Formation, Objectives and Duties of Owners Association
Bangalore is one of the fast growing and metropolitan cities in India. It is also known as Silicon city or garden city. Bangalore attracts people from all over the country with its good climate, architecture and job opportunities. There are number of apartments in Bangalore and builders are building more and more apartments day by day.
Bangalore apartment owner’s association is voluntary association of apartment owners residing in Bangalore. The association may or may not be registered. The registered association can enjoy all the legal benefits.
Act for Registration Apartment Owners Association
An association in Bangalore can be registered under Karnataka Act. There are mainly three Acts which you can register your association. The following are Karnataka Act for registering an association.
- The Karnataka Apartment Ownership Act 1972: Act exclusively deals with residential apartment. Law makes each apartment a transferable and heritable property with separate katha and specific undivided interest in land. Disadvantage in forming an association under this Act is that it often difficult to gather all the owners of the apartment one at time for the registration of association. If the owners of apartment give the power of attorney to builder he can submit the entire property to this Act. Find the pdf of act here :Karnataka Apartment Owners Act 1972
- The Karnataka Societies Registration Act 1960: In Bangalore most of the associations are formed under this Act. The societies formed under this Act are for the promotion of charity, educational, science, art, literature or for the promotion of sports. The Act does not bind anybody who is not a member. The advantage of the Act is it can be formed with minimum 7 members who are not less than 18 years. The association formed under this Act to maintain day to day affairs of maintenance. Both Residential and commercial building owners can become member of the society.
- The Ownership Flats Act and The Companies Act: Under this Act a private company can be formed for the maintenance of apartment, both residential and commercial building. All the owners will be issued shares and rules for governing the allotment and transfer of share. This is not effective in Karnataka because the co-operative societies may not have companies as its members.
Formation of Apartment Owners Association
An association of apartment can be formed by volunteer association of owners of apartment. The association may or may not be registered. By registering the association members can enjoy legal benefits and association gets unique name registered. An apartment owner’s association can be formed under Karnataka Apartment ownership Act 1972 but it needs all the owners of apartment gather at one place at time of registration and it is difficult to gather all owners at one place at a time. The builder can register the association if all owners give power of attorney for forming an association. Most of associations are formed under Karnataka Societies Registration Act 1960.
The following are requirement for formation of an association under Karnataka Societies Registration Act 1960.
- Need 7 or more members and must be above 18 years.
- Memorandum of association with name and objects of association, details of members of governing body with name, address and occupation.
- Bye-laws (rules and regulation) of the association.
- Fee for registration
All the applicants need to sign the document in front of Registrar and if the Registrar is satisfied that all the requirements of this Act and the rules made he shall certify that the society is registered and issue a certificate of registration. The Association of apartment owner’s is successfully formed.
Object of Apartment Owners Association
In an apartment there will be common maintenance charge and it has to be meet proportionately by all flat owners. One of the objects of formation of association is to collect these charges and work for welfare of owner’s of apartment. The association formed under Karnataka societies registration Act 1960 is promotion of charity and organize a non-profit organization for welfare of owners in apartment.
Duties and Powers of Apartment Owners Association
All the owners of apartment complex are members of the association but people other than owners who reside or occupy an apartment will have to pay maintenance charges for enjoying common facilities but does not have right to vote unless authorized by owner of apartment in writing. The members other than owners are known as associate members and owners are known as members. All the members of association form general body.
General body consists of all the members of association who are owners of apartment complex. General body elects members by and from general body as Management committee. Management committee consist a President, Vice-President, Secretary, Treasurer and other members. Management committee represents association before all official and non-official bodies concerning building and other member’s rights and interests.
Each and every member has his own duties and rights in an association. Here are some duties of each member.
- Management Committee
- Organize social, cultural and recreational facilities for the members or people in the apartment.
- Represent members of association and protect rights and interests.
- Open and maintain bank accounts of association
- Work for welfare of residents in association and co-operate with other association for common and mutual benefits.
- Ensure the monies are used for the maintenance of building and promote charitable feeling among members. Encourage religious, social, cultural and educational activities.
- Keeping safe custody of documents relating to land and buildings, license issued etc.
- Conduct meeting, discuss the problems and provide adequate solutions.
- President
- He/She is the person who has can sue or defend any legal action against association.
- Ensure the income and expense of association is for welfare for members of association.
- Enters into contracts approved or assigned by the committee.
- Treasurer
- Maintain funds and documents relating to association in safe custody.
- Operate income and expenses of association and empowered to operate bank accounts of association.
- Maintain petty cash to meet expenses and maintenance of apartment.
- Secretary
- Organizing and conducting general body meeting of association members.
- Attending meeting representing association
- Taking and maintaining minutes for meeting.
- Collecting and analyzing information from members.
- Members
Following are important rights and duties of members of association.
1.Attend general body meeting
2.Right to vote
3.Pay the dues decided by the general body and abide by the bye-laws.
PS: Sample of Byelaws for formation of apartment association
*Data gathered for information purposes, use of same is at readers discretion, author claims no liabilities for the same.
Tags: apartment communities, Apartment Owners Association bangalore, Association, Formation of Apartment Owners Association, property documents, Residents Welfare Association in Banglaore
our builder is refusing to hand over the maintenance.He is collecting lot of money without giving receipts and has not produced accounts for the past three years.He has built 48 apartments instead of the approved 35 and hence there are covered car parks for the owners of the approved flats.We are unable to get a occupancy certificate due to unapproved construction.
Due to this type cheating by the builder, govt. brought “Karnataka apartment owners Act 1972″ if we form our association as per this act, builder cannot cheat the innocent flat owners, registering authority will ask all the details of all the transaction from buyer and seller, therefore all the flat owners are requested to form your flat association as per “Karnataka apartment owners Association Act m1972″
I went through both the documents (THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960 and THE KARNATAKA APARTMENT OWNERSHIP ACT, 1972).Please see my specific questions: 1. Our building consists of 22 apartments in 5 floors (including pent house) and located near to old Airport Road (HAL). Under which act we should register our association?
2. How much it may cost for the registration?
3. What are the necessary documents required for registration?
4. What shall be the steps in the registration process?
5. What kind of help you can offer on this process? Please provide us your service charges, if any.
Hi Suneesh, You can contact me at 9886111814, i can help you through understanding and getting the registration for your society. Being in practice you can reap future benefits for your Association like monthly compliance of service tax, Income tax etc.
Do contact for any clarifications.
Is there any precedent for the residents’ asspciation charging the residents for parking vehicles on the street? We are a gated community and are thinking about such a measure to force people to use their building parking space. Any pointers would be helpful.
can builder sell some area next to any flat to them after selling of other falts/after undivided land of share is announced
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our builder has sold the terrace and some of the common area to some flat owners.and one among those flats is not sold and under some repair,now he is saying that the area occupied by him previously is common area and the association should bear the expenditures.the area is totlly coverd and only that flat ownes’can use that
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I have purchased a 2nd hand flat in Bangalore recently. I put a box type grill for my flat seeing the structure of the other tenants. I was issued a notice by the association stating that it is not allowed to have box type grill in the apartment.
When I asked the question why 50% of the building have and why not me they came back with the answer that they have constructed it before formation of the association and after the association is formed it is not allowed . I argued with them stating that if the rule is there then it should be applicable for everyone either it is before or after the association.
Please let me know how can i fight against it with law.
Hey,
Please suggest me whom to approach to register myself for the apartment association?
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You Guys have no idea of Karnataka Apartment Ownership Act, 1972. THERE IS NO NEED FOR ALL THE OWNERS TO GATHER NOR GIVE POWER OF ATTORNEY, as stated by you. The Builder/Developer can file a single Declaration Form A under the Act and register it with the jurisdictional Sub Registrar. It is binding on all the Apartment Owners.
If the Builder/Developer fails to do the above or refuses to do it, the recourse to the Apartment owners is to File Form B — where only the presence of all the owners is required.
Form ‘B’, as clearly borne out by the Apartment Act , is not an alternative to Form ‘A’ Both are independent and ‘must’ .Without compliance with both,- Form ‘A’ by the Promoter / Vendor and Form B to be executed by each purchaser,but again to be registered along with the Deed of Apartment, no ‘owners’ association’, so as to be regarded a legal entity can be validly formed and registered. Notwithstanding the chaos and confusion still obtaining wrt these mandatory requirements, on which there seems to be no doubt.
In the question and answer column in Times of India, weekly suppl. “Times Property”, (titled- Legal Eagle), Issue of March 5, 2010, its learned author, a leading Advocate on property law in Bangalore, has once for all clearly clarified; there by leaving no scope for any more groping in the dark. Also, for more useful information, one should look up the special posts on the subject @ praja.in.
Any number of related stories are readily available on several websites, e.g. of “Citizenmatters”, where the purchasers’ community at large have come to grief on this score, to be precise due to ignorance of the correct legal position, hence involved in an inconclusive legal battle.
On this very website,to those who care to read, my previous related Posts might be of guidance.
Hi ,
I am the secretary of the one housing association, i want to resign as my period is over. is any body can send me the formal resignation letter ?? so that it will help me lot.
And after resignation can i call for election?? or before resignation should i call for election??.. what is my designation after my resignation up to another people taking charge?? plz mail me the reply to my id ganeshu4@yahoo.com
With Regards
Ganesh
Is there any link downloadable form for : Residents Welfare Association registeration ?
Can you please share it ? Thanks!
Mr Bala,
We are consultants and do registration for association, you can contact us on 9886111814 for any assistance
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We are plannig to buy a pent house in hyderabad which is not approved?can we pay some fine and make our flat regularised??Can u tell us what will be the problems we face in the future
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Final Conveyance of Property in Apartment Building > When Takes Place ?
“Formation of Apartment Owners’ Association, In Bengaluru -Karnataka”.
Some Thoughts and Ideas considered worthwhile sharing:
1. There is no gainsaying that difficult questions arise in cases where promoter/seller has blatantly failed, with impunity or otherwise, to comply with/contravened (deliberately or otherwise) the mandatory requirements of the law.
2. To list some of them ostensible but of a vital nature, >
Deviations/violations of the construction regulations;
Non-payment of so called ‘development’ / ‘improvement’ charges, being debt principally due / owed by him to the BBMP:
Not procuring a ‘master’ khata for the entire property (land and buildings), after its completion and the obtaining by him of a OC or CC from BBMP, so as to facilitate the obtaining of the ‘individual’ khatas in the names of the purchasers;
Not procuring OC or CC from the competent authority (which is now BBMP for all areas, including those earlier fell under different authorities such as, – BDA, etc.) before individual conveyances, in any event, before the final conveyance of the entire property to the Owners’ Association;
AND furnishing to the purchasers/Owners’ Association , among others, the two most essential documents namely, Advocate’s Certificate and Architect’s Certificate ,so as to evidence his title also its /marketability’ (this is what is compendiously referred to /covered in the legal concept of “MARKETABLE TITLE”, so on running into a long list.
3. For useful clues, one has to look at the applicable clinching provisions of the law ; in particular, Rules 9 and 10 of the KAR.OWNERSHIP FLATS (REGN, etc.,) RULES , 1975. What require to be specially and incisively noted there from are these:-
According to a close reading of the extant two interrelated Acts (Flats Act and Apartment Act), the said Rules are of equal application to, not only ‘Flats’ but also ‘ Apartments’, as well.
Further, they are seen to make it more than adequately clear on the following:
> (1) It is the promoter/vendor, and he alone, who is solely responsible for fulfilment / completion of all the above referred mandates of the law;
>(2) He continues to be so responsible and answerable in law, to the purchasers, until such time he has fulfilled / completed all his obligations; particularly, in case of apartments, including the forming an “Owners’ Association” and due registration thereof with the statutorily appointed competent authority being the ROCS (in short); AND
>(3) Unto the point in time when he has, after having performed duly and strictly all his statutory obligations, to the satisfaction of all the purchasers as a body, finally fulfils his obligation to convey the whole of the property (including land and building(s)), significantly, though symbolically, by the act of formal handing over of all the requisite documentations to the registered Owners’ Association.
To be precise, proceeding on the foregoing premises, in one’s conviction, the purchasers could not be regarded to be left with no remedy ; but could be entitled to, in exercise of their lawful rights and interests , enforce them by resort to suitable course(s) of action. May be, in a manner of ( legally and strictly ) speaking, it could be validly urged, that they are entitled to do so, even after the final stage of conveyance as aforementioned ; especially in those cases where purchasers could rightly and validly urge, on the ground that the cause of action arose, as legally understood, after that stage of final conveyance.
A firm legal opinion, if obtained on the foregoing critical aspects, from any noted competent Advocate, might go a long way in helping and improving upon the present thinking seen to be by and large obtaining in common perception.
Interesting article once again! Thanks=)
Thank you once again truly appreciate it. Cheers!
I have booked for Pent House which is having 2 teraces value paid by me
is it for the eclusive use of me or commo place
Hi,
Thanks for the info, need more details and procedure to do the Registration.
Kindly contact me.
Regards,
William.
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Hello,
Our builder has just stopped maintenance last year and has not completed most of the work. We took over the maintenance of the complex and started maintenance of the complex. We have put system and process in the maintenance and it is working fine. Now members want our association to be registered. Is it necessary for the builder to do the registration or we can do the registration by our self. Also is it a must to register the association.
Thanks in advance
I appreciate you sharing this post.Thanks Again. Keep writing.
Dear Sir,
We have purchased an apartment in Bangalore 10 months back from the builder (the project is a jv between builder and Land owner). Till then the total 16 flats were given for rent and recently the builder started selling the units. Till now the apartments have been maintained by the Land owner, he appointed a security and collects maintenance fee from all the owners etc. Now there are 8 more new flat owners other than the Land owner as the builder has sold his entire share. Now the issue is that the Land owner does not want to form an association despite the fact that we have been asking for the same for the past few months. The maintenance is not up to the mark, the security is only bothered to do the personal works of the Land owner as the owner still maintains the flat as his own personal property. I have spoken to 6 of the new owners they also share the same view and want to form an owners association as the land owner wants to increase the maintenance fee etc. But the land owner is not willing to form. Can you please advise.
Thanks for very usefull site.
We have finally formed an association in our apartment (12 flats) a month back. I being president of the apartment and one of the flat owner.. practically taking care of all (treasured/Secretary) functions, as it’s being a small flat.
We have few financially un-supporting owners in the flat, when we decided to paint the whole building and fix the cracks. I am unsure how to take it further, what action can we take to collect fund from them. Any pointers will be very helpfull?
I am living in a apartment as a tenant. The members of the owners association harass the associate members and our children for petty reasons and charge penalties at the drop of the hat. Also they make wage rules and regulations and are unwilling to share the maintenance expenditure details with any associate members. All the associate members feel that the owners association is making huge profits in the maintenance as this apartment is having a major population of tenants. Is it legal to charge penalties..??? Is there a solution to bring these people to law..???
[...] Monthly Fee: Under flat monthly fee, apartment owners association or society calculates sum or total maintenance charge and divides equally among all flat owners. In [...]
Please clarify the following:
1) In a Apartment, a flat in the name of Son. Can his father contest for President/Secretary/Treasurer OR Executive Committee member in the Flat Owners Association?