Formation, Objectives and Duties of Owners Association
Bangalore is one of the fast growing and metropolitan cities in India. It is also known as Silicon city or garden city. Bangalore attracts people from all over the country with its good climate, architecture and job opportunities. There are number of apartments in Bangalore and builders are building more and more apartments day by day.
Bangalore apartment owner’s association is voluntary association of apartment owners residing in Bangalore. The association may or may not be registered. The registered association can enjoy all the legal benefits.
Act for Registration Apartment Owners Association
An association in Bangalore can be registered under Karnataka Act. There are mainly three Acts which you can register your association. The following are Karnataka Act for registering an association.
- The Karnataka Apartment Ownership Act 1972: Act exclusively deals with residential apartment. Law makes each apartment a transferable and heritable property with separate katha and specific undivided interest in land. Disadvantage in forming an association under this Act is that it often difficult to gather all the owners of the apartment one at time for the registration of association. If the owners of apartment give the power of attorney to builder he can submit the entire property to this Act. Find the pdf of act here :Karnataka Apartment Owners Act 1972
- The Karnataka Societies Registration Act 1960: In Bangalore most of the associations are formed under this Act. The societies formed under this Act are for the promotion of charity, educational, science, art, literature or for the promotion of sports. The Act does not bind anybody who is not a member. The advantage of the Act is it can be formed with minimum 7 members who are not less than 18 years. The association formed under this Act to maintain day to day affairs of maintenance. Both Residential and commercial building owners can become member of the society.
- The Ownership Flats Act and The Companies Act: Under this Act a private company can be formed for the maintenance of apartment, both residential and commercial building. All the owners will be issued shares and rules for governing the allotment and transfer of share. This is not effective in Karnataka because the co-operative societies may not have companies as its members.
Formation of Apartment Owners Association
An association of apartment can be formed by volunteer association of owners of apartment. The association may or may not be registered. By registering the association members can enjoy legal benefits and association gets unique name registered. An apartment owner’s association can be formed under Karnataka Apartment ownership Act 1972 but it needs all the owners of apartment gather at one place at time of registration and it is difficult to gather all owners at one place at a time. The builder can register the association if all owners give power of attorney for forming an association. Most of associations are formed under Karnataka Societies Registration Act 1960.
The following are requirement for formation of an association under Karnataka Societies Registration Act 1960.
- Need 7 or more members and must be above 18 years.
- Memorandum of association with name and objects of association, details of members of governing body with name, address and occupation.
- Bye-laws (rules and regulation) of the association.
- Fee for registration
All the applicants need to sign the document in front of Registrar and if the Registrar is satisfied that all the requirements of this Act and the rules made he shall certify that the society is registered and issue a certificate of registration. The Association of apartment owner’s is successfully formed.
Object of Apartment Owners Association
In an apartment there will be common maintenance charge and it has to be meet proportionately by all flat owners. One of the objects of formation of association is to collect these charges and work for welfare of owner’s of apartment. The association formed under Karnataka societies registration Act 1960 is promotion of charity and organize a non-profit organization for welfare of owners in apartment.
Duties and Powers of Apartment Owners Association
All the owners of apartment complex are members of the association but people other than owners who reside or occupy an apartment will have to pay maintenance charges for enjoying common facilities but does not have right to vote unless authorized by owner of apartment in writing. The members other than owners are known as associate members and owners are known as members. All the members of association form general body.
General body consists of all the members of association who are owners of apartment complex. General body elects members by and from general body as Management committee. Management committee consist a President, Vice-President, Secretary, Treasurer and other members. Management committee represents association before all official and non-official bodies concerning building and other member’s rights and interests.
Each and every member has his own duties and rights in an association. Here are some duties of each member.
- Management Committee
- Organize social, cultural and recreational facilities for the members or people in the apartment.
- Represent members of association and protect rights and interests.
- Open and maintain bank accounts of association
- Work for welfare of residents in association and co-operate with other association for common and mutual benefits.
- Ensure the monies are used for the maintenance of building and promote charitable feeling among members. Encourage religious, social, cultural and educational activities.
- Keeping safe custody of documents relating to land and buildings, license issued etc.
- Conduct meeting, discuss the problems and provide adequate solutions.
- President
- He/She is the person who has can sue or defend any legal action against association.
- Ensure the income and expense of association is for welfare for members of association.
- Enters into contracts approved or assigned by the committee.
- Treasurer
- Maintain funds and documents relating to association in safe custody.
- Operate income and expenses of association and empowered to operate bank accounts of association.
- Maintain petty cash to meet expenses and maintenance of apartment.
- Secretary
- Organizing and conducting general body meeting of association members.
- Attending meeting representing association
- Taking and maintaining minutes for meeting.
- Collecting and analyzing information from members.
- Members
Following are important rights and duties of members of association.
1.Attend general body meeting
2.Right to vote
3.Pay the dues decided by the general body and abide by the bye-laws.
PS: Sample of Byelaws for formation of apartment association
*Data gathered for information purposes, use of same is at readers discretion, author claims no liabilities for the same.
Tags: apartment communities, Apartment Owners Association bangalore, Association, Formation of Apartment Owners Association, property documents, Residents Welfare Association in Banglaore
our builder is refusing to hand over the maintenance.He is collecting lot of money without giving receipts and has not produced accounts for the past three years.He has built 48 apartments instead of the approved 35 and hence there are covered car parks for the owners of the approved flats.We are unable to get a occupancy certificate due to unapproved construction.
I went through both the documents (THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960 and THE KARNATAKA APARTMENT OWNERSHIP ACT, 1972).Please see my specific questions: 1. Our building consists of 22 apartments in 5 floors (including pent house) and located near to old Airport Road (HAL). Under which act we should register our association?
2. How much it may cost for the registration?
3. What are the necessary documents required for registration?
4. What shall be the steps in the registration process?
5. What kind of help you can offer on this process? Please provide us your service charges, if any.
Hi Suneesh, You can contact me at 9886111814, i can help you through understanding and getting the registration for your society. Being in practice you can reap future benefits for your Association like monthly compliance of service tax, Income tax etc.
Do contact for any clarifications.
Is there any precedent for the residents’ asspciation charging the residents for parking vehicles on the street? We are a gated community and are thinking about such a measure to force people to use their building parking space. Any pointers would be helpful.
can builder sell some area next to any flat to them after selling of other falts/after undivided land of share is announced
our builder has sold the terrace and some of the common area to some flat owners.and one among those flats is not sold and under some repair,now he is saying that the area occupied by him previously is common area and the association should bear the expenditures.the area is totlly coverd and only that flat ownes’can use that
Gotta hand it to you man. Some great stuff here.
Very good article, I very happy of your site. Thank you.
I read few content on this website. I’ll bookmark your blog and check again here frequently. I am quite sure I will learn plenty of new stuff right here! Thanks for sharing.
Particularly insightful cheers, I do think your readers might want a great deal more items like this carry on the great effort.
Generally I don’t discover publish on sites, but I wish to say this write-up very pressured me to attempt and do so! Your creating type continues to be astonished me. Thank you, fairly excellent write-up.
Today, taking into consideration the fast way of life that everyone leads, credit cards have a huge demand throughout the economy. Persons coming from every area of life are using the credit card and people who aren’t using the credit cards have lined up to apply for just one. Thanks for expressing your ideas on credit cards.
very useful article , thanks to cf
Very nice post. I simply stumbled upon your weblog and wanted to say that I’ve really enjoyed surfing around your weblog posts. After all I’ll be subscribing to your rss feed and I am hoping you write again soon!
I have purchased a 2nd hand flat in Bangalore recently. I put a box type grill for my flat seeing the structure of the other tenants. I was issued a notice by the association stating that it is not allowed to have box type grill in the apartment.
When I asked the question why 50% of the building have and why not me they came back with the answer that they have constructed it before formation of the association and after the association is formed it is not allowed . I argued with them stating that if the rule is there then it should be applicable for everyone either it is before or after the association.
Please let me know how can i fight against it with law.
Hey,
Please suggest me whom to approach to register myself for the apartment association?
Wonderful info, a lot of thanks to the author.
Thanks, I’ve recently been hunting for facts about this topic for ages and yours is the best I have discovered so far.
Attractive part of content. I just stumbled upon your web site and in accession capital to say that I get in fact enjoyed accounting your weblog posts. Thank you.
@ admin: great job! i wanted to ask, where did you take this theme?
It is really a nice and useful piece of information. I’m glad that you shared this helpful info with us. Please keep us up to date like this. I also request you to provide me more info about the role of Apartment owners association. Thank you!
Very nice post. I simply stumbled upon your blog and wished to mention that I’ve truly loved surfing around your blog posts. I hope you write again soon!
You Guys have no idea of Karnataka Apartment Ownership Act, 1972. THERE IS NO NEED FOR ALL THE OWNERS TO GATHER NOR GIVE POWER OF ATTORNEY, as stated by you. The Builder/Developer can file a single Declaration Form A under the Act and register it with the jurisdictional Sub Registrar. It is binding on all the Apartment Owners.
If the Builder/Developer fails to do the above or refuses to do it, the recourse to the Apartment owners is to File Form B — where only the presence of all the owners is required.
Hi ,
I am the secretary of the one housing association, i want to resign as my period is over. is any body can send me the formal resignation letter ?? so that it will help me lot.
And after resignation can i call for election?? or before resignation should i call for election??.. what is my designation after my resignation up to another people taking charge?? plz mail me the reply to my id ganeshu4@yahoo.com
With Regards
Ganesh
Is there any link downloadable form for : Residents Welfare Association registeration ?
Can you please share it ? Thanks!
I like the valuable information you provide in your articles. I will bookmark your weblog and check again here frequently. I am quite sure I will learn many new stuff right here! Best of luck for the next!
We are plannig to buy a pent house in hyderabad which is not approved?can we pay some fine and make our flat regularised??Can u tell us what will be the problems we face in the future