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 Association was formed almost 2 years ago but Share Certificates have not been issued to the site/aptt. owners so far.
After Association has been formed, it is reqd. to issue Share Certificates to owners to make them bonafide members of the Association.
Pl. correct me if i am wrong ?
Hi,
There isno madatory to issue a share to all or anyone, moreever if they r not issued also not problm to all and you can still have the to ask your needs from the association as owner of the Apt or member of the Association
O.K.
@Capt S.K Gupta: it is only a registered co-operative society which issues the share certificates, as it is the society which owns the land and the Superstructure any other Apartment Owners Association do only manage and administer the affairs of the association and hence cannot issue any share certificates.
Hope that clarifies your question
*Disclaimer: The above answers are for information purposes and not professional consultation.I am not liable for the use of same. If you want a professional opinion you can send me you details at:
http://www.commonfloor.com/listings/bangalore/legal-services/shendge-and-shendge-associates.html
Hi,
We have not registered our Association so far however we need to do certain receipts and payments for the operational expenses. Is there any way we open bank account on three/four member’s name and start using the same? Which all banks provided such accounts?
Further more once we register Association can this bank account will be converted to registered association’s name?
pl. contact me at 9620111127
hi,
Defnately I can be added to your new registred Association, Meanwhile u need to send a detailed matter to the Bank to changing Account to registred Assciations name
Thanks
Regards
Nagendra
9164001353
I would like to know about law of appartments in Andhra Pradesh
Rajeswar
nellore
07.04.09.
Andhra Pradesh has Andhrapradesh Apartments act 1987 which governs the formation of association, making of bye laws and running of the apartment.
for ex: You can refer the link below for sample byelaws of apartment under the act
http://www.docstoc.com/docs/5111295/BRC-Mansion-Bye-Law
If you need some specific information please write back.
Hope I have answered your query.
*Disclaimer: The above answers are for information purposes and not professional consultation.I am not liable for the use of same. If you want a professional opinion you can send me you details at:
http://www.commonfloor.com/listings/bangalore/legal-services/shendge-and-shendge-associates.html
Not that I’m impressed a lot, but this is more than I expected for when I found a link from friend telling that the info is awesome. Thanks.
I am the orner of N 706, PF Square.
Since 7 members are required to get going, I can be one of the members.
Questions.
There are 1000 and more apts. Common expenses plus reserves is to be collected monthly from each apt.
Who can give us the info how to pay this monthly amount by ecs to the association bank account.
How to collect from apts not taken possession of.
WHAT HAPPENS TO UNSOLD APTS IF ANY.
SINCE WHEN IS THE ENTIRE COMPLEX OF PFS HANDED OVER TO THE ASSOCIATION.
DO WE HAVE TO APPOINT OUTSIDE OR PREFERABLY WITHIN OUR RESIDENT OWNERS SPECIALISTS TO RUN OUR ASSOCIATION ON A MONTHLY REMUNERATION.
IS IT ADVISABLE TO PAY ANNUAL REMuNERATION TO THE active
members of our association.
many questions later on.
As I am a first time owner of an apt,I am not aware of the relevance of these queries and tha complexities of the financial angles.
I have heard of people in power of these associations
@Deepak Vora: I think this sample bye-laws document will clarify lots of your doubts.
http://www.commonfloor.com/articles/wp-content/uploads/2009/03/sample-bye-laws-apt-act1960.pdf
Its understandable to have queries the first time. Association is a body formed by owners of apartments in a complex for smooth functioning of day to day activities required in apartment complexes. They may employ few people to carry on and assist in these activities for their apartment complex.
Please feel free to ask any queries you may have in this forum.
Regards,
Shendge
*Disclaimer: The above answers are for information purposes and not professional consultation.I am not liable for the use of same. If you want a professional opinion you can send me you details at:
http://www.commonfloor.com/listings/bangalore/legal-services/shendge-and-shendge-associates.html
Is there any law or regulation that guides an acceptable periodicity of the maintenance charges payable by the members of the association- i.e. either Monthly, Quarterly, bi-annually, or Annually? Or, is it under the sole discretion of the association?
The Association by it self does not enjoy any discretion, but the majority of the flat owners do decide about the method by which maintenance charges ought to be collected , there is no independent law governing the payment of maintenance charge, but the resolution of the majority decision is a law by itself, for governing the affairs of the Apartment/Society
Regards,
Shendge
*Disclaimer: The above answers are for information purposes and not professional consultation.I am not liable for the use of same. If you want a professional opinion you can send me you details at:
http://www.commonfloor.com/listings/bangalore/legal-services/shendge-and-shendge-associates.html
As per the Karnataka Apartment Ownership Act, 1972 Section 10 – Common profits and expenses, It is stated that common expenses shall be charged to the apartment owners according to the percentage of the undivided interest in the common areas and facilities.
- Does this mean every flat owner will be charged as per per sq ft rate?
- If the housing society is registered under the karnataka societies act and not under the karnataka apartment ownership act, then what is applicable?
- In our society 4 BHK flat owners are pressing for a maintenance charge which is not as per the per sq ft rate. They have come up with a formula of paying 1.25 times more than the 3 BHK flat owners which is not acceptable to us (3 BHK owners). We are pressing for a per sq ft structure as it is prevalent everywhere.
- Kindly advise on what are the legal provisions regarding the maintenance charge if society is registered under the Karnataka societies act.
@Nick:I will give a consolidated Answer for your complex Question, Firstly there are very few apartments which are governed under the Society’s Registration Act, in Karnataka however it is immaterial as to which enactment of the Law which the Condominium attracts, the general practice what is followed in Karnataka is that the Maintenance charges are paid as per Sq feet basis, and hence the Association should be more rational in their approach then penalizing larger apartment owners.
Regards,
Shendge
*Disclaimer: The above answers are for information purposes and not professional consultation.I am not liable for the use of same. If you want a professional opinion you can send me you details at:
http://www.commonfloor.com/listings/bangalore/legal-services/shendge-and-shendge-associates.html
The maintenance, or more correctly, operation charges for security & common area electricty cost etc are enjoyed by all flats equally. The bigger flat do not enjoy any additional facilities. Therefore sharing the charges on sq.ft area seems to be irrational and against natural justice. Is it not some group trying to live on the expense of others?
Dear Mr Shendge,
I also have the question on the same topic – if all the apartment owners enjoy exactly the same benefits from the use of collected monthly maintenance amount, why should some people need to pay more? In our case, the difference is as much as Rs 550 per month (some apartments have 1250 sq ft area and some have 1800 sq ft; so at 1 Re sq ft, the difference comes to Rs 550 p.m.). And naturally, if the lesser sq ft apartments are more in number, the majority will always be for per sq ft basis, thereby penalizing those who paid for larger sqft area from their hard earned money for their own happiness and not for somebody else’s happiness. How is this fair in the eyes of law?
Further, in your reply you’d mentioned, “..the general practice what is followed in Karnataka is that the Maintenance charges are paid as per Sq feet basis, and hence the Association should be more rational in their approach then penalizing larger apartment owners.”. In this, the 2nd statement(…and hence the…) seems to contradict the 1st statement,”the general…”. Can you please clarify this?
Thanks in advance.
we have an apartment just below the water tank, the tank is common to all. the tank has a crack and the water seeps into the apartment and the electric wiring. the committee claims it is partially the resident’s responsibility to fix the tank and therefore is asking us to pay up half the price of repair. we have already repaired it twice at our own cost.
Does repair of tank come under common maintenance or is it the affected resident’s responsibility? please advise how to go about with it.
Rajiv, you have nobody at the top of your floor. But in my case water is seeping into my toilet from the toilet of above flat. He is not ready to repair that telling that it is my problem, not his and not allowing me to break any thing. I have brought good labourers from FOSROC and they did some sealing of the joints of the tiles and the traps of his toilet and did pressure grouting from my toilet. Still water is seeping from it, doubt whether the leak is from the sewage pipes. Water is now seeping into our bedrooms and dining halls and fungus is forming on the walls. Does any body guide me what to do in this tensed condition. The association cannot pursue him because he is not attending any meetings.
If the cause of the leakage is from the flat above yours, then the cost of the same is to be borne by the flat owner above your flat. If he refuses to do so, you can approach the association to persuade him. If he doesnt relent, ask your association to disconnect water lines to his toilet till the problem is recitified
Hi Rajeev
Water tank is one of the common area (or amenities). The maintenance / repair of the same is to be done by the Association. So the Association should undertake the repair.
Nick
We have the same problem in our apartment.
Was your problem solved? Can you share more details of your apartment.
Problem was solved through voting. Majority of the voters opted for per sq ft rate.
Hi thanks for this nice blog. I am sharing this with all my mates on facebook.com
Thank you..
this has been very helpful to me……Thank u once again
Is there any validity period for the owner’s association registered under Karnataka Societies Registeration Act 1960? Does it need to be renewed every year?
THERE IS NO VALIDITY PERIOD FOR ANY ASSOCIATION IT IS PERPETUAL, HENCE NO NEED FOR ANY RENEWAL
rgrds,
Shendge
*Disclaimer: The above answers are for information purposes and not professional consultation.I am not liable for the use of same. If you want a professional opinion you can send me you details at:
http://www.commonfloor.com/listings/bangalore/legal-services/shendge-and-shendge-associates.html
Hi
Thanks for the information, it was very helpful. We at DailyDump ( http://www.dailydump.org ) are trying to connect with Apartment/ Resident associations. In this regard, we are trying to find a list of the associations in bangalore with contacts. Can you give directions on this.
Dear Mr.Shendge,
Our flat is in G M palaya(Close to Thippasandra)We are interested in registering our flat with The Karnataka Apartment owners Association>We have completed all formalities as per guide lines.Please let know the procedures and the location of the office for registration.
Dear Mr. Nagaraj,
With regard to Registration of the Assciation under Karnataka Ownership Act or Karnataka Societies Act both having same legal entity, what i wanted to suggest you is go head with Societies Act its much easier thant the other one if youre required more information please feel free to call us on below mentined number
Thankin you,
Regards
Nagendra
Advocate
9164001353
We live in a huge apartment complex with 400 houses. Recently there was a cultural event in the common area in the apartment with PA systems which was very noisy and disturbing. As residents of the apartment do we have the right to object to this? and what are the laws related to this issue.
Thanks and your reply will be much appreciated.
Dear Sir,
Defnately you have the right ask the questions on that, but you need to approach your association to control the matetr in the regular meetings held by the Association if you dont have Association please go head with the registration of your Association sooner.
Please feel free to call us if there is any clarifications
Regards
Nagendra
Advocate
I have seen apartment associations usually charge a fee to issue No Objection Certificate during a Sale of Apartment.
Any idea why association should charge the seller for selling his own apartment?
Dear Suresh Karthik
I do not think there is any need of an aprtment owner need to take any NOC from a voluntary association. However a lawyer is in a better position to reply to this
Hi,
Actually your right. no need to take any NOC from non registred Assciation for yuor tansaction and even if it is registred also u need not to take any NOC
Thanks
Regards
Nagendra
Advocate
9164001353
Dear Mr Shengde,
I live in an appartment where we have not got our Water supply connected yet. Due to this reason we are purchasing water every day from tanker owner. It is a substantial amount for which our monthly maintenance has gone up exhorbitantly.
Few families having two or three members have problem with families having 6 to eight members and that too having 4-5 guests staying for months together. Because it was noticed that during those months when guests arrive the consumption of water goes up to additional two tankers per day.
To solve this, can we purchase drinking water and pay for amount consumed. can the above bickering be solved by suggesting per head consumption by a month’s total tanker usage divided by number of family members to get the unit consumption limit and calculate the average cost per flat.
My reason for asking this is to look at the possibility of solving an ongoing problem which is happenning in many apartment flats.
ANS; IT IS STRANGE THAT EVEN BEFORE GETTING ALL BASIC AMENITIES TO THE CONDOMINIUM PROVIDED THE BUILDER HAS PUT YOU IN POSSESSION OF THE FLAT, I SUPPOSE YOU HAVE PAID TO THE BUILDER ALONG WITH OTHER CO-OWNERS THE CHARGES THEREOF, HOWEVER YOUR PROBLEM IS VERY COMMON, UNLESS THERE ARE SPECIFIC PROVISIONS IN YOUR CONDOMINIUM BYE-LAWS AS REGARDS THE USAGE OF WATER OR ANY RESOLUTIONS /DECISIONS ARRIVED IN RESPECT THEREOF BY THE THE FLAT OWNERS ASSOCIATION, I DONT SEE ANY SOLUTION FORTHCOMMING TO YOUR AID, BASICALLY YOU NEED TO RAISE THIS ISSUE IN THE MEETING, IF NO MEETING IS CALLED FOR ISSUE A NOTICE FOR AN EMERGENCY MEETING OF THE ASSOCIATION TO RESOLE YOUR PROBLEM, SINCE THESE ISSUES ARE TO BE SORTED OUT WITH IN THE FRAMEWORK OF THE ASSOCIATION BYE-LAWS.
*Disclaimer: The above answers are for information purposes and not professional consultation.I am not liable for the use of same. If you want a professional opinion you can send me you details at:
http://www.commonfloor.com/listings/bangalore/legal-services/shendge-and-shendge-associates.html
Hi.. I am a tenant in an apartment complex. The association has recently decided to change maintenance fees and now charges different rates for flats occupied by tenants from those occupied by house owners. I feel this in unfair as all of use the same common area and same facilities. Is there something that will help me present a stronger case to my association members/president to get this decision retracted.
i dont think its unusual that there are separate slabs for self occupied and rented houses. if the maintenance charge for houses given on rent is fixed at a higher level, it is the owner who should be paying the excess amount. these houses are charged more because the owner is making additional income by renting it out. however, the owner invariably passes it on to the tenants.
its a bit like different property tax rates for self occupied houses and houses given on rent.
HI,
If your owners Asscoaition decided to make changes then it can solver or else you need to ask them for change voluntarily with all the tenants who are all residing in the same Building
i do feel its unfair to the tenants. the association must ideally ask the owners to pay the excess maintenance charge for rented houses. but the association is comprised of the owners, so they will tend to protect their self interests.
Dear Mr. Shingde,
We have an association for our apartment although its not registered. we however have our set of rules and regulations, bylaws, and a memorandum of association and these were all ratified and signed by all the members of the apartments.these rules govern the formation of the managing committee, and all other requirements for our functioning. is such an association identified as a valid body by court of law. we have to file a case against our builder, and can we do that through this association even though it is unregistered.
is this unregistered association still recognized as a valid body and are all members bound by the rules and regulations and the bylaws? can members disobey the rules/bylaws citing the fact that its not registered and is therefore not legally binding ?
thanks.
vishwanath
Hi,
If it not registred under the Karnataka Apartment Ownership Act, it can be registred under the Socities Act, after registering the Association, the person who is authorised to look into the particular matter, he can file a case against the builder on behalf of the Association, If you want any help or service with regatrd to the Registration of the Association, we can do that at the better pricein services, please contact our person under signed, if the Association is not registred such kind of Association has no legal entity(Particularly)
Thanks
Regards
Nagendra
9164001353
ANS: TO INITIATE ANY ACTION BY OR ON BEHALF OF THE ASSOCIATION YOU NEED TO SUBMIT YOURSELF TO THE ‘KARNATAKA APARTMENT OWNERSHIP ACT.,’ by registering the deed of declaration together with the association bye-laws,, i am unsure as to whether you have done so, since it is mandatory. Irrespective of your association framing set of rules and regulations and all the members ratifying the same, your association would not be governed by the Act and it is quite difficult for you to sue the builder, however it is not too late you can still have the deed of declaration along with the assoication bye-laws registered, so as to keep your association clear of all technicality’s of the act. precisely as long as all the joint owners do not submit to the act by registering the deed of declaration, you cannot bind the members with the rules and regulations framed by the ad- hoc committee, members could take advantage thereof the only solution to
have control over the affairs of the association and its members is to have the deed of declaration registered and thereafter form an association with democratically elected body.
yours
Shendge
*Disclaimer: The above answers are for information purposes and not professional consultation.I am not liable for the use of same. If you want a professional opinion you can send me you details at:
http://www.commonfloor.com/listings/bangalore/legal-services/shendge-and-shendge-associates.html
So, according to your recommendation, Mr. Shendge, we should we register our assoc under the Kar Apt Ownership Act and not the Kar Societies Act, though it is easier under the later? Please tell us the pros and cons of registering under either of the Acts.
Many thanks!
-swarna
Dear Sir,
We can register the Association with two options one is as per the Karnataka Apartments Act and other one is Karnataka Societies Act, both as same legal entity, first we need to make memorandum of Association and Articles of Association and bye-Laws . submitted to the Office then get rigister.
please feel free to call us , if there is any clarifications
Nagendra
Advocate
9164001353
Dear Mr Shendge,
May I clarify through this mail the queries you have raised.The building I live in has around sixteen apartments and all payments made to the builder. all owners in the building have also paid to BWSSB the required amount for water connection more than three years back. The connection is still awaited.
The builder provided the borewell which has run dry now. So we are buying water tankers every day.
Some flat owners formed a committee who takes the final decisions on behalf of the other residents. They are taking advantage by asking us to pay an exhorbitant amount (the water charges are much more than the maintenance charges) as the water buying charges are included in the maintenance charges. The Committee members are fulfilling their interest as they are the people who consume bulk of the water because of large number of family members and guests come to stay for months together. Minority of owners having two members are paying for others consumptions. And the most uncompromising fact is the water is wasted irresponsibly.
My question is under this circumstances can the court of law be approached for any kind of redressal.
With regards
Rajesh
Hi
I am owner of a apartment in Bangalore. But I have been abroad for last few years. The apartment was initiall maintained by the builder and two years back the association took over and started charging maintenance fees. The builder had taken a maintance deposit. I was not aware of the transition neither I was contacted by the association. During my last visit I found out there were maintanance dues and went to cleat them. But the association is charging 3% penalty per month and this has become a big amount. Itried to reason with them.. they are not agreeing, and also threatening me that they will not allow any tenant to enter my apartment unless the dues are cleared. I have paid all maintenance charges except the 3% penalty they are charging. The bye-law does not stipulate the a 3% penalty per month can be charged. Also the assciation is charging the charges upfront, I was late for the payment just by 3 days and the are charging me a months interest. The association seccretary is bahaving is always on the threat not allowing tenant etc.
I agree I was late in making payments, but association should have atleast contacted me or used the powers vested with them to recover the dues. But as I was away for two years this amount has become more then the maintenance charges.
what are my rights here? Can I take the associaton to court for arbitration as I feel 36% penalty is not fair. Can they stop me from letting out the property
Thanks
Prakash
Hi,
Your Association as the right to recovery the balance amount and some nominal interest not as like 36% interest from any body, you can brought them before the court and they dont have the power to restrict you to let the property to some others and it was not mentioned in any rules and regulations from the govt.
Please feel free to call us, if there is any clarifications
Thanking you,
Regards
Nagendra
Advocate
9164001353
Hi Prakash
1. Without your knowledge the deposit you made to the builder can not be transfered to the association.
2. The association/ Managing committe has the powers to determine the paenalty payable by the defaulters. Please note that the 3% percent extra charged is not interest but penalty for non compliance.
3. As owner it is your duty to get information and pay the dues on time.
4. The association has no power to block entry to your apartment.
5. The asociation can stop all services to your apartment for which the payments are made from common fund.
6. The association also have the power to create a charge on your property with the registrar. In that case you will not be to sell the apartment with clearing the dues. Again the association (throgh its manging committe has the authority to fix a penalty.
Hi,
We have bougth flat in Bangalore and were given possession last year. This year maintenance has been handed over by the builders. Association was formed and members elected. After a lot of discussion in the group through emails and meetings, maintenance fees was fixed. However now, only 50% of the owners have made the payments. Due to lack of funds the association is not able to sustain teh security, lifts and generator maintenance and is considering discontinuing services. This is obviosuly a hit to those of us who have made the payments and want to live satisfactorily with amenities that we have paid for.
Please advise what the association can do to get these owners to make payments?
Also, one owner has close to 20flast which he has let out as PG (close to 5-6 bachelors per flat). He too is not paying up for maintenance indicating he be made president of the assoc. What are our legal rights and how can we overcome this problem? W
Dear Ms.Suma,
As per the Bye-Laws of your Association you can enforce the power vesting with the Association Chaiman or President and stop the facilities provided to him, ask him make a payments to the Association towards maintainance charges, here you need to register the Association first.
If there is any clarifications, please feel free to call us
Thanks
Nagendra A S
Advocate
9164001353
nag1250@gmail.com
Hi,
This case is in Hyderabad. The builder was providing maintenance services for two years, then sold what is supposed to be common property to a third company and transferred the maintenance services to that company. There was no association or society formed then. Now we have.
Our goals are two fold: 1. To regain our rights over common property, 2. To run maintenance services on our own.
What should be our strategy?
The complex has 400 apartments, but we are able to connect with only 200 of the owners so far. What acts in AP would be relevant to our case?
NPK
hi,
we have registered our association of flat owners of the apartment in Bangalore under “The Karnataka Apartment Ownership Act 1972″. we have couple of issues in our building
1. Some of the flat owners not paying monthly maintenance / additional charges (like when new bore well dug/ repairs etc.) what can be done to collect these monies as all the peaceful efforts to collect the dues proving futile, in GBM some of the members suggested to stop supplying water to these flats but some argue that its against the law saying that we can’t stop water supply. this is the only individual service we could stop.
2. builder has constructed a flat in the basement which is not in the plan approved, builder didn’t mark any car parking for the said flat neither physically nor on parking allotment drawing , recently the person who bought the flat is claiming that it is mentioned in his sale deed that one car parking available so the association has to allot him a slot; this is 8 yrs after the builder handed over the building to our association. question what should be the association’s stand in this regard.
thanks
Dear Mr. Sekhar,
Here you have lots of issues in your Association its actually based on your apartment bye-laws we need to take action in future with failured owners in the Apartment Building, so please contact for the details in brief
Please feel free to call us, if there is any clarfications
Thanking you,
Nagendra
9164001353
Dear Nagendra,
Thank you very much for the reply, unfortunately, our bye laws didn’t mention anything about these issues, then I guess we have to follow the provisions in The Act regarding this, or precedents set so that we wouldn’t go against teh law or general principles.
regards
Sekhar
I have purchased a flat in Bangalore. We have also formed an association and it is registered. The original land owner (a local resident) has 30 flats in a 100 flat complex and is bullying the association. He has started a PG in his flats and is not ready to shut them down even though the by-laws state that no commerical activity is allowed. He also recently threatened the association members.
What’re our options to tackle this?
Hi Surya,
You need to approach the Court of Law at this stage, on the proof of Association Bye- Laws .
Please feel free to call us, if there is any clarifications
Thanking you,
Regards,
Nagendra AS
Advocate
9164001353
Hello , I have bought a ground floor flat in Bangalore in 2006. I belong to a middle class family . I paid some of the hard earned money of my father’s retirement benefits to builder as an advance and rest has been paid by the bank. I had got the lawyer’s opinion about the flat and got a good opinion to buy a flat. I bought a flat and later noticed in the year 2007, that building plan was available with ground floor with car parking and rest first floor and second floor flats are approved. Hearing this , My father fell sick and now he is no more. Now , I am not able to get the plan approved or sell the flat. Apartment residential association says getting the building plan is owners responsibility , as all the flats have the approval in place. Please guide / help me.
a) Can I send a legal notice to the builder for the same ? .
b) how much I need to spend to get the Buidling plan approval. ? 1050 SQft
c) I am surprised , how did the bank approve my loan , Can I send the legal notice against bank.?
d) Whom do i need to contact to get the building plan approved ?
Dear Sir,
You can ask for the approval of the plan for the ground floor but not now wait for few months once BBMP starts doing Akrama into Sakrama, that time you can apply for the same, you need not worry about the matter, everything there is a solution or else you can send a notice to the Builder for the fraudulent activities
Please feel free to call us, if there is any clarifications
Thanking you,
Nagendra
Advocate
9164001353
Hi,
I own and reside in a flat in a apartment complex for past 6 years. I am extremely unhappy with the overall maintenance especially the security. I am sure most of the residents are but nothing really happens as the managing commitee does not take up the issues properly with the maintenance agency(maintenance is outsourced by the the association), which happens to be the developer itself.. Can I stop payment of maintenance (fully or partially) How do you think I can go ahead with this issue. Any information would be a great help..
Dear Mr. Vishwanathan,
If the Builder is maintaining it now, then you need to approach your Association for the problem facing by you, then the Members or Chairman will put pressure on Builder to correct the saem, If your not paying the maintainance, then you will be in defaulters list.
Thanking you,
Regards,
Nagendra
Advocate
9164001353
Thanks Nagendra
for some reasons – not known to me – the association(the managing committee) is not really taking up the matter with the builder!!! Can I not try to pull the maintenance agency, which is builder in this case, to say consumer forum ? When I sign a maintenance agreement, with certain service levels mentioned in it to be met.. and I am not getting proper service , in my case infact one of my vehicles was stolen from the apartment.. can I not stop paying for maintenance when I am not really getting what I am paying for ?
A guidance would be a great help..
Thanks and regards
-Vishwanath
Dear Sir,
That is the case you can enforce the rule as per the law, you can call to us for further discussions
Thanking you
Nagendra
Advocate
9164001353
Hi,
Is it recommended to form a registered association when you have 5-10% work left from builder or there are some pending regularization of structures , Or the owners should wait for completion of above necessarily, Will forming association have some legal implications in that case ?
Rakesh
Dear Mr. Rakesh,
yes, your association can be registred at this point of time, It will be good to have the legal entity on your part by way registerering the Association and your association can out pressure to the builder to complete according to schedule of the Project
Thanking you,
Nagendra
Advocate
9164001353
Hi,
Thank you for useful information. I feel following links will help you to pay your property tax easily
http://apartment-bangalore.com/guidelines-for-bbmp-property-tax-2009-10-312.html
Dear Sir,
You dont need to pay the property tax till the project is completed by the Builder, If the builder completed the project, if you want to pay the property, you can make call us we provide you to pay the property tax for your Apartment Complex
Thanking you,
Regards,
Nagendra AS
9164001353
I stay in a rented apartment. The building has Stilt (parking & ground floor apartments) + 3 floors. The owner’s welfare association has been negligent towards the maintenance of the common lift (including poor workmanship of the contracting maintenance co.) On many a occasion, it has stopped functioning. Despite, several complaints and reminders, the owner’s welfare association has paid little heed to it. Several menial workers are also non-cooperative on instructions of the association office bearers.
This, I believe, has been a regular feature in this apartment complex with a lot of other tenants (on rent) who have objected to the warped behaviour/ biases of the association’s office bearers.
As an associate member, what are the remedies (incl. legal) available to me? Can I directly seek information from the owner’s welfare association?
Additionally,
1. Can I invoke the Karnataka Lifts Act to ensure smooth functioning of the lift? How?
2. Can I file a RTI request in the registrar’s office seeking a copy of the submitted audited accounts of the welfare association? (I suspect financial leakage)
Hi,
I am a resident in one of the apartments in bangalore. And wanted to know whether only the person in whose name the flat is can join the association or his siblings or children can also join?
Dear Mr. Rishabh,
Owner of the flat is very suffiecient to register in the Association
Thanking you,
Nagendra AS
Advocate
9164001353
In our apartments we have 12 % of population who has defauled in payment of maintenance dues duly approved by the Association.
Can we disconnect water suply and besom connection and DG power by sending a notice from our society or should we send a legal notice on behalf of the association/ society before sending the legal notice.
Regards
krishna
On the assumption that the property is in Karnataka / Bangalore, in my considered view, a clear cut answer to the point of doubt raised essentially depends on, among others,:
1. Whether or not the builder / owners of the subject ‘Apartments’ have duly followed and strictly complied with all/each one the several mandatory provisions of the applicable law as embodied in the Karnataka Apartments Act and the Rules framed thereunder?
2. Whether an “Apartments’ Owners’ Association” has been formed as such, the Bye-laws have been framed and adopted, and have been filed and registered in terms of/as per, and strictly in accordance with, the referred Act and the Rules.
vswaminathan
Dear Mr. Krishna,
Without giving a notice to the particular defaulter to pay the due, you’re not supposed to disconnect the basec amenities like water,power because power bill paid by them as well water also. you need to send a written notice to them for collecting the name, if they are still not paid in the stipulated period then you can enforce the law as per your bye-laws and concerned act
Please feel free to call, if there is any clarifications
Thanking you
Nagendra AS
Advocate
Hi Krishna,
You or your association has no right to disconnect water, electricity or other basic amenities provided by government. If you want to take any action, you can report the same to respective authority such as BWSSB, BESCOM
Similar incident was happened in chennai apartment where chennai court says association is not entitle to disconnect the water supply to its owner.
http://propertyindiaproperty.wordpress.com/2009/06/23/water-supply-and-sewerage-can-be-disconnected-for-whole-apartments-if-your-neighbor-defaults/
Hi Krishna,
This is a typical problem. If you disconnect the electricity / water without notice it can be a problem. When the flat owner tries to play smart, Assn should also be smart enough. Assn need not attend to any maint works related to his flat (where there is due) including Electricity and water supply failure to that flat. And you know how to do that. When the flat owner come to the Assn with complaint of no electricity or water, tell them you can attend to it only after settling of the dues. Thus you are not cutting water and electricity officially !
Haridas 9845011302
hi Rakesh
Im one of the office bearers in a well known association here.Your byelaw of association if clearly specifies that services which is of common in nature like electricity and water especially when water is supplied by association and generator supply is given by association,association reserves the right to pull out both electricity and water.Government officials are binded by the bye laws which is duly registered and no apartment owner can go against it
Prashan
Hi,
We are planning to form Apt owners’ association. We plan to hold General body meeting and pass bye laws, elect managing board and sign memorandum.
1. Is memorandum sufficient for the managing board to complete process of association formation?
2. should memorandum & bye laws be in stamp paper (or any other specification)?
3. Does the above documentation be in Kannada?
4. What would be the cost of formation of association (please give me estimated breakup of govt fees, lawyer fees?
Hope to hear from you soon. Thanks.
Dear Ms. Soumya,
For the formation and Registration of the Association we need minimum seven members and all the documents we will only prepare in Kannada Language it is Mandatory, we dont need any resolutions from the earlier association, adderess proof of the all the members should be provided along with photo, please feel free to call us, if there is any clarifications related to formation and fee structure.
Thanking you,
Nagendra AS
Advocate
9164001353
CAR PARKING ISSUES
Respected sir,
I was an owner of a flat in apartment. But i have one doubt sir. Is there any right to purchase the carparking by the builder sir. Builder was earmarked some car parkings. I was not paid for any carparking. But whoever having the carparking they are not having any document for the parking, because some people are not paid for parking after the earmarked. Now we have space for extra car parking. Now I am the secretary of the association. Already my self & some other owners was given an application for parking purpose to previous associations. But they are not taken any action because they are having the parking. Now whoever have the parking these people are not intrested to extra parkings. How I solve this problem. If our assciation is given an extra parkings is there any legal remedies for stop this extra parkings. Sir I am thinking already every owner have undivided share in the cellar area. so every owner have the right on this. some people are are objecting the extra parkings. but we have space for easy movements for parking. pls give me a better suggestion on the above issue sir.
Dear Sir,
Car parking are allotted by the builder to Apartment owner, I think its mentioned Sale Deed Schedule Part, Please check once, If it is not there builder is not allotted any car parking, you need to approach your builder to allot car park for that you need to have registration separately.
Please feel free to call us, if there is any clarifications
Thanking you,
Nagendra
Advocate
9164001353
Hello,
We are forming an Apartment Owner’s Association for the first time in our complex and I have the following queries:
1) When we take the signatures of all owners, do we need to take any ownership proof or documents? How can we be sure it is the owner who is signing the document and not a tenant or someone else?
2) Is it okay if the owners sign a document stating their agreement to the bye-laws and someone from the nominated committee members goes and submits the registration documents?
3) Where would we need to submit the documents for association registration? We are in Whitefield area in Bangalore.
4) What would the fees for association registration?
5) What is the time taken for registering the association?
6) What is the timeframe by which we have to register our association? Currently, the complex is being maintained by the builder.
7) When registering our purchase, the builder had taken our agreement & signature on a page stating we allow him to form the association on our behalf. What is the meaning of that?
Please help us with our queries, we would like to register our association at the earliest.
Thank you,
Kavita
Dear Ms. Kavitha,
We do registration of the Association, These are the following documents and procedures for the registration of the Association.
1. Minimum Seven Members
2. All seven members Photos
3. Address proof for the same
4. After drafting the Documents all the members should sign
5. Process will take 20 to 25 days to give certificate
6. Name of the President
7. Name of the Treasurer
8. Secretary
Kannada will be in Kannada its compulsory for all, you don’t need to take permission from the builder.
For the fee and other clarifications feel free to call us.
Thanking you,
Regards,
Nagendra AS
Advocate
9164001353
Dear Sir,
I am living in an apartment complex having 20 units. We had a meeting last Sunday, where we all decided to form an Apartment Owners’Association. The objective is to run the day to day activities on maintainence of building. Out of 20 units, around 10 are occupied by owners and 7 are occupied by tennants. I want to know the exact process to form the association. We would prefer to do it by ourselves rather than going through an Advocate or middle man. Is it feasible? Can we have formats to Memorendum, bye-laws and any other docsd which are required.
Also, would like to know the tentaive costs involved for the process.
Thanking you in anticipation
Dear Mr. Rajan Tandon,
You can register by yourself in the registrar office, fees all are in the applications and one more thing All the documents shouid be in Kannada its mandatory, if you go with one lawyer it will be good approach to the Registrar, otherwise you need to face too much difficulties in the office, no body will not encourage you in better way.
Please feel free tocall us, if there is any clarifications,
Thanking you,
Regards
Nagendra AS
Advocate
9164001353
Dear Sir,
We have formed our association recently and I have been elected as the Secretary of the association. We would want a checklist of documents which needs to be collected from the Builder as he is yet to handover the building to us completely.
Appreciate your help.
With Kind Regards,
Naveed Ahmed
Dear Mr. Naveed,
After handing over the maitaianance and all resposibities from the Builder to Association, your association need to collect all the title of the property and other sanctions, approvals from the various aothorities.
Thanking you,
Nagendra AS
Advocate
Dear Sir,
Can you please give us the list of documents which needs to be collected.
Regards,
Naveed Ahmed
Dear Sir,
We were not able to tell exactly, its depend upon the property documents let us have set of documents which you have, then only we are able to tell you the lists.
Thanking you
Nagendra
Dear Sir,
We currently have the following documents
1.Lift Installation report, manuals & other details concerning lift.
2.BWSSB connections payment receipt , & documents related to our buildings BWSSB connection.
3.Genset Documents,Manuals, etc.
4.BESCOM Documents.
Regards,
Naveed Ahmed
We are living in an apartment complex having 580 apartments. The association has been registered under Karnataka Apartment Owners Act since last Six years. All these years the elected body carried out the administration of the Association relatively smoothly. Since last year, the administration of the Association, particularly matters related to Financial matters by the office bearers of the new committee allegedly forming a nexus, have attracted lot of criticism by all the members. During the recent AGM held a week back, the members of the Association took serious objections on the Financial irregularities committed by the Office bearers particularly in the award of high valued contracts (Of value approx. Half crore/annum) on an agency who was earlier declared “a non-Performer” two years back by the same AGM. Further the Internal Auditor had also pointed out this irregularity in his audit report that the Association was unable to produce the offers from other agencies if any, invited prior to finalisation of this contract. When there was shouting & commotion from the members about this issue, the president of the Association & Secretary openly accepted their failure. The AGM thereafter formed a separate Finance Committee to go in to the affair and report the same to the AGM later. The Accounts presented to the AGM was hence not adopted . The Bye Laws of our Association prescribes that every year, one-third of the number of members in the Committee shall automatically retire after his/her tenure of completion of 3 years in the committee & these vacant posts shall be filled up by election. Our Committee has total 18 EC members including the office bearers. Last year because of the irregularities noticed in the affairs of the Assn. some of the EC members objected and even resigned before their tenure period. Such vacancies which had remained vacant for a considerable period was filled up by the office bearers about a 2/4 weeks prior to the AGM meeting, by inducting from their own circle thus strengthening the nexus & allowing only the balance 6 vacancies for election during AGM. The newly elected team thus formed a minority in the EC. As per the bye law the new office bearers would be elected among the 18 EC members. The earlier nexus ,who commanded the majority of 12 vs 6 votes, thus manouvred to bring back the same persons as President and Secretary. All the members of the association feel that the “committers of Fraud’ , again coming back to Power, may result in hindering the process of auditing of the previous year’s account by the newly formed Finance Committee by tampering with all the records. Is their any provision underwhich these persons can be kept away from interference?
We want to register the welfare association. I heard it should be in Kannada. Can any one please upload the byelaws and affidavits in Kannada
i have owned a 1295 sq ft flat but the thing is still it not fully occupied and the association is not formed it is a joint venture between land owner and the builder now the thing is the maintaince is done by the builder only and the thing is he asking for rs 10000 as maintainence fees and tells that he will receipt for that is fair to give the money to him and still we have not transfered the khatha and elexctricity connection to our name please help little confused
Dear Mr. Lokesh,
For the maintiannace charges Developer can collect the amount from the Owners and Khata Transfer and Meter Trasfer is entirely different issues all together, for the khata transfer you need to apply at BBMP office or else you ask your builder for the same to help you. and meter transfer also can be done.
Feel free to call us, if there is any clarification
Thanking you,
Regards,
Nagendra AS
Advocate
9164001353
nag1250@gmail.com
earlier i had mailed you
as the apartment is an joint venture between the land owner and the developer and the flats have almost occupied but the problem is the now is the land owner is not excepting the developer to operate in the building
and the landowner is not giving the flat owners the facilities that is agreed like,he not operating the generator for the lift and common area and he is not opening the terrace door and not willing to park our two wheeler in the parking area totally he is not satisfied
and the association is not formed
is that neccessary to form the association please help
Dear Mr. Lokesh,
Formation of the Association will be the process, intially we need minimum seven members and after the registration of Association, your association ask for the handover of the Maintainance to association legally. then all the problem will be sorted out.
Feel free to call us, if there is any clarifications,
Thanking you,
Regards,
Nagendra AS
Advocate
9164001353
Dear Nagendra, Vishwanath,
Thank you very much for well thought clarifications on so many queries related to apartment/association.
Here is our problem. Few people leaving in top floor are experiencing water leakage from the terrace during rain. They are claiming funds from association to repair it as terrace belongs to common area. There are few thoughts from other residents to pay some percentage of repair charges (only for first two repairs, with certain cap).
I have few questions regarding this.
Does terrace part of common area? If so, is the claim for funds to repair stands correct?
If not, can top floor owner claim the ownership of terrace?
Thanks,
Anil
Dear Mr. Anil,
Common area means which includes Lifts. Lobby, Land Scpae, Park, Club House, Terrace Area and other premises.
Maintainance charges are collecting for the purpose of maintaining above said places and other activities.
If the Terrace Area was sold to the Purchaser it will not be treated as a common area, I dont think Builder sold the terrace area to the Purchaser, if it is not , Association or Maintainance committe as to take neccesary action agianst that.
Feel free to call or send us a mail for more informations,
Thanking you,
Regards,
Nagendra AS
Advocate
9164001353
9164001353
Hello Sir,
Builder was running the apartments maintenance and after 2 years also, he does not given handed over to owners and maintenance was not done but all were giving maintenance to builder.
Then owners had taken over amongst owners and didn’t ask builder about it. We were collecting the money and we ran it for 8 months. In these 8 months,we have changed security and maintenance work. Owners were satisfied with all this. But in these 8 months we were not able to collect maintenance from all and builder use to pay the extra amount.
Now builder is saying that owners have deficit of around some lakhs. And builder is asking us to pay again to him.
Now what should we do because of deficit owners are now divided and some are confused and Owners of houses having 1600 Sqft are not ready to pay 1 Rs per Sqft.
Please let us know what we can do?
Can we form association?
Is there any NOC needed from builder in forming association?
How many owners or % of owners should be with us to form an association?
How much expenses will come to form association?
thanks and regards
Dear Mr. RN,
With regard to Registration of the Association for the purpose of running a Maintainance of the Premises and financial activities and other activities like cultural programs and more important is collecting the charges from the each owner as per their super built up area for that you need to have maintanance agreement saparately with reach owner so that every one will bind with the rules and regulations.
NOC from the builder needed when he was running a maintanance of your premises or if the clause is in Sale Deed.
Procedure and required for the registration of the Association.
1. Minimun seven members
2. ID proof’s of the same
3. Photos
4. Adderess of the Apartment Complex
5. President Name
6. Tressure Name
7. Secretary Name
Feel free to call or send us a mail for more informations,
Thanking you,
Regards,
Nagendra AS
Advocate
9164001353
9164001353