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
Sir,
We are forming an Apartment Owner’s Association for the first time.
I would like to know about law of appartments in Kerala.
Need more information on following :
1. In our case the builder has registered the association. Now the residents and owners are taking over- what is the procedure for the same and what are the key check points
2. How do we open association bank accounts?
regards
Dear Mr. manish Vyas,
We need to see the Bye -Laws and membership procedure in your registered Association, If it is adverse to your present situation you need to have new one.
Feel free to call us if there is any clarifications,
Thanking you,
Regards
Nagendra AS
Advocate
9164001353
Dear Sir
We want to form an association in our apartment under Karnataka Societies registration Act. Most of the flats in our building are unoccupied presently and we dont have the contact address of all apartment owners as the details are not shared by the builder.
We want to give a notice of the meeting where we want to select office bearers and form the association. Please let me know the following:
1. How many days notice needs to be given for the said meeting.
2. If we put up a notice in the building in a common area, will that be sufficient in the eye of law.
Kinldly advise and oblige,
Regards
Shamim
Dear Shamim,
According to Karnataka Societies registration Act. to register an association, there must be minimum 7 members. You can give notice to the owners available in your apartment and form an association. After forming association, you can add more members. If the Registrar is satisfied that all the requirements of this Act and the rules made thereunder have been complied with, he shall retain and register the memorandum of association and rules and regulations, and shall certify under his hand that the society is registered and issue a certificate of registration.
Regards
Rakesh
Can a comitee of an apartment association pass bylaws.. In my view it cannot change the by laws…Only pa resolutions..
Thans/regards
sir, your concept is wrong. the mgt. comm. can be altered / amended the by law at the time of special meeting / general mbody meeting and must intimated to the concerned registering authority.
Hi ,
Further to my earlier query regarding the making & changing by laws, does association commitee have the authority to pass a resolution for keeping pets at home. I have a dog and the commitee not is allowing me to keep it..Is it not a matter of personal right and choice??
Thank you
Warm regards
I have purchased a new flat and a car park ( registered in march 2008 ) Now the building is complete. But I have problem with the car park. The allotted car park is very next to lobby. the builder at the time of registration had not show the second door on the north west corner of lobby which exit throu my car park. There is a main door on north east corner. Now the builder has marked ” no parking ” near and have encroached 4′ X 9.75′ of my car park. which is marked on the registation. how do i claim the said carpark and close the second door. He is yet to hand over the building.
Dear Mr. Aditya,
Let us have your sale deed then we will process on legal matter on builder
Thanking you,
Nagendra AS
Advocate
9164001353
About car parking, let me clarify the doubt.
As per Karnataka Apartment Ownership Rules, 1974, car parking is considered as part of common area and not a private area. At a part of plan sanction, a builder mandatorily has to submit the car parking details to BDA/BBMP. When this gets approved, a builder can only allot a car parking to an owner within the stipulated area as per approved plan(check the drawing with original stamp from Govt. engineer. The drawing must be available to the Association who is supposed to get from the builder).
Thereafter, when an individual car parking area is alloted to an owner, it is only on the basis of understanding, so that residents do not fight with each other. Such allotment does not have any legal stand, as I mentioned, car parking is a part of common area. Though an owner pays for car parking, he does not have exclusive ownership right; but has got only “undivided” share. When “super-built-up area” is calculated, car parking area goes under common area.
Also, there exists BDA law regarding how much minimum area & dimension can be alloted to an individual to an owner. Check BDA bye-laws.
Pl. take up the issue with Association. As per law, there must be 10% free car park for visitors. If association wants, they can allot you another place; again on agreement, which does not have legal stand.
Law is really weak in this regard.
For further details, pl. contact me: debanjan.ray@gmail.com or debanjan.ray@siemens.com ; Mob: +91-98459-04804 ;
Regards,
- Debanjan Ray, Ex-President, Mantri Paradise Apartment Owners’ Association,
Bannerghatta Road, Bangalore-76
A. According to an independent study and understanding, the mandatory requirements of the Apartment Act (the Act), which is applicable to a building comprising independent Units – known as ‘Apartments’, are among others the following: -
1. The land owner(s) and / or Developer(s) (the Seller (s)) (NOT the Purchasers (either jointly or otherwise), are obligated to have, or responsible for having, the Declaration in the prescribed Form ‘A’ executed and registered in the manner laid down in the Act. Such Declaration is, as specified, should be in the prescribed Form ‘A’.
2. The Purchasers of the Apartments (in a building(s)) have to join and, with the required assistance of the Seller, form an Association, named/ styled as -Association of the Apartment Owners, and have such entity (also the adopted Bylaws as per the prescribed Model) registered under the Co-operative Societies Act (NOT under the Societies Registration Act, which, in, terms, lends no scope for having such Association (of the owners of Apartments) registered there under).
3. The Declaration in the separately prescribed Form ‘B’ is intended for the Purchasers, for them to join in / be admitted as ‘members’ of such Association formed and registered as set out in 2 above.
As is known, with regard to the foregoing aspects, there are conflicting and confusing views expressed in legal circles/certain interested quarters. Some such instances may be found in inter alia the articles posted on the connected websites, Be that as it may, those views, to put mildly, do not seem to make any sense, not being reconcilable with what are clearly provided in the Act and the Rules there under.
B. The Apartment Act (the Act) is a special enactment, which governs ‘Apartments’. The Act, and the Rules and Byelaws there under, have the specific objectives of – securing, safeguarding and protecting the lawful rights and interests of the Purchasers. The most crucial of them are as set out in the Preamble to the Act itself.
C. The Act is abundantly clear in that, every builder/seller of apartment(s) is required to strictly comply with the mandatory provisions of the Act. Among them, the two primary requirements, as mentioned herein before, are, -
1. Execution and Registration of THE DECLARATION – (A) BY THE SELLER(S) and (B) IN THE PRESCRIBED FORM ‘A’.
(NOT EITHER BY THE PURCHASER(S), OR IN ANY OTHER FORM, as is wrongly being canvassed/suggested in certain quarters).
2. Formation and Registration of THE ASSOCIATION OF THE OWNERS (the PURCHASERS), (A) UNDER THE NAME AND STYLE OF – ‘…. APARTMENT OWNERS’ ASSOCIATION’, and (B) in the manner specifically laid down in the Act (read with the Rules there under).
To be more precise, requiring its Registration UNDER THE ENACTMENT NAMED – CO-OPERATIVE SOCIETIES ACT.
(NOT UNDER ANY OTHER NAME (SUCH AS,”OWNERS’ WELFARE ASSOCIATION”) OR UNDER ANY OTHER ACT (SUCH AS, SOCIETIES REGISTRATION ACT (which is a separate enactment and has, in terms, no relevance or application for registering an association of Apartment owners as required by the Apartment Act).
3. Bye laws to be framed and adopted as per the Model Bye laws prescribed for the purpose.
Further, they are essentially interlinked and intertwined, -in that, for accomplishing the two Requirements in 2 and 3 above, which is the second step, compliance with the Requirement in 1., being the first step to be taken, is inevitable, rather a MUST.
D. According to the implications of the Act and the Rules there under, as are generally and commonly understood, also as gathered from inter alia the publicized Opinion of noted Experts in the field, strict compliance with the above mentioned and other requirements of the Act is not optional but is obligatory and imperative. So that, the Purchaser becomes entitled to all the valuable interests and rights in his Apartment as its owner in its profound sense/legal meaning, as specially conferred by the Act; further, to effectively enjoy, more so peacefully and amicably, along with his co-purchasers / co-owners.
E. As regards the Deed of Conveyance, there should be incorporated therein all the requisite recitals covering among others the facts/affirmations by the Seller TO THE EFFECT THAT – THE SELLER HAS PROPERLY COMPLIED, OR TAKEN THE REQUISITE STEPS TO COMPLY, with the aforementioned and other legal requirements / formalities. For useful clues and proper guidance, one should refer / go by the recitals in the specimen Form of – “Deed of (Transfer) of Apartment” appended in the KLJ’s published Book on the Act.
Conclusion:
It goes without saying that, because of the peculiar characteristics of the property rights / interests attached by the law to/ in an ‘Apartment’, it is absolutely necessary, rather obligatory on the part of every Purchaser, not only from his own individual stand point, but also from that of the other co-purchasers / co – owners to take utmost care / and caution, and exercise due diligence; also be guided by proper legal advice, if that be called for / or to the extent that is considered prudent and necessary.
vswaminathan
In continuation, more to elaborate:
The characteristics of the property rights / interests attached by the law to an Apartment are, under the scheme of the special enactment, peculiar and entirely different, in comparison with those of any independent and all exclusive house property. In view thereof, it is absolutely necessary, rather obligatory on the part of every Purchaser, not only from his own individual standpoint, but also from that of the other co-purchasers / co -owners, – to take utmost care / and caution, and exercise due diligence; also be guided by proper legal advice, if that be called for / or to the extent that is considered prudent and necessary, – in the matter of purchase of an Apartment; essentially, before going through the most crucial process of having the execution and registration of the Deed of Conveyance done / completed.
The under mentioned aspects and their implications require to be specially noted and duly taken care by everyone of the co-purchasers, who eventually are going to become co-owners as envisaged by the law:
(1) In the nature of things, the execution and registration of the Deed of Conveyance might not take place in the case of all the co-purchasers at one time, but would be gone through at different successive points in time.
(2) One cannot expect an ideally proper or fullest co-ordination and co-operation among the co-purchasers, that too among all of them, with no exception or exclusion whatsoever. In particular, in the initial stages – that is, until after all of them are perforce obliged to congregate and act united in respect of all such matters which entail the common rights and interests of all the co-purchasers / co-owners.
(3) Should any one or more of the requirements / formalities under the law not be taken care by any such co-purchaser in whose case the execution and registration of the Deed of Conveyance happens to take place first, for any reason whatsoever, – that is, anything done or omitted to be done knowingly or otherwise, by that co-purchaser, then – that is bound to have unpleasant / unlawful consequences to, or adversely impact the lawful rights and interests of the other co-purchasers, not only individually – that is, of each one of them, but also collectively – that is, of them all.
Nonetheless, as per the law, its mandates regarding matters requiring strict compliance by the Seller are unmistakably loud and unambiguously clear. The reason / rationale behind is this: It is he, who constructs and sells the Apartments to different persons, – who, to begin with, are mutually strangers. He makes the sales under separate and independent transactions, as concluded by him with each one of them, and at different points of time. Hence, the responsibility to take care of all the legal requirements / formalities entirely rests with him, until such time the purchasers join in the formation and registration of the legal entity namely,– THE OWNERS’ ASSOCIATION, and become its ‘members’; thereby, to effectively become ‘co-owners’ within its special meaning under, and as envisaged by, the law.
vswaminathan
Sir,
our association was formed two years back in Mangalore & is running well. The problem is we elrcted one president & his term comes to end as of today i.e. 30th sept 2009. he has put a letter saying he will call for a general body during the 1st week of Oct to solve all pending issues. My question to you is wether he has to do any business after his term ends. If does not call a meeting what the residents has the power. At present only two office bearers are there & he never bothers to consult the committee members. At this situation wether we the residents have the power to stop payment of Cheques from our Bank till the new team is formed. Please advise us. Thanks in advance. Concerned Resident
Sir,
Further i request you to find for us where to lodge our complaints in Mangalore.If you have the Registrars address please forward to us.Thank you Sir.
Sir,
We have an apartment owners association that is about 6 years old. While handing the Association over to the residents the builder had registered this with the Registrar of Societies. However the Association failed to pay the renewal fee to the Govt for the last 5 years.
Can you please clarify the following?
1. Can we lodge a complaint about the Election procedure violation in our apartment with the Registrar of Societies despite not being registered?
2. Can the Association impose a code of conduct for the Executive Members/Residents by a resolution passed in an Executive Committee (EC) meeting?
Thank You.
Regards,
Vanessa
Dear Vanessa,
If your Apartment Associastion they were not submitted yearlly reports to the Registrar more than three years, there is no legal entity in your association, I would like to advice you peoples go for the new regitration with registrar of Socities for your apartment complex,
Feel free to call us if there is any clarifications,
Regards
Nagendra AS
Advocate
9164001353
Dear Sir,
Thank you very much for your reply. What I understand sir then that we cannot go to the registrar of Socities to lodge a complaint. Clause 19(vacancies) of the bye-law states that “vacancies in the committee of members caused by any reason other than the removal of a committee member by vote of the association shall be filed by committee members and such person so elected shall be a member of committee until a successor is elected at the Annual Meeting of the association”. We have a member who was elected on 28th of sep as Block Rep and again elected as President on 30th. Is this technically correct. Please advice what should the residents do. The association has twisted the bye-law as it does not clearly state the person can hold two posts ie (block Rep/President) at the same time without the first being ratified at the Annual Meeting.
Thanks & Regards
Vanessa
I have in my previous Posts on this website (Link: http://www.commonfloor.com/articles/bangalore-apartment-owners-association-123.html/comment-page-2#comment-1394) set out my views on the subject law in force in Karnataka.
The points made have specific reference to what the law provides with regard to the two essential formalities requiring compliance by any Builder of Apartment Buildings in the State of Karnataka in general, in Bangalore in particular.
Recently, my attention has been drawn to CREDAI- Karnataka’s Code of Ethics & Conduct and pointed out that certain mandate to the Members as laid down in the Code, in terms, seemingly contradicts the correct position under the law.
In paragraph 5 therein, the relevant portion reproduced below, reads:
” 5) MAINTENANCE AND FORMATION OF ASSOCIATION
A Member:
5.1) Shall form the Association of Owners and get the Deed of declaration registered within a reasonable period from the date of completion of construction or from the date of last registration of UDI/Unit and …. ”
The above mandatory rule is not reconcilable at all with what the law clearly provides.
As may be readily seen, even on a plain but straightforward reading and understanding of the relevant sections of the Apartment Act and the Rules there under, the correct position is more than abundantly clear, which is as under:
Execution and Registration of the Deed of Declaration in Form ‘A’ under the Indian Registration Act is the first stage for compliance. Importantly, that has to necessarily precede the second crucial stage namely, – the Execution of the Deed of Conveyance by the Builder, of any one or more of the Units (Apartments) in a building with construction completed.
Thereafter should follow, – the Formation and Registration of the ‘Owners’ Association’ under the Act (read with /under the Co-operative Societies Act).
The mandate under reference above is, to put it rather mildly, and in an inoffensive manner of speaking, tantamount to a reversal of the normal logical order i.e.- PUT THE HORSE BEFORE THE CART.
According to my information, however, the procedure followed as a matter of practice among the Member Builders is not uniform but is varied. So much so, there is an unadulterated chaos and confusion in the matter of compliance with the law, adversely impacting the valuable rights and interests of the purchasing community as conferred by the law.
I am confident that, with a view to doing full justice to its own laudable objectives, more so for saving the purchasers from the currently obtaining disastrous consequences recklessly meted out to them, CREDAI should come out with a suitable modification and clarification of the Code for the Builders to follow at least from now on.
I need not add that, the matter is of such a serious nature that it in all fairness deserves top priority for effective steps being taken on a war footing by CREDAI. This calls for a forceful representation to CREDAI from affected Purchasers of Apartments after obtaining a legal opinion from an expert practicing in this field.
No doubt, the above is one of the several aspects, which hopefully should be duly taken care of in the new regulatory central law in the offing. Nonetheless,even under the existing law the correct position is seemingly clear. It is therefore obligatory on the part of CREDAI to volunteer and come forward with the necessary modification and / or clarification of the existing mandate in its Code; if it considers necessary, after taking legal opinion from its own Advisers.
V.Swaminathan
Sir,
I am the VP of the Residents Association of our block, formed under Karnataka Societies Act. Recently, the General Body fo the Association apporved the proposal of the Eecutive committee for the painting of outer walls of the whole towers on equal sharing of the cost, irrespective of the fact whether the owner owns 2 bed room flat or 3 bed room flat. The cost was worked out and the cost per flat was arrived at at Rs.30 + k and was paid by over 95% of owners of 91 flats. 5 residents have not paid saying that they own 2 bed room flats and the outer area of the flats are smaller than the 3 bed room flats and will pay only the proportionate cost. What are the legal remedies available for the association? Can you kindly advice.
Dear Mr. Govindakrishnan. A,
Law is ineffective unless a fine or punishment is associated with a law. Unfortunately, you cannot do much against those violators. In a special General Body Meeting, you can pass a penalty for the violators. The penalty can denial of certain common services. This can include withdrawal of back up generator ( if you have), cleaning the garbage, or sending courier men at the doorsteps etc. You can not cut off the main electricity or water supply. You can go and fine a complain in the police station before taking such action. The maximum penalty is that to file a case against those violators. But in that case association has to suffer a lot.
Regards,
- Debanjan Ray, ex-President, Mantri Paradise Apartment Owners’ Association, Bannerghatta Road, Arekere, Bangalore-76, email: debanjan.ray@gmail.com, Ph: 98459-04804
MY questions are 1. Is Terrace of a multi-storeyed building common to all flat owners? 2.Onc e the builder sells the terrace as common area, does the builder have any rights to use terrace for putting sign boards or other structures like cell phone towers and exclusively enjoy the rental income from these? How to deal this?
3. Once building possession done, the terrace usage shall be governed by association of flat owners only. not the builder?
4.Is it mandatory for builder to form association and hand over later to elected representatives?
Dear Mr. Suresh,
No. 1 question is difficult to answer, unless you see the approved plan of the building signed by BDA / BBMP officials with proposer stamp. Deed of Declaration is the document where details of common area ( with sq. ft. mentioned) should be described. In many of the apartments in Bangalore, we see that builders sell penthouses, which includes terrace. Ideally this must not be sold.
2) Builder does not have any right to use terrace or any part of the common area or any part of the building, as the law is that no construction is allowed in common area. A case may be filed against the builder.
3) After formation of association, common area is to be governed by the Association, and not by the builder. You can file police complaint and dismantle the sign board and structures (contact with the advertisers).
4) As per “The Karnataka Ownership Flats(Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1972, as soon as minimum number of apartments are sold, builder has to register Deed of Declaration (DoD) within four months from the date on which the minimum number of persons required to form such organizations have taken flats. DoD second part says formation of such association with detailed bye laws. DoD has to be handed over by the builder to the Association.
Regards,
- Debanjan Ray, ex-President, Mantri Paradise Apartment Owners’ Association, Bannerghatta Road, Arekere, Bangalore-76, email: debanjan.ray@gmail.com, Ph: 98459-04804
Dear Sir,
These are will be amicably settled, as per the legal point of view we need to see the Bye-Laws if there is any clause related to this matter and according thier built up area only you need to charge as a maintainace charges.
Regards,
Nagendra AS
Adocate
Hi,
We need legal advice. I bought an apartment (Green horns aptmts)2 years back. The builder charged us Rs 1.5/sqft maintanance for an year as part of the sale agreement and had agreed to transfer the apartment to the association. 1 year back the builder asked us to pay again for an year and on equiry told us that he planned to transfer to the association in 6 months. We did not agree to pay and since then paid him at half the rate for the last 1 year. 3 months back the builder finally alotted the parking slots by painting the car slots but has yet to provide any car parking slots. Now he has come and asked to pay at Rs 1sqft and is not willing to transer to the association. We appointed an auditor and found out that the actual expenses come only to Rs0.4/sqft. We are not willing to pay him and he started threatening us by saying he will disconnect our water, removing the car parking slots etc. What can we do to escape from him. The residents are afraid of him and out of the 36 owners only 10 is willing to fight him. He now has asked the residents to pay arrears of Rs 0.75 for the last 1 year. What can we do??? Does he have the right to disconnect the water??? How can we work this.
Balaji
Hi,
I am looking for a format of FORM “A” which is the format of the deed of declaration to be signed by the builder and the purchaser.
I have received the draft from my builder but not sure if this is the right format in terms of the content.
Satish
Sir,
In an apartment the Deed of declaratiion given to us by the builder iunder the the Karnataka Apartment Ownership Act, 1972, the maintenance was on the basis of square feet. But in our apartment the 3 bhk flats are more than the 2bhk flats, so as the 3bhk owners were in majority, they passed a resolution in one of the early agm’s that the maintenance be done on a equal basis. This amendment was however not registered with the concerned authorities, repeated attempts by the 2bhk owners to get the same resolved have fallen on deaf ears, what can the 2bhk owners do? Can we approach anyone and what is the procedure, secondly could the amount be refunded to the 2bhk owners in case of a successful verdit?
What does the law say on the maintenance charges? is it be be decided on majority or on square feet basis?
Thanks,
Regards,
Sudhin
Is there any drawback in registering the owner’s association under Karnatakia Socities Registration act. Registering the association under the Karnataka Apartment ownership act seems to be cumbersome as it needs POA from all apartment owners, and several of the apartment owners are staying abroad. Will there be any problem in implementing association rules etc among the residents if registered under Karnatakia Socities Registration act. All the apartment owners are paying the monthly maintianence fee and are part of the association.
Thanks
Suresh
Sir,
I need advise on the following. I have a flat in Marathahalli and rentout to PG occupants.
The Building consist of 20 flats. The mait. charges collected 1000/per month. The Association is registered but bylaws are not formed. They are collecting 5oo extra for Maint due to PG Occupation. They are claiming Rs. 50 per day as penalty for delayed payments after 5th. They have also claimed addtional payment for Septic Tank cleaning from me.
With giving any notice they have dis connected the water supply and my tenant refusing payment of rent. I am put into loss. What I should to tackle this legally.
Pl give your advise.
M.S.Viswanathan
Please tell me if some flat owner is not staying in his flat so in this sitution he intrested to be a president. it is possible.
please suggest.
Dear Sir,
Once the flat registered in his name he can also apply for the president roll but he should actively present for all the works
Regards
Nagendra
Sir,
We have a flat association formed and Registered. one of our flat owners has leased his apartment. The tenants living in this apartment have not paid the maintenance for the last 2 years. What actions can the association take? is there a society by law book available for karnataka like its there for Maharastra.
Please suggest.
Hi ,
I have queries related to apartment association . If we register with Karnataka Societies Registration Act , do we need to renew it every year ? What is the procedure for renewal ?
Plz suggest ..
How can I register the apartment customer’s/Consumers association in karnataka
Dear Sir,
you can register under the societies Act,
Feel free to call us, if there is any clarifications,
Regards,
Nagendra AS
Advocate
9164001353
Sir,
We are from Janapriya first avenue – Nelamangala, Recently we formed temporary Association :”janapriya first avenue flat owners association” with 6 Office Bearers which is nominated by all the residence at Janapriya first avenue, as per builder direction, since there is lot of problems at individual flats, some legal issues, due to this we formed a temperory basis, just maintenaning the appartments. Now we want to form this association as per Karnataka flat owners association Act 1972, can you tel me that how to form the associaton as per this act? and where to register the association? what are the documents to be collect from the Builder? if you can co operate to us for formation this association as per norms of “Karnataka flat owners associaotion Act 1972″
I have purchased a flat in Bhanshakari 18 months back. Builder promised to provide a car parking, generator and other facilities. Till now he has not completed the task. He has also not formed teh Association. He collects 500/- everymonth for maintainance. The main problem is now all the apartment is full and there is a problem for Car parking, if we go late to home then no place to park need to park outside. how can we get this issue resolved. If we form a association will this help
Dear Guru,
As of your sale deed there should be one car park and your paid stamp duty also i believe, if this is case individually can sue against the Builder for the same, If you peoples need to have a legal entity better riegister the Association ASAP,
Feel free to call us, if there is any clarifications,
Regards
Nagendra AS
Advocate
9164001353
nag1250@gmail.com
I am looking for purchasing a flat in Trivandrum. The flats are being built in 5 different buildings on a land of 550 cents. However the sales deed is providing undivided share on only 23 cents of land on which the super builtup of one building is made. The development agreements says that the remaining land where the roads and common amentities are being built will be transferred to the owners association later. Is this a normal arrangement? What the flat owners can do if the land owner does not transfer the common land to the owners association? If the flats are sold by a flat owner, how the buyer can ensure that the access to teh common roads and amenties are also available to the purchaser as his sales deed does not talk aby thing about this?
Can you form association with out occupation certificate ? if no what is the solution
Regards,
Haresh
we have formed association what are the legal docs for taking handover from builder
1. Our building complex in Belgaum consists of two apartment buildings and four independent bungalows. Trust we can form one association for all the residents put together, including the bungalow owners. Pl confirm.
2. In Oct 2008, we formed a managing committee in an informal way. For the past one year, the builder has paid for the maintenance of the complex. No formal association has been formed yet and registered. The builder now says for Oct & NOv 2009 (after expiry of one year), the expenses are higher than the 12% interest on the total maintenance deposits and hence, we – the owners – have to pay the difference in amount. Our queries are:
a) Whose primary responsibility is it to form and register the association – the builder or the owners?
b) If it is the builder, then can he claim maintenance charges from the owners till the association is formed – in other words, is it not his responsibility to maintain till the association is formed and registered and the deposit amount is transferred to the association?
Sir
Our apartment in Hyderabad has no Registered Association.
Each apartment has 5 points (light and fan) connected to the generator but many have illegally connected 9 points.What action can be taken against them as the monthly maintenance charged is the same for all apartments .
Thanks
BRR
At the basement, immeadiately after the generator and before the point from where the distribution takes place you have to fix a MCB box containing MINI CIRCUIT BREAKERS one for each flat with a specific capacity like 2 amps or 4 amps or 6 amps as the case may be and keep the box locked. When more current is used in the flat the MCB automatically trips and the person of the flat has to come down to reset the MCB. When the tripping takes place two or three times then each flat occupant will automatically limits his use to that of the quota given or permitted. regards BAYYA BABAI
Sir,
I’m the secretry of our association..i have some problem for likage of building due to the top floor bath room likage water the bottom walls are getting damaged….if the top floor owner is not repairing dis likage of water…..what type of action should be taken???
If that owner is not accepting the association rules….can association members can cut electricity…..n also stop drinking water???
Plz reply.
Association member can not cut electricity supply or stop water supply. If Association does such thing, then affected resident can go to Police station to file a criminal complaint against Association President. If the resident pays electricity bill, then he must get the power. However, Association can stop the generator (if exists) supply to the apartment.
Similarly, if resident pays the maintenance fee, water supply can not be stopped. Water is a basic necessity of survival. This service can not be stopped.
The only punishment you can impose is to deprive some other facilities e.g. usage of lift, garbage removal etc.
- Debanjan Ray
debanjan.ray@gmail.com ; M:98459-04804
hi, in our apartment complex, we have apartment in different sizes, like 775,900,1000,1800 sqft, we are planning to paint the apartment complex. how do we charge? should we charge a flat fee or should we calculate based on sqft, at present we are charging maintenance cost on sqft basis, i need your help, rgds
lakshmi
It has to be on a sq. feet basis. There must not be any doubt on this.
Yes. Somethings are based on Sq. Foot as Prakash mentioned.
But Painting of the Gym, Swimming pool etc should be a flat fee. Everything cannot be a function of square footage. That is plainly wrong.
Another option is, if you have 1,2 and 3 bedroom flats, charge a flat fee per number of bedrooms.
IMO, Painting is not as expensive as maintaining lifts and maintaining gym + swimming pool + security fees. So it may not hurt making everything a function of sq footage.
Dear Sir
I have a question which can be discussed from legal and common sense perspective. I wanted to know if RWA can restrict tenant of same apartment for participating in common functions, using common facility e.g parking, fitness club, pool etc (in case tenant regularly paying the maintenance fee). Or RWA can restrict any particular group of community for racial or any other reason with majority of voting. Please share your views and also let me know in case anyone aware of any such law which restrict RWA also
Sharma
Many cases has been found recently in Mumbai for restricting certain community and people who are non-marathi (specially from bihar and up) are restricted to use common facility in a apartment. This now also been seen in one of the apartment in NCR which i believe quite alarming. Awaiting response
[...] Apartment owners association [...]
Hi,
I have bought a flat in Apartment. We are going to form the association in our apartment.
The land owner has a 40% share in the flat. So he is demanding to be the president.
He behavior is always rude. So nobody dares to object him.
He is still telling that the land is his property. But as per the rule all the flat owner has a undivided share in the land too.
He has constructed two shops and one flat on the top floor illegally.
Initially they told that the top floor is going to be the Gym, Now they are saying that that is for their personal use.
Please advise
Raj
Dear Mr Raj
We too have same kind of problem.Builder & Land owner had more than 50% flats & taken over association Now most of the owners are NRIS.We who are staying have hell of a problems,Generator broke down 3 weeks back & not repaitring & asking us money to repair & he is not listening.Even though builder sold most of flats still he is the president & his cousin is the treasurer & misusing the funds.Association validity over in Nov 2009 & called for elections We are not able to do anything due to lack of support.Is anyone help us to come out of this mess!
As per Karnataka Apartment Ownership Rules, first there would be elected members of the Association. Then members of the Association would vote internally ( NOT a General Body Meeting for electing President, Secretary etc.) who would hold what position.
If 40% of the flats are held by land owner, he would be only eligible to elect Committee members. Suppose there are 100 flats. So, the owner shall have 40 votes. If there are 10 committee members, then owner can vote to elect 10 members; that’s all. Election of President is in the hands elected members.
Ask for the Deed of Declaration document and the sanctioned plan from the builder. As per Karnataka Apartment Promoters’ Act, builder must hand over these documents to Association. If the builder refuses to give, you can go to BBMP / BDA office to get the copy of the approved plan. If you find deviation, you can inform by writing to BBMP Engineer, and get one acknowledgement.
Debanjan Ray; M:98459-04804
Dear Sir, We live in an apartment where 18 families are occupied. One gentleman doesn’t follow the minutes of the meeting since 6 years. He is wasting water, abuses association property, disturbs the peace of mind of the other occupants, never pays any dues including AMC. several times we warned him through letters with copy to the nearby police station. He pretends politely with the police and continues his mischief regularly. What action can be taken against this trouble shooter in the interest of the other seventeen families? Kindly answer.
1. Ours is a 120 apartment residential complex. We own 3 flats in our family. All 3 of us were members of managing committee of 14. Due to differences on some issue rest of the members ganged up and passed a note in the hurriedly called AGM that henceforth only 1 member from blood relations can be part of the committee and if the rule is not passed all of them will resign. AGM meekly agreed to the blackmail as none other was getting affected. Does it not infringe upon the rights of owner to be committe member ? What action can be taken by us ?
If a managing committe passes a rule restricting the children to play in the open common area and specifies time of play. If some members donot agree with restriction what action can be taken.
Dear sir,
recently ,I took charge of the association,we formed association in2003 In the minutes of meeting during that time decided to go ahead with Rs10000/- corpus fund.However out of 20 flats one flat is still pending .Flat owner is not staying here .he has given for rent and the rent will be collected by his brother ,who is having another flat in our apartment.whenever we ask this gentle man ,he says to contact his brother(but not giving the details of whereabouts etc).how to go about this
Sir,
Resently I registered my apartment in Bangalore. I have purchased it on the 14th floor. As per the agreement the terrace above me is part of the apartment and there is an internal spiral staircase going from the apartment to the terrace .The builder has charged for it. But during registration it is not mentioned. Will this be a problem later.
I am also planing to convert it to a terrace garden. As per law can I convert the terrace.
What should I do.
did you get a response to this ?
Dear Sir,
I own 2 flats in kovai one is in my name & the other i am the power of attorney. the secretary allowed certain privileges since both flats were connected together & one family is residing under same roof. Our association is a registered one. As per by law, only one of the family member need to be a member and because of that i was enjoying such exemption. Recently, the by law was amended ie each flat owner/tenants need to be paid the membership, subscription & any other respective additional heads as per the amended by law. As a result of this i am being asked to pay membership, subscritpion and legal fee for both. Kindly let me know whether i can hold the old status.
reply requested.
dear sir,
We live in an apartment where 13 families are occupied and 3 are vacant . One i have bought a flat in 2009 in nagadevanahalli and 1 my cousin on the same floor, now recently we have formed a association where we have elected the land owner as president and 1 person in the flat as seceratry and my cousin as treasurer, but the builders have not still transfered the apartment to the association, as of there was no problem
but after the formation of the association the land owner (president) is objecting for everything like we are blocked from going to the terrace, and my flat and my cousin flat are on the same floor and its opposite to the door and the common area like the passage ends near my flat door and we want to put a collapse gate in front of our common area for security reasons as nobody will walk or pass through the common area how far will that be legal because
the land owner is objecting and says it is against the law of the association and the land owner has constructed garden in the car parking area and in the terrace and he is wasting water and claming the water charges in the monthly expenses on us in this please tell what to do because we are really fedup
he only thinks he is owner of the apartment even after selling the flats to others and want to act like hitler
please help us i am looking forward to your reply
I am an owner-member of our Apartment Owner’s Welfare Association which registered under Registrar of Socites, Karnataka. During the AGM in 2007 it was decided to enhance the maintenance charges to Rs.2000( Maintenance Rs.1600,Sinking Fund Rs.100.00 and Rs.300.00 as “building fund”) and all except five members were paying regularly.The five members claimed that their apartment is smaller than others (there are 18 such flats) and successive Management Committes did not take any action till now. We could accumulate only about Rs.8 lakhs so far, but then suddenly a special general body meeting was called and asked the members to pay up the balance required amout about Rs.18.5 lakhs in two installments before 15-03-2010.The construction of the building was very poor and every monsoon water seeped in through windows , walls, and at times due to bad plumbing. The association had contacted most of the 72 apartments ( some owners live abroad) and took up water proofing, crack filling before exterior and common area painting.
Though I paid up the full amount on a condition that the office bearers disclose the “scope of work” so that we know what is included in the “long term maintenance” for which we paid close to Rs.30,000. The Secretary refused to answer those specific 22 questions and I stopped the down payment by “stop payment’ of my cheque. In the meanwhile the painting contract was awarded to a contractor who claims that he is an authorised applicator for ICI paints.
Being an engineer I was astonished to see no preparation of external or internal area was done before water proofing (Fosroc) or crack filling (Dr.Fix it). The contractor had issued a notice to all members not to speak to the painters or their supervisors. Then one afternoon I found a truck load of paint “Dulux Satin Finish white base” in 20 lit can manufactured in 2007 was being unloaded. When I pointed it out to the Estate Manager and Head of Security, they said they have instructions from the Secretary to accept them. I also noticed the MRP was Rs. 3199.20 for 2007 manufactured paint and Rs.4754.00 for Jan 2010 manufactured paint. A clean Rs.1555.00 per can saving for the contractor. You don’t need to be a mathematician to calculate the quantity required for almost TWO Lakh sq feet area and the saving the contractor will make and dumping the old stock. I contacted ICI New Delhi and ICI UK asking them to inform me the “shelf life” of these paints. While I have been advised by the Customer Service Engineer from UK with in 6 hours saying that the paint must have changed its form “as cottage cheese” ICI in India is yet to reply me even after 47 days. The painting is in progress except my apartment. I also understand that the Rs.18.5 lakh contract have been subcontracted to another “road side contractor” for 16.00 lakhs who in turn sub contracted to another street vendor to Rs.14.5 lakhs. One of the Managing Committee Member availed the services of this contractor to paint his own house on top priority and left for US to be with his children. Today I came to know he was the designated “supervisor” from Managing Committee to supervise the paint job.
I suspect corruption, fraud, and misuse of common funds. Can I go to the Registrar of Socities with a compalint or should I proceed through the long winding judicial way. The exterior of common area of all apartments have been done except mine. I told them I will engage a separate contractor to do the water proofing, crack filling, and painting matching the decor, color, and asthetics at my own cost. But the Managing Committee does not agree.
I am 67 years old, and a heart patient ( two heart surgeries)and I approached “Elders Helpline” who conducted an enquiry at our complex today to find a solution to the dispute. Though the bye-law clearly state that if there is a dispute between a member and the Managing Committee, they should constitute an ” enquiry committee” to go in to details and give a ruling which is binding on both parties. The current MC although their tenor is over on 31-3-2010 still have not done that.
I seek your advise, Should I close my eyes to the corrupt practices of the MC? Should I waste my hard earned money to fill the pockets of frauds who call themselves representatives of ICI ( once known as Imeprial Chemical Industries, now sold out to AkzaNobel). There is more paint in the polyethelyn sheets than on the walls, the cob webs were painted over, and there is more dirt in the complex before we began the “face lift”
I hope the Indian Judicial System is still alive.
Jai Hind
Dear All,
We have a small apt complex of 24 with 4 floors in marthahalli. 4 are yet to be sold. Need the following advise from your folks.
1. What type of association is the most powerful and easy to maintain going forward?
2. The builder has built a 5th floor and rented it out for PG acco and this was not told to us when the apt was sold. So all the plans attached in our sale agreement shows 4 floors only. What can we do?
3. Even though each floor is 9100 sq.ft, the builder is only paying 3000 sq.ft worth of maintenance charges for the unauthorized 5th floor he has built.
4. What kind of penalties can we force thru’ the association bylaws for those who do not pay maintenance? pls tell me something which work well !!
5. we are few apts so not many are willing take up the president secretary posts, so what do we do? do we have to hire some one or is there a smarter solution?
6. finally all apartments must pay the maintenance as per the ‘super built up area’ or ‘carpet area’ or ‘based on 2bhk, 3bhk’ etc?
7. for how many years will the builder be responsible for construction defects? 1 year, 2 years ???
Looking forward to hear from you folks
Thanks,
Dustin.
Dear Dustin,
If there is any PG acco is there you can complain to the society, if the society is not registered first all you need to go for the registration of the Association under Karnataka State Societies Act.
Builder is responsible for the default normally 1 year
Regards
Nagendra AS
Advocate
Dear Sir,
I brought a flat in bangalore in 2000. As I been abroad last year I let my apartment for rent. now the association claims i need to pay 5000 since the watchmen was used to show the apartment. the tenants use the lifts to carry there stuff. so the association decided that they charge 5000 since it was given to rent.
Should I need to pay 5000 to the association. is it valid can anyone answer my question.
Thanks,
Ajish S.
Sir,
I want to know what is the legal position of an RWA when one or two members refuse to pay their quarterly maintenance dues? Can we cut their water and electricity supply as a proactive punitive action? Does not a recent Supreme Court ruling allow Registered RWAs to use this tactic to force members of an Association to pay?
Can some legal brain throw some light on this please?
Thanks,
Chari
Mr Chari, I have the same questions in mind. I would love to how you resolved this issue.
Thank you,
Siddharth
Need clarifications.
I own a flat in Sarjapura Road in an apartment complex with about 190 flats. The flat sizes vary disproportionately from 1200 sq feet to 1800 sq feet. There are fewer larger flats and more smaller flats. There are 2 and 3 bedroom flats. The complex boasts of a swimming pool, gym and a central hall for social activities.
My flat is the 3rd largest flat in the complex. The problem I am have is that the charges levyed by the association are incorrect.
Gym, Pool, Central Hall, Lift and Security have all been made a function of sq. footage. So Someone with 3 bed whose area is 1495 pays Rs. 700 less than me for basically the same amenities.
The Association refuses to differentiate between fixed costs that all flat owners must bare and functional costs like water, Electricity, common area, Maintenance+handyman fees etc.
Instead of the costs being a total function of sq footage( y = mx ) I have been proposing (y = m`x + c ). This way even if the smaller flats pay Rs. 25 month, the larger flats will pay Rs. 100 per month. Currently the differential between the largest and smallest flat is in excess of Rs. 20,000.00 per year.
The association took decision by voting. Now there is no way I can counter it.
Consider this:
If India, a Hindu majority country would treat non Hindus as secondary citizens just because the majority feels so, would this be right? India is not just a country of “democracy by majority”. India is a republic i.e has “Judicial democracy” and hence Minorities are protected by law.
Unfortunately, association formations have inadequate laws to stop this bias.
Looking for suggestions and comments.
HI, we have registered a residential society as per A.P.Societies Registration act but we have lost the registration certificate. please lets us know how can we get the duplicate copy of the same..
thameem
hyderabad
[...] How to register Apartment Owners Association Methods to Calculate Maintenance in Apartments [...]
Can the association be formed during the construction phase of the apartment complex? Or should it be formed only after the construction and hand-over of the apartments are completeed by the builder?
Our apartment project has been delayed by the builder by over a year, and we feel if the owners get together and elect a Managing Committee, the MC members can represent all owners in discussions with the builder on a host of issues that are beginning to crop up with the builder.
Hi,
Can the apartment association have a bye-law made restricting the flats to bachelors or spinsters? Will sucha bye-law, if framed, be not against the fundamental rights of an individual?
Savera
Dear Savera,
If the owner giving the flat to rent to the bachelors or any others leave, you cannot stop but you can ask them to follow the rules and regulations of your bye- laws, if violated then you can take proper action against the same or owner of the flat.
Regards
Nagendra AS
Advocate
Dear Nagendra Sir,
Did you mean that an apartment association can indeed form such a bye law restricting owners to let out their flats to bachelors?
Kindly clarify.
Regards,
Savera
In Bangalore, is there any govt regulation (from BBMP, BDA, etc) to have 10% of car parking space inside the Apartment complex be reserved for visitors parking?
I recall reading an article released in this regards in the newspaper in 2009.
If YES, then can someone provide the details or guide the URL for the same?