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.
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Tags: apartment communities, Apartment Owners Association bangalore, Association, Formation of Apartment Owners Association, property documents, Residents Welfare Association in Banglaore
Dear Madam/Sir,
I am owning an apartment and the Owners association is not registered.
I would like to know the following:
The builder has constructed one house in the car parking area / basement. All these years it was not rented and thus it was used for Association gathering. Now he has rented it out. Is it allowed to do it.
The builder has constructed 2 Pent houses, where he is residing and he is not allowing the owners of the apartment to go on to the roof top. Is this correct and can it be opposed.
As the basement is occupied and the builder is not allowed to go on to top we are finding difficult.
What could be the solution.
Thanking you,
Take the Original building plan and approach BBMP… File a online complain too.. Those illegal things will be demolished.
According to the Karnataka Apt.Ownership Act, 1972, the voting rights are variable. We have in our Apt. Association made it one vote per apartment. This was passed in one of our AGMs. The resolution so passed is logical but a couple of Members say it is illegal. Is that so?
I shall be obliged for clarifications in the matter.
A. Subramanian (sachusubbu35@gmail.com)
I have a purchased a flat in Bangalore from the owner’s share in June 2010. The flat was vacant for the last one year. Now the flat association is demanding that I pay the arrears of Rs 1000 per month for twelve months since the owner has refused to pay. What is your suggestion?
Hi,
How can we register an residents assiciation in chennai. Where i can find the information on net and please have some sample for the bye lows and alll.
shine
I your blog - excellent work!
I have a purchased a flat in Bangalore from the owner’s share in June 2010. The flat was vacant for the last one year. Now the flat association is demanding that I pay the arrears of Rs 1000 per month for twelve months since the owner has refused to pay. What is your suggestion?
Dear Sir/ Madam,
I want to register bye laws of one apartment. I have drafted the same in view of Apartment ownership act 1972. When I approached registrar of societies for registration, in their office they have clearly rejected the bye laws as they will not register the bye laws drafted under 1972 act. Its only 1960 act will be registered there. I am confused where should I approach for registration if the bye law is prepared in view of 1972 act. Kindly suggest.
Hi,
Please give the detail/process of ANNUAL GENERAL BODY meeting under karnataka socieities registration act 1960.
regards,
Siddu
Hi Siddupms,
GBM will done as per your bye - law if it is not mentioned, you need to mention the same
Thanks
Nagendra AS
Dear sir/madam,
plz to be note that we r staying in the 100 site layout, plz let us know which act will cover ?? and let us know the best book / website to take the act details??? r we comes under Apartment ownership act 1972 ??? or other act ??
expecting u r immeiate reply
With Regards
Ganesh
Hi Ganesh,
Now a days in Bangalore Association is registered under Karnataka State Societies Act, you can follow on that for your association registration
Thanks,
Nagendra AS
Hi,
Would it be possible for you to give some information about the association:-
1) Would the liability of the builder (ie pending work that the builder has to complete) will be transfered to the association once an association is formed.
2) Once an association is formed would the Association Act support us to get the pending work from the builder.
3) Would Khata be required to form an association
Probably some overview of legal implication of forming the association in our Apt.
Hi Prashanth,
1) Would the liability of the builder (ie pending work that the builder has to complete) will be transfered to the association once an association is formed.
Builder liabelity complete all the works in he Apartment has agreed between buyers, Association can maintain the same but completing works is done by the association
2) Once an association is formed would the Association Act support us to get the pending work from the builder.
Association demand for the completion of the work
3) Would Khata be required to form an association
Katha is not required to register the Association
Thanks
Nagendra AS
Hi,
I am owning an apartment and the Owners association is not registered.
Would it be possible for you to give some information about the association:-
(1) The builder has constructed 4 pent houses and he has sold them (its not informed to Akrahama/Sakrama). So including these it would be 36 flats, can the Bye laws still be registered under 1960 Act ????
(2) Is it not necessary to get the signature of all the Owners (36 flats) for registering the Bye laws ????
Thanks.
it can be register as per society act 1969, and cannot be registered as per Karnataka flat owners association Act 1972, and flat owners association must regustered as per “Karnataka flat owners association Act 1972″ only to safeguard u r property.
I recently just bought a flat in Bangalore also. Wanting to get some information on the home owners association too. Only if they made an association for inside the apartments. What was supposed to be a fully furnished flat turned out to be a nightmare. Not one single piece of apartment furniture…talk about being ticked off. Well anyways, trying to make sure I have all the info I can get on the current home owners association before I move in.
I am an owner of an apartment in an apartment complex that has 72 apartments. We are in the process of registering a Society under the Karnataka Apartment Owners Act, 1972. It seems to me it is a very complicated process and, as per my observations, our lawyer, too, seems to be out of his depth. I do not know if he has the requisite bandwith to complete the project successfully.
My question is: What is the benefit of registering a Society under the Karnataka Apartment Owners Act as opposed to Registration of Societies Act?
Vikram