is part of the responsibility that comes with being an owner or resident in a shared residential community.
Residents who do not understand the governing rules risk making demands of parties that do not have the authority to make the decisions they seek.
1. The Owners and Residents Association (ORA) Represents Collective Interests
The Owners and Residents Association (ORA) is an organization established under applicable laws and regulations to manage the collective interests of apartment unit owners and residents within its legally defined scope of authority.
Within the apartment governance structure, unit owners have rights and obligations that are inseparable from their participation in the shared residential community. These rights are exercised through organizational mechanisms, general meetings, and decision-making procedures in accordance with applicable rules.
The ORA is not merely an organizational name that appears on the monthly Service Charge (SC) or Maintenance Fee statement. It is a governance body with its own structure, governing documents, and decision-making mechanisms.
Residents need to understand that not every decision can be made directly by BM. Policies concerning apartment management must have a proper basis of authority, whether derived from applicable laws and regulations, the Articles of Association and Bylaws, resolutions adopted at general meetings, or other valid mandates.
If residents wish to question organizational policies, management direction, or decisions they consider inappropriate, they should understand the ORA's accountability mechanisms rather than simply directing their dissatisfaction at operational personnel.
2. The ORA Executive Board: The Body Responsible for Carrying Out the Association's Mandate
The ORA Executive Board performs the organization's leadership and management functions in accordance with the authority granted under applicable laws and regulations, the Articles of Association and Bylaws, and valid organizational resolutions.
Within the limits of its authority, the Executive Board is responsible for policy direction, decision-making, oversight of management implementation, and institutional relations with parties appointed to manage the apartment's day-to-day operations.
The Executive Board is not merely a messenger between residents and BM. It is part of the organizational structure and must be accountable for its actions in accordance with applicable rules.
For example, if residents disagree with an operational policy, question the priorities for facility repairs, consider a particular rule unfair, or believe that BM's services do not comply with its mandate, the matter should be brought to the Executive Board when it concerns policies or decisions within its authority.
Why?
Because the Executive Board has the organizational authority to evaluate matters, issue directions, make decisions, and take appropriate action within its mandate. BM does not automatically have the authority to change organizational policies simply because a resident raises an objection.
Residents should direct their concerns to the party authorized to make decisions, not simply to the person who is easiest to approach.
3. The ORA Supervisory Board: Providing Oversight, Not Replacing the Executive Board
The Supervisory Board performs oversight functions in accordance with the Articles of Association and Bylaws and applicable regulations. Its role is important in ensuring that the organization and its management operate in compliance with established rules, delegated authority, and accountability principles.
The Supervisory Board is not an operational team responsible for directing BM's daily activities. Nor does it replace the Executive Board in making decisions that fall within the latter's authority.
Where there are suspected irregularities, policy implementation that does not comply with established requirements, or concerns about organizational accountability, the Supervisory Board may conduct reviews and exercise its oversight functions within the limits of its authority.
Accordingly, residents need to distinguish between the appropriate channels for different types of concerns:
- Day-to-day operational issues: Report them through BM's official service channels.
- Organizational policies and decisions: Raise them with the ORA Executive Board.
- Oversight matters and suspected irregularities: Submit them through the applicable supervisory mechanisms.
This distinction is not intended to restrict residents' rights, but to ensure that each issue is addressed by the appropriate party.
4. Building Management (BM): The Operational Management Provider, Not Residents' Personal Assistant
BM is responsible for the apartment's day-to-day operational management in accordance with the management agreement, scope of services, procedures, budget, and valid directions or mandates issued by the authorized parties.
BM's responsibilities may include maintaining common facilities, cleanliness, security within the agreed service scope, operational administration, handling complaints, and enforcing community rules within its assigned responsibilities.
BM is not a personal housekeeping service for all residents.
This is a fundamental distinction. A personal household assistant works to meet the specific domestic needs of an individual household. BM, on the other hand, performs a professional function in managing the shared residential environment and common facilities, subject to established rules and its defined scope of responsibilities.
BM should not be expected to fulfill every personal request made by residents, particularly when such requests conflict with community rules, fall outside its scope of services, place an unreasonable burden on shared resources, or lack a legitimate basis of authority.
BM is also not free to establish policies independently. In enforcing rules, BM must follow applicable provisions and valid mandates. If a policy change is required beyond its authority, the matter must be referred to the appropriate decision-making body.
However, one important point must also be understood: BM is not the ruler of the apartment and must not act arbitrarily. BM is an operational management provider with limited operational authority, not an institution with unlimited power.
The term ruler must be understood in its proper context. BM is not the highest authority within the apartment governance structure. It exercises operational authority within the boundaries of established rules, while organizational authority rests with the ORA and its duly authorized governing bodies.
5. The Relationship Between Residents, the ORA, and BM: A Structure of Delegated Authority and Defined Responsibilities
The apartment governance structure can be understood through the following chain:
Unit Owners and Residents β ORA β Executive Board β BM
This structure illustrates the relationship between organizational mandates and the implementation of management responsibilities. It does not mean that every relationship is necessarily based on a direct contract, or that all residents have the same legal standing.
Unit owners exercise their organizational rights through the ORA's established mechanisms. The ORA carries out its governance functions through its duly authorized bodies. BM then performs operational duties under a valid management agreement and mandate.
Within this structure, three distinct elements must be recognized:
- Residents' rights: To express their views and concerns, obtain information to which they are entitled, use common facilities in accordance with established rules, and seek accountability through the applicable mechanisms.
- The authority of the ORA and its Executive Board: To make organizational decisions within their respective mandates and remain accountable through the established mechanisms.
- BM's responsibilities: To carry out operational management in accordance with the management agreement, procedures, rules, and valid instructions.
Therefore, dissatisfaction with an organizational decision cannot always be resolved by BM. Conversely, technical issues that fall directly within BM's responsibilities do not necessarily need to wait for an organizational meeting before being addressed.
Residents need to distinguish between complaints about how work is being performed and objections to the policies or decisions underlying that work.
6. Do Residents Have a Direct Contractual Relationship with BM?
Under many apartment management arrangements, the management agreement is entered into between the ORA, or a party legally authorized to represent it, and the appointed property management company. In such circumstances, individual residents do not automatically become parties to that management agreement.
This means that the contractual relationship between the ORA and BM must be distinguished from the legal relationships between unit owners, residents, and the ORA.
If the management agreement is entered into between the ORA and BM, matters such as contract performance, performance evaluations, changes to the scope of services, and contractual actions are, in principle, handled by the parties authorized under that agreement.
Residents nevertheless retain the rights afforded to them under applicable laws and regulations. The absence of an individual contract with BM does not mean that residents lose their right to submit complaints, demand that their legal rights be respected, or pursue available legal remedies where legitimate grounds exist.
However, residents cannot automatically assume that every personal request constitutes a contractual obligation on the part of BM. There must be a clear legal or contractual basis, whether in applicable regulations, community rules, the scope of services, the management agreement, or other relevant legal provisions.
Therefore, before claiming that BM has breached its obligations, it is important to establish which parties are bound by the agreement, what BM's scope of services actually covers, and who has the authority to issue instructions or evaluate its performance.
7. If Residents Are Dissatisfied, Whom Should They Contact?
A common mistake is directing every issue to BM, including matters that actually concern Executive Board policies or organizational decisions.
To ensure effective handling, residents should follow the appropriate reporting channel based on the nature of their concerns.
First, operational complaints. Examples include elevator malfunctions, inadequate cleaning, non-functioning lights in common areas, or facilities that are out of service. These issues can be reported to BM through its official complaint channels so they can be recorded and addressed.
Second, policy-related complaints. For example, residents may disagree with the implementation of a particular rule, question budget priorities, or object to a decision made by the Executive Board. Such matters should be submitted to the ORA Executive Board through the applicable procedures.
Third, concerns about organizational accountability. If residents have questions about transparency, compliance with the Articles of Association and Bylaws, or suspected irregularities, they should use the available information request, supervisory, general meeting, or other applicable mechanisms.
Fourth, dissatisfaction with organizational leadership. If unit owners believe that the Executive Board is not properly fulfilling its mandate, the appropriate course of action is to use the ORA's accountability and decision-making mechanisms, including general meetings and elections, in accordance with applicable rules.
This is where resident participation becomes essential. If organizational decisions are determined through general meetings and voting procedures, eligible voters should exercise their voting rights responsibly.
Complaining to BM every day cannot replace participation in general meetings, reviewing reports, studying the governing documents, or exercising voting rights to influence the direction of the organization.
If the issue concerns a decision made by the Executive Board, hold the Executive Board accountable through the ORA's established mechanisms. Do not demand that BM change a decision that falls outside its authority.
8. Residents' Rights Must Be Balanced with Their Responsibilities
Unit owners and residents are entitled to expect good apartment management. However, these rights must be accompanied by the responsibility to understand the rules, respect the boundaries of authority, and use shared facilities in an orderly manner.
Residents cannot demand transparent governance while refusing to read the information made available to them. They cannot demand accountable policies while never making use of oversight and participation mechanisms. Nor can they expect changes in organizational leadership simply by directing complaints at operational staff.
The Articles of Association and Bylaws are not merely formal documents to be opened only when conflicts arise. They provide an essential foundation for understanding rights, responsibilities, organizational structures, authority, and mechanisms for resolving disputes.
For unit owners, understanding these governing documents helps ensure that their organizational rights are exercised appropriately. For residents, understanding community rules and complaint procedures helps prevent misunderstandings. For the Executive Board and BM, clearly defined authority helps ensure that decisions and operational activities are carried out responsibly.
Conclusion: Make Sure Responsibility Is Assigned to the Right Party
A well-managed apartment requires more than a competent BM. It also requires an ORA that fulfills its functions, an accountable Executive Board, a Supervisory Board that performs its oversight duties, and residents who understand their rights and responsibilities.
BM is not residents' personal assistant. It is a professional operational management provider that works within established rules and legitimate authority. The Executive Board is not merely a channel for forwarding complaints, but an integral part of the organizational structure responsible for carrying out the ORA's mandate. The Supervisory Board performs its oversight functions in accordance with applicable provisions. Meanwhile, residents have both the rights and responsibilities to participate in governance through the available mechanisms.
Therefore, before submitting a complaint, first ask yourself: Is this an operational responsibility of BM, a decision within the Executive Board's authority, or an issue concerning ORA governance?
If the issue concerns operational work, report it to BM. If it concerns organizational policies or decisions, raise it with the Executive Board. If it involves oversight, use the available supervisory mechanisms. If you are dissatisfied with the leadership, exercise your rights through the legitimate organizational procedures.
Do not hold the wrong party responsible and then blame the entire system when the problem remains unresolved.
Healthy apartment governance begins when every party understands its authority, fulfills its responsibilities, and is willing to be held accountable for its actions.
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Read these related articles as well:
- Can Apartment Maintenance Fees Be Reduced? Absolutely!
- The Difference Between Property Developers and Apartment Owners' Associations in Apartment Management
- Protests Over Transparency at the Kalibata City Apartment Owners' Association Annual General Meeting
- Why Are Positions on Neighborhood Association Boards and Apartment Owners' Association Boards So Contested?
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