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
Dear Madam/Sir,
I am owning an apartment and the Owners association is not registered.
I would like to know the following:
The builder has constructed one house in the car parking area / basement. All these years it was not rented and thus it was used for Association gathering. Now he has rented it out. Is it allowed to do it.
The builder has constructed 2 Pent houses, where he is residing and he is not allowing the owners of the apartment to go on to the roof top. Is this correct and can it be opposed.
As the basement is occupied and the builder is not allowed to go on to top we are finding difficult.
What could be the solution.
Thanking you,
Take the Original building plan and approach BBMP… File a online complain too.. Those illegal things will be demolished.
According to the Karnataka Apt.Ownership Act, 1972, the voting rights are variable. We have in our Apt. Association made it one vote per apartment. This was passed in one of our AGMs. The resolution so passed is logical but a couple of Members say it is illegal. Is that so?
I shall be obliged for clarifications in the matter.
A. Subramanian (sachusubbu35@gmail.com)
Pl. see Cl.8 (c) of the prescribed Form A Declaration which states “The proportionate representation for voting purpose provided in (a) and (b) hereof may be limited in accordance with the provisions of the bye-laws attached hereto, as Exhibit.
Therefore, if your Bye Law says “One Vote per One Apt” it is quote legal.
Very funny. I have to reply my own query after three months!!
I have a purchased a flat in Bangalore from the owner’s share in June 2010. The flat was vacant for the last one year. Now the flat association is demanding that I pay the arrears of Rs 1000 per month for twelve months since the owner has refused to pay. What is your suggestion?
Hi,
How can we register an residents assiciation in chennai. Where i can find the information on net and please have some sample for the bye lows and alll.
shine
I your blog – excellent work!
I have a purchased a flat in Bangalore from the owner’s share in June 2010. The flat was vacant for the last one year. Now the flat association is demanding that I pay the arrears of Rs 1000 per month for twelve months since the owner has refused to pay. What is your suggestion?
Dear Sir/ Madam,
I want to register bye laws of one apartment. I have drafted the same in view of Apartment ownership act 1972. When I approached registrar of societies for registration, in their office they have clearly rejected the bye laws as they will not register the bye laws drafted under 1972 act. Its only 1960 act will be registered there. I am confused where should I approach for registration if the bye law is prepared in view of 1972 act. Kindly suggest.
Hi,
Please give the detail/process of ANNUAL GENERAL BODY meeting under karnataka socieities registration act 1960.
regards,
Siddu
Hi Siddupms,
GBM will done as per your bye – law if it is not mentioned, you need to mention the same
Thanks
Nagendra AS
Dear sir/madam,
plz to be note that we r staying in the 100 site layout, plz let us know which act will cover ?? and let us know the best book / website to take the act details??? r we comes under Apartment ownership act 1972 ??? or other act ??
expecting u r immeiate reply
With Regards
Ganesh
Hi Ganesh,
Now a days in Bangalore Association is registered under Karnataka State Societies Act, you can follow on that for your association registration
Thanks,
Nagendra AS
Hi,
Would it be possible for you to give some information about the association:-
1) Would the liability of the builder (ie pending work that the builder has to complete) will be transfered to the association once an association is formed.
2) Once an association is formed would the Association Act support us to get the pending work from the builder.
3) Would Khata be required to form an association
Probably some overview of legal implication of forming the association in our Apt.
Hi Prashanth,
1) Would the liability of the builder (ie pending work that the builder has to complete) will be transfered to the association once an association is formed.
Builder liabelity complete all the works in he Apartment has agreed between buyers, Association can maintain the same but completing works is done by the association
2) Once an association is formed would the Association Act support us to get the pending work from the builder.
Association demand for the completion of the work
3) Would Khata be required to form an association
Katha is not required to register the Association
Thanks
Nagendra AS
Hi,
I am owning an apartment and the Owners association is not registered.
Would it be possible for you to give some information about the association:-
(1) The builder has constructed 4 pent houses and he has sold them (its not informed to Akrahama/Sakrama). So including these it would be 36 flats, can the Bye laws still be registered under 1960 Act ????
(2) Is it not necessary to get the signature of all the Owners (36 flats) for registering the Bye laws ????
Thanks.
it can be register as per society act 1969, and cannot be registered as per Karnataka flat owners association Act 1972, and flat owners association must regustered as per “Karnataka flat owners association Act 1972″ only to safeguard u r property.
Hi,
Further to the above, I do have few more queries.
,
Our Apartment has been registered under Society Act now by the Builder’s lawyer who is one of the owner of the 4 pent houses (without sanction plan).
Earlier they had promised to register the Deed Of Declaration (DOD) but its been registered under Society Act now but without our authentication even though we been one of the executive member.
Since its not been registered as per “Karnataka flat owners association Act 1972″ in order to safeguard our Interest in the property, We have NOT been paying the montly maintenance charges (Rs750) as we had demanded to get the same done.
Further we had asked them to open an Bank Account under “Karnataka flat owners association Act 1972″ with the DOD been registered and submitted to the Bank for opening the Account.
Since they have not followed this, we are not ready to pay the Maintenance charges.
Please advise us on how to proceed in such circumstances.
Thanks,
Malathi
I recently just bought a flat in Bangalore also. Wanting to get some information on the home owners association too. Only if they made an association for inside the apartments. What was supposed to be a fully furnished flat turned out to be a nightmare. Not one single piece of apartment furniture…talk about being ticked off. Well anyways, trying to make sure I have all the info I can get on the current home owners association before I move in.
I am an owner of an apartment in an apartment complex that has 72 apartments. We are in the process of registering a Society under the Karnataka Apartment Owners Act, 1972. It seems to me it is a very complicated process and, as per my observations, our lawyer, too, seems to be out of his depth. I do not know if he has the requisite bandwith to complete the project successfully.
My question is: What is the benefit of registering a Society under the Karnataka Apartment Owners Act as opposed to Registration of Societies Act?
Vikram
Hi Vikram,
I am in a similar dilemma as yours. The residents of our apartment are confused regarding the apartment act of 1972. Have you found a resolution to your problem…If yes, kindly mail me on satsubscr@gmail.com
Please pass me the number of your lawyer as well…
Regards,
-Sathish
Hi,
I had bought an apartment in 2005 in an apartment complex in Bangalore which has around 400 apartments. I moved to US in 2006 and have been residing in US since then. I got possession of my apartment (i.e. got the apartment keys from the builder only to do woodwork/install electrical fixtures )in March 2010 however, I am yet to get my apartment registered as I am in US. Lot of the other owners got possession/registration of their apartments done around 2 years back and have been living in the complex since then. These residents have formed an Owners association and have been collecting money from owners for becoming member of the association and also an annual charge for association expenses.
I have been asked by the Association to pay the above charges even though I clarified that my apartment is still unregistered. As per the Association, since I have the possession of the apartment it makes me the owner hence liable to pay these charges.
I would like to know the following -
1) Since my apartment is unregistered, am I liable to pay the above charges (membership fee & association annual charges) to the Association ?
2) Apart from the above mentioned charges, the Association is also planning to collect monthly Maintenance charges from all residents from Jan 2011 onwards.
*** Am I liable to pay the monthly maintenance charge if my apartment is unregistered ?
*** If my apartment is registered, but there is no one staying in the apartment (as I am in US and I have no intention of renting it out) then am I liable to pay the monthly maintenance charges ?
Also, I would like to point out that as per my knowledge, my apartment might be the only apartment which is still unregistered.
Thanks,
Nids
Hi Nids,
Did you get any legal answer to your question. I am also in same situation and want to know if I am liable to pay all maintenance charges if the flat is unoccupied for long term.
Looking at scarcity of water in Bangalore, I am afraid we will need to pay heavy amount in summers fpr water tankers(which of course, we are not using at all)
Hi
Did you recive any reply on the subject?
Do we have any lawyer information, who helps in registering apartment association.
thanks & regards,
Parveen Gupta
Dear Mr. Parveen,
We can help you to register the Association, you need any sevice mail me @ nag1250@gmail.com
Thanks
Nagendra AS
Advocate
Apartment Owners Welfare Association can be registered Under the Act of 1960 i.e Karanataka Societies Act. Documents Required as follows:
=======================================================
PLEASE NOTE ALL THE DOCUMENTS SHOULD BE IN KANNADA.
=======================================================
1. Bye Laws ( All the rules should be clearly serialled 1 … 20 )
2. Memorandum of Association
3. Minimum of 7 Members ( Governing Board). Other Owners will become members later.
4. Minutes of Meeting of Election of Governing Board and clearly mention the Authority ( Chairman / President / Secretary).
5. Photo’s of 7 Members along with Sl.No Photo Name Address, Profession Age post and signature.
6. Sign the Same with 2 Witnesses.
7. Submit these to the Registrar of Societies at Aliaskar Road, Near Police commissioner Office Bangalore.
8. Fee Rs 1000/-
After 1-2 Weeks you will get the Certificate of Registration and Copy of Bye-Laws attested by the Registrar of Societies.
Next : Apply for Pan Card.
1) go to https://tin.tin.nsdl.com/pan/newpan.html
2) Apply online form of the PAN application with the President as the Registred Address or Contact Person
3) Association is considered as Association of Persons.
4) Pay the Fee of Rs 90/- with Debit/Credit card
5) Take the Aknowledgment copy, sign and along send the Registration Certificate copy with the Address proof of the Persident
6) in 2 Weeks you will get the PAN .
Next Steps:
=======
1. Open a Current Account in your Area ( Preferable Govt. of India Undertaking Banks)
2. File your association IT Returns every Year without fail, take help of any Chartered Accoutants for the SAME.
3. File your Account Balance Statements to the Registrar of Societies. i.e Yearly Report.
Thanks
M M Nayak.
Hi Mayank,
Good info it was.. I need teh procedure to register the newly elected members of teh Association. Our Association is registered and bye laws also approved. Now after an year the new MC members are taking charge…How do we regsiter / intimate these updates to the Registrar of Societies..
regards,
JP
I wish to thank you for the detailed steps listed out in forming an asociation and its subsequent obligations. What are the benefits of Registering the Association ? We are a 8 year old association managing the day to day maintenence of a apartment of 38 flats. Majority of associations in our neighbourhood have not registered. To offset the increase in work as well as expenditure due to registeration, what are the tangible and intangible benifits of registering. ? If this could be detailed it would much appreciated.
How do you charge the Maintenance Fee : ( For Apartment Complex Less then 25 Flats)
For a Association there are 4 Major Expenses :
1) Common Electricity Bill
2) Security
3) BoreWell Water Supply & BWSSB Water Bill.
4) Backup Generator Diesel Expenses
5) Housekeeping
6) Maintenance of Water Pumps ,Lifts , utililties etc.
========================================
1) On an Average to my experience the Common Electricity Bill for a 24 Apartment Complex comes to around 7000 – 10000 Rs.
2) Security ( Depends on Agencies. A well knows Agency for 2 Security Gaurds i.e one in the Morning and one for the Night would cose 16000/- Rs . You can still get them starting from 8000 Rs. Depends on your choice)
3) Borewell Water Pumps are big porblems, in Bangalore the Water too Hard and the Borewell Pumps do not last for more than 5 Years , the Metals start to corrode etc. Pumps cost from 12000 to 25000 Rs depends on your usage.
4) House keeping costs from 2000 Rs to 3000 Rs you can get this done by the security by paying him say 1000 rs Depends again.
5) Backup Diesel roughly depends on usage normally average usage would be 1500 Rs/-
In the End of the Month on an Average the Association would have spent a Taking the Lower Price : 17 – 18000 Rs.
So in Such cases the Apartment Maintenance fee could be set to as
1) Rs1000/- per flat (BEST)
or
set to Rs 1 per Square feet
or
divided by no.of People staying (This is Not a Realistic)
2) During the course of time if u have a bigger cost to spend then divide by no.of apartments.
This above mentioned is my experience on what i faced.
Thanks
My two sons own each one site adjacent to each other in bangalore. Both sites are of same size.The builder agrees to build three flats on each site (total six flats). The builder can give one flat in one site and two flats in the other site. My sons want all three sites in one site. How is this possible. Please clarify. thanks
Dear Mr. Kishan,
Here all three need to enter into an JDA, based on the JDA all three need to enter into an sharing agreement and in the sharing agreement it should clearly mention about the Flats
Thanks
Nagendra AS
Advocate
I strongly disagree to the wrong statement that the disadvantage to register under the Karnataka Apt. Ownership Act, 1972 “it is often difficult to gather all the owners of the Apartments” etc., and (the owners have to) “give power of attorney to the builder”
Form A Declaration under the Act registered by the Builder alongwith the Bye Laws, building plans, proportionate common areas/facilities are fully binding on the Apt.Owners. Their presence/signature not required.
If the builder refuses to sign the Form A Declaration, the recourse for the owners to the sign individual form B for which only their presence and individual signature in the Form B declaration is required
we have a flat in banergatta road, Bangalore .
Its a 1475 sq ft flat. and currently we are paying a maintance fees of Rs 1800 per month and a corpus fund of 12000(one time payment) .
And now the apartment is planning to increase the maintance fees from Rs 1800 to Rs 2350 per month.
we feel that the fees is more and it is costing a pinch for us ..
so our question is whether is this the market rate or not? who would the right person to check with the market prices for apartments .(apart from the association)
There is no right or wrong charge for the maintenance fee or a standard market rate. It depends upon the infrastructure and cost of maintaining the infrastructure. You can question Association how and why the charge is increased and what are the details of the calculations. Association is bound to show all the details.
Thanks,
Debanjan Ray,
Mantri Paradise, Arekere, Bannerghatta Road
Hi,
I stay in a rented flat in Bangalore and sometimes I face issues like my telephone wire being disconnected at the basement or leakage in the flats. When ever I approach the association they tell me to get hold of an electrician to get the telephone wire fixed or contact your flat owner for the leakage.
My question is the association needs to take some responsibility towards fixing the issues. They take 2000 as maintenance charges every month but dont take responsibility of anything. The least they can do is call the electrician for repair of my telephone and ask me to bear the charges and for leakage atleast co-ordinate with the flat owner who stays above my flat and ask him to fix his flooring.
If I have to go find an electrician myself for fixing my telephone line and I need to talk to the flat owner living above my house to fix the leakage then what is the role and responsibilities of the apartment owners association? Is there any law in place so that I can hold the association accountable for something for all the money they collect promptly every month.
Please help.
Regards,
Sunil
The association should tell you what they are charging Rs 2000 for. If they are using that amount only for providng water, backup electricity, and other maintenance activities for common areas then it is your responsibility to take care of personal or stuff related to your flat alone. If the amount collected also includes facilitating maintenance staff for personal or individual flat works then you can request the association do the work.
Dear Mr. Sunil,
Sorry to hear your state of affairs. The apartment association collects charges only for the general upkeep and maintenance of common areas. Anything that happens within your rented flat does not have any bearing on the association. It is right on the part of the association to ask you to get an electrician yourself. If the problem persists, then you can ask your owner to speak to the association on your behalf since your owner has one vote in the association.
For leakages, you need to speak to your neighbour who stays above your flat to get it fixed and if he ignores your pleas’ then you can complain to your owner and stop paying the rent to your owner since it is his duty to get that fixed.
Regards,
Sriram
We have a major problem with a commercially run canteen with no license in our apartment complex. Its unhygienic and we have rat infestations, excessive and random dumping of garbage. My question is — Is it illegal to run a commercial establishment in apartment complex?
we booked for a flat in niranjan maxima at the launch, but he cancelled our booking without informing us, obviously to make money now after the increase in price due to construction being started. we have taken a loan, spent a lot of money on legal fee, etc do you have any suggestions?
Hi,
Could anybody help me out. I need the detailed document for andhra pradesh apartment act 1987 for one of my projects. Any help would be appreciated. I have tried searching but haven’t got anything.
Thanks in anticipation.
Dear Sir,
I own a flat in bangalore since 3 yrs
I have yet started to stay in teh flat or yet rented it.
DO I STILL NEED TO PAY THE MAINTENANCE FEES
as i have not used any of the facilityes
please advice me
Dear Sir,
An apartment runs based on the collections made by the association. If you are a legal owner of one flat in your apartment, you need to make the payment since the entire maintenance will be split based on the number of flats and since you are not staying at your own will, you would still need to pay the amount.
Regards,
Sriram
Dear sir. I owe an appartment in BSK 3rd stage residing in first floor. I have problem of water leakage on my bathroom cealing and sidewalls fm 2nd floor resident. Even their bath is situated exactly top of my bathroom. In fact I requerted them to pl look into the matter thrice but no response. Its small complex with 9 houses and no association. Kindly advice how do I resolve. We are experiencing power shocks as my heater are locatedm
Dear Ravi
The leak from upper floor to the bottom floor is due to Builder’s faulty construction. The joints of pipelines not properly sealed and packed. There is no fault of the present man occupying the upper floor.
Please talk to him explain your difficulties take him to your flat and show the problem to him. Get permission to do work in his flat and finish it of. Bear the cost by yourself. This will end the problem. If he is too good get 50% of cost from him.
Jay aka
Dear All SG IMPRESSIONS NH-58 RAJ NAGAR , Any one is taking initiatives for leading majority of mambers against SG Impressions at Raj Nagar for quality construction & fighting against OPEN PARKING CHARGES 90,000 paid to builder its not required for pay this amount as per indian act or law. Builder never will charge this amount & many peoples individualy fight with builder for the same. & win…. PLZ FIGHT AAL IN MAJORITY for the same. If any body wants to take more information then mail me on my e-mail id. vijay_delhivirus@yahoo.com
Hi,
I have booked a 2BHK flat and measuring SBA(super built Area) is 1296 SFT, in Bangalore (Karnataka) near HMT Layout Jalahalli. Possession for the flat is due in Jan 2011 next year.
Can you please let me know the Stamp Duty and Registration amount payable on the property and how it is calculated? Now builder is saying we have to register on full property value but sub register quoting we have register on sale value on land cost, request to clarify,
The flat are as follows.
Apartment Value = 1296 * 2775 Rs = 35,96,400/-
Parking = 2,00,000/-
Club Membership = 50,000/-
Electricity/Water = 1296 * 135 Rs = 1,74,960/-
Total = 40,21,360/-
Above Rs 40,21,360 has been split up as below with respect to Agreement
Sale Agreement Value = 12,06,408/-
Construction Agreement Value = 28,14,952/-
Apart from this I need to pay following amount during possession time
Maintenance for 3 years = 1296 * 80 Rs = 1,03,680/-
Legal Charges = 20,000/-
Dear Mr. Suresh Kumar,
As per the Govt norms you need to pay Stamp Duty based on the Govt Value fixed to that particular area (Guideline value will be fixed based on the Super Built Up Area on the Land Area or other deposits)
Thanks
Nagendra AS
Advocate
9164001353
dear sir,
we are elected president, as a new .old body should be give all books,or not,and one of the
previous president and some 4 members deveate present presindent desessons what we take action agnest them
hi,
is there any gudline for pets in appatment? what role can an association play?
I have purchased a flat in an apartment but the registration is not done yet. The builder gives a date and then doesn’t turn up for registration. Many people have faced the same fate in the apartment. The apartment doesn’t have an association. Is it possible to form an association with the owners whose registration is not done along with registered flat owners (if they want to join) and then represent the issues as a legal body to the builder?
Hi,
For the registration you need to give address proof without that and unless you’re property not registered. you will not a member of the association. you can send notice for the registration of your apartment based on the agreement for sale. Here individually you can take action against your builder for the delay.
Thanks
Nagendra AS
Advocate
Also Sir, does it say anywhere that it is compulsory to constitute an association/ company/ cooperative society ? And, can the manager/ builder/ promoter cut off essential supplies or services? It would be great to get a legal standpoint on this.
Thank you,
Siddharth
Hi,
I am taking a possession of new flat and my flat is at 9th floor. I wanted to do a grill work as I have 5 year old kid. Some says,’ you cannot cover the balcony, that is against the rule. You can do so, once regulation is passed after the association is formed’.
Please someone let me know what is law book says, I am worried now as I saw my kid climbing rails several time as rails are horizontally placed.
Thanks in advance…
These are the false notions created by the builders to save their skin… there is no such rule that you cannot cover your balcony… as i am a builder so i know this trick… take your firm stand…
Mr. Prabhat Kumar,
Thanks for your comments. Is there anything in the law that states that safety grills can be put up in a balcony?
What about aluminium/glass enclosures?
I’m very keen to know since our association is strictly against any enclosure of the balconies and I’m unable to find anything in the law that is in favor or against it.
All I can find is that structural changes and brick work are not allowed. Nothing is mentioned about safety grills.
We are in Tamil Nadu. We are having 300 flats and the same was maintained by Flat Promoter for the last six years, by collecting a huge amount from us. Now we have registered our Association. Now, we are requesting our Promoter to hand over us all the documents and Maintenance Amount to us. He states that he will only keep all the documents with him and will not give anything to the Association.
More over, he is telling since he has collected the maintenance amount from each individual separately, he will hand over the money to individual members only and not to the Association.
What can we do? Kindly clarify.
Ramkumar
we live in a 16 flats apartment in bangalore and ours is a registered association and this association was formed in sep 2009 and the land owner in that time was the president now the association president and the members are re-elected and changed and the khata is bifercated and each indiviual flat has a khatha now our problem is, in the terrace we have the common area water pipeing and overhead water tank the land owner has encorached and put up a garden in the terrace and closed the garden with a gate where the common area pipe goes so there was a meeting couple of days before and the association and the members of the association strictly told him to remove the area of the terrace garden as there might be a leakge and seeping to the top floor flats he aggred and went to remove it.
but yesterday he has produced a document from the builder letter head (the builder has left the apartment in 2010 without completeing the pending work and he has closed the office in bangalore) stating that this terrace garden and the parking area garden belongs to the land owner but this document was not produced to any of the clients who came to buy the flat and was not produced in the time of registration also and this is not being mentioned in the joint development agreement also.
now he is not removing the terrace garden so what steps can the association take on the terrace garden and him. please help
go through your own agreement or sale deed and try to see what has been said there about roof right… in any case if no construction is there on the terrace, it is treated as a common area and that is included in super built-up area… builder does not have right to allocate the common area… thats illegal!!!
I live in a Apartment where three floors withtotal 24 flats have been added and sold to various buyers. As occupancy certificate has not been issued no flats have been occupied so far though furniture work etc is going on. Our Association has not yet been registered. The new owners are not paying the monthly maintenace charges on the plea that they have not occupied and no occupancy certificate so far.
Can we not legally force them to pay as they do use the common areas like lift ,electricity ,security etc even though the use is minimal.
I am also facing same situation in my apartment. Actually if owners taken possession of flat and their interior work is going on they have to pay the maint charges.
Is collecting Sinking fund mandatory under the Societies act 1960? If yes is there a minimum and maximum amount that can be collected from a member? Our complex is not ready, two buildings are yet to be completed. However owners of completed 5 buildings have formed a Society but not registered. Accounts are still maintained by the builder. Can this Society collect sinking fund? Is the decision of the Society binding on the owners of the two incomplete building?
RD Shenoy
Hi,
Our Apartment has been registered under Society Act now by the Builder’s lawyer who is one of the owner of the 4 pent houses (without sanction plan).
Earlier they had promised to register the Deed Of Declaration (DOD) but its been registered under Society Act now but without our authentication even though we been one of the executive member.
Further we had asked them to open an Bank Account under “Karnataka flat owners association Act 1972″ with the DOD been registered and submitted to the Bank for opening the Account.
Since its not been registered as per “Karnataka flat owners association Act 1972″ in order to safeguard our Interest in the property, we have NOT been paying the montly maintenance charges as we had demanded to get the same done.
Please advise us on how to proceed in such circumstances.
- Prathima
I have purchased an apartment in 2010 and got it registered. Now I have come to know that the builder has approval for g+2 floors. our appartment is on third floor. Do we need to pay any charges later to gov for approval or can we put pressure on builder for approval. Pls suggest. If we need to pay any charges to gov what would be it for 1125 sqft.
Hi,
You need to wait till the akrama – sakrama scheme from Govt
Thanks
Nagendra AS
Advocate
nag1250@gmail.com
what is the course of action to be taken in case of default of payments by members?
can the association be formed without a Vice-president?
What is or should be the role of residents but not owners of apartments? will a meeting including residents but not members be valid as a general body meeting?
Hi
You shall explain the position that the day to day affairs of association can not carried without funds and convince the members.
There is no need that a Vice President shall be there.
The Members are owners of apartments. Most members shall not reside in their apartments and they might have rented out. They are tenants called Associate Members.
In General Body Meeting both Members and Associate Members can participate.
The condition is that they shall be be residents.
Members have voting rights. Associate Members have no voting rights.
Members can authorize Associate Members for voting.
Jay aka
How to get a carpark in an apartment?
Hi,
Car park will be sold along with apartment and UDI not individually
Feel free to revert if there is any concerns
Thanks
Nagendra AS
Advocate
9164001353
nag1250@gmail.com
Hi, In my apartment the car parkings vary in size and few people have big parkings and they are able to park 2 cars in the same while few can park only one. My parking is a small one and am planning to buy anothe rcar, how to get a place for parking inside the apartment.
Kindly reply to anandk007@gmail.com
+91 99450 72225
Hi
In an apartment complex only one car park is allowed for one flat.
If people are parking two cars means they might have purchased two car parks from the Builder (legally).
jay aka
Hi
Car park (covered car park) area is provided in the plan itself by the competent authorities.
While constructing the apartment complex the Builder provides this car park area as found in plan.
You might have negotiated with the Builder for allotting this car park while purchasing the flat.
Jay aka
Dear Nagendra,
Glad to see you still active in this forum and help us with valuable inputs.
I am having a 30×50 site with a very ambitious plans which cant fit into that area. There is a vacant site adjacent to mine. Instead of build two houses in this limited space, I am thinking of talking to owner of adjacent site and build a big house with two floors, one for each. The combined construction cost may come down considerably, but there will be issues (like less space in ground floor due to parking space etc). But these can be worked out in case if we have better understanding between us. Hence I am not too much worried about it.
My current worry is about legalities, ownership of land/house etc. In your experience is this a good idea to pursue? Do you see any drawbacks or complications that can be mitigated in someways.
Thanks,
Anil
Sir,
At the time of purchase of flat I was not having a car and hence was not allotted a car park. After purchase of a car now I intend to have a car park from a registered flat owners’ Association. What is the procedure? Kindly clarify.
Hi
To have a car park in an apartment complex you might have already allotted or purchased a car park from the Builder (first purchase).
Please bear in mind that in most of the apartment complexes Builders allot car parks to purchasers on cost basis which are in common area belonging to all the flat owners.
Jay aka
our apartments consists of 6 flats and have no association. we want to do the maintenance work by rotation among owners. we prepared periodic schedule of work to do it for 1 year responsibility each, Is it possible to do so?
Hi, We have a small issue with the outgoing association members. Isn’t it the responsibility of the outgoing association members to complete the MOM for the General body meeting and get it endorsed by a lawyaer before the new association members can take over their new roles as association members? What should be done if the outgoing association members do not get this done? What action should/can be taken? Thanks
Hello1 comment collapsed ,
I purchased a 2BHK flat in Aug 2008 in RT Nagar Bangalore (Karnataka) with car parking. After getting the possession builder has allocated the parking slots in a sequence to all the flat owners. But I got a very small parking slot where I can’t park a car. I am in touch with builder from last two years but looks like he is just neglecting us & saying we will do something but….
We discussed/ argued with builder while he was selling his penthouse, at that time he told that he is ready to take back my flat by giving back my total invested amount with bank interest. I am also ready for this option. But now I am calling him and every time he is giving some excuses and avoiding meeting me. Neither he is meeting me nor saying no to take back my flat. He is from Andhra Pradesh and currently doing some projects in Andhra.
Please suggest what to do.
Some facts….
1) In Sell Deed only car parking is mentioned & not parking size/area.
2) We have not formed society yet & no one else is facing any problem regarding parking so we don’t think others will support us.
3) Pent house is not in sanctioned plan. But still builder has sold out it with one car parking. (We got latest BBMP approved building plan).
5) There is no any extra space to park a car.
Please help & advice us. Thanks in advance.
Regards,
Siddhesh
9343445662.
Did u get any suggestion for this query? I have the same problem !
Hi Nagendra,
I purchased a 2BHK flat in Aug 2008 in RT Nagar Bangalore (Karnataka) with car parking. After getting the possession builder has allocated the parking slots in a sequence to all the flat owners. But I got a very small parking slot where I can’t park a car. I am in touch with builder from last two years but looks like he is just neglecting us & saying we will do something but….
We discussed/ argued with builder while he was selling his penthouse, at that time he told that he is ready to take back my flat by giving back my total invested amount with bank interest. I am also ready for this option. But now I am calling him and every time he is giving some excuses and avoiding meeting me. Neither he is meeting me nor saying no to take back my flat. He is from Andhra Pradesh and currently doing some projects in Andhra.
Please suggest what to do.
Some facts….
1) In Sell Deed only car parking is mentioned & not parking size/area.
2) We have not formed society yet & no one else is facing any problem regarding parking so we don’t think others will support us.
3) Pent house is not in sanctioned plan. But still builder has sold out it with one car parking. (We got latest BBMP approved building plan).
5) There is no any extra space to park a car.
Please help & advice us. Thanks in advance.
Regards,
Siddhesh
9343445662.
Our apartment society has not yet submitted last years audited accounts to the residents. What action can we as residents take in this regard.
Hi, We purchased a 3 BHK flat in October 2005 at Chennai. The agreement with the builder states the cost includes car park, eb and registration charges but doesnt show the car parking slot. There are 4 flats totally and ours is the only triple bedroom and high builtup area and we own the maximum UDS of the land when compared to others. There are 4 car parks and 4 gates and there is some passage where we can park 2 wheelers. But if we park 4 cars, it will be difficult to take the 2 wheelers without taking out the 4th car. Myself and the other 2 flat owners spent our own money and we have put individual sheds for ourselves. I have now vacated and relocated to Bangalore and the other 3 flat owners are asking for the car parking gate key. The 2 flat owners have their own parking and have parked their cars. But still the 2 flat owners are asking for the key. The 3rd guy was no where in picture as he is the 3rd owner of that particular flat and was always renting it out and has now self occupied and doesnt have car. The other 2 flat owners have brain washed the 3rd fellow and he is also asking for the key which we refused. There is no association formed so far. [B]What should we do and how should we deal with it now? We checked with couple of builders and they say that since we own the majority of the share in land and have the highest carpet area of the four flats we have the first preference and need not give the key. Please help.
For Users’
Info.:
WRT the WRITE-UP IN BUSINESS
LINE OF 5th August
K.
KANAGASABAPATH
Cost-sharing in
housing societies
“Model by-laws of housing
societies should be so adapted that the society has the discretion to apply a
suitable basis for allocating charges, keeping alive the spirit of cooperation
and minimising the scope for litigation. ”
Comment:
Anyone who has bought and /or been residing
in a flat or an apartment may not be unfamiliar with but certainly been
confronted with , even been swept away by, such controversies.
To put it differently, in such matters, controversies do surface and are
kept alive, without making an attempt to realize as to why the better
or the best course would be to take a pragmatic view. From the point
of view of profoundly ‘common interest’, as opposed to self interest, out of
the many variable basis of sharing one can think of and propound or advocate
for, the simplest of all, more appealing to common sense, may be to agree to
sharing on PF basis. For, after all that is the basis on which- 1)
the buyer / owner of the ‘unit’ has paid for ‘acquiring’ the unit, and 2) is
charged and obliged to pay or share the statutory levy of ’property tax’
levied by the local authority. Further, that may provide a largely practical
solution, BARRING those exceptional (though innumerable) cases, where the
builder / seller, has ‘managed’ to ‘convey’, though illegally, for a
price, any portion of the property such as, – of the land , terrace,-which, in
clear terms of the governing enactment(s), is required to necessarily form part
of the ‘common areas’ , hence to be used/enjoyed only in common, along with the
other co-buyers as a community, with no right to claim any sort of division,
exclusive enjoyment, etc. ‘Thanks’ to the concerned local authorities, not
to mention the registration authorities, for such a ridiculous state of
affairs, by being a part of the whole scheme of things and having played an
active but collusive role,; howsoever those are strikingly bizarre and
extremely objectionable.
As of today, perhaps, there seems to be some
hope still left that some day in future a desirable improvement may be
brought about through the regulatory measures lately being talked
about by the men in governance at the Centre as well as in the States. Provided,
of course, the subject aspect is duly considered and suitably covered in
the legislation in contemplation.
Dear Sir,
I wanted to know that is it necessary to be the member for Housing society? I have taken one flat in bangalore .My house area is more as it was the only flat available in that building, I am leaving alone in this house which is there at ground floor . My water and electricity usages minimum in the building Is it necessary for me to give maintenance at per sq feet rate only or society have power to change it to a fixed amount per month ? is it necessary for me to be the member for Housing society?
dear sir, ours is newly completed appartment, here we got complicated issue,with builders, they had kept come and go rights into the remaining site extended towards south side of the appartment through the silt and parking area. this has been mentioned in our documents also. now some of the buyers are afraid of the forthcoming issues in future.