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Hurdles in registering Apartment association under Karnataka Apartment Ownership Act

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Urban Development

Hi,

I am a resident/owner of flat in Pariwar Presidency Apartment in Anugrah Layout, Bilekahalli, Bangalore.

We have started the process for Association registration under Karnataka Apartment Ownership Act (KAOA) based on useful infromation available in this website.

Here are few hurdles that we are facing.

1. The law requires that Builder should have registered a 'Deed of Declaration' (DoD) before selling individual flats in the apartment. Also this DoD should be referred in the Sale deeds of each flat. Since builder has not registered DoD before, Can this DoD be registered now?

2. Does resigtration of DoD at this stage requires OC from BBMP?

Anyone familier with the process, please share your guidance.

Thanks

Vaibhav

Comments

silkboard's picture

Murali sir or Sanjay may be able to help

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Dear sir,

Murali sir or Sanjay here may be ab le to help.

-Pranav

msshankar1961@gmail.com's picture

KAO ACT 1972 REGISTRATION

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The Registration of the Association under KAO Act 1972 is too much of cumbersome, lot of procedures to be adopted, need full support from majority of Owners ( minimum 2/3rd ), money to spend for appointing a Lawyer, preparing the Bye laws, collecting all the sale deed either from the Builder or from the owners or from Registrar office, preparing the Deed of declatation, schedule-1, Exhibit-B  Sanctioned Plan from BBMP, ( if builder supports ok other wise, need to get under RTI ), An Architect to certify the sanction plan, and more importantly a capable, knowledgeable person with free time. In which Apartment, we will have a person with this profile.

With great difficulty and grace of GOD, our Association, Mahaveer Chalet, Bhattrahalli, K R Puram, with 127 Apartments, have Registered our Association under KAO Act 1972, on December 12th, 2013. We have many expereiences.

We faced oppposition from few of our Owners, who shown loyalty to Builder, to get some personal favour, all our discussions and plans were getting leaked and we had many a times, fighting and went to the extend of rolling back our activities of KAO Registration, Resignations, and what not.

Most of the Apartment Owners don't even support and every time, we ran behind the owners to collect all the document, to gather them into General Body meeting. ( campulsorily minimum 4 GB Meeting needs to be conducted for accomplishing this KAO Registration ).

Many nights, went sleepless. But today we are proud to be registered under KAO Act 1972.

M.S.SHANKAR - 9844010530 - msshankar1961@gmail.com

M S SHANKAR

SATYA66's picture

Differetial rates of maintenance charges for tenants and residin

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Dear Mr MS Shankar,

 

Congratulations on your fulfilling the great task of getting your apartment oweners association registered under KAOA 1972 , since I know it is a very difficult task.

Now I request you to kindly inform the following , based on your experise in this field.

1. Can the association manaement charge highter rates  ( per sq ft rate ) of  maintenance charges to residing tenants ompared to residing ownwers of the Apartment complex ?

2. Can I know if such proposition by the management can be allowed as per by-laws of the association ? 

3. In our apartment complex , we have rented out our flat and the association management is caharging higher rate  of rs 2.00 per sq.ft to tenanted

 flats  compared to rs 1.40 per sq.ft to the owner residing flats.

When we raised the issue of differential rates of maintenance charges ( for the same facilities ) the president / secretary of the association says that the association is registered under society act 1960 and any resolution passed in the AGM is binding. 

Thank you very much in advance for sharing you views on this subject.

 

Satyanarayana K,

Sr DGM ( Rtrd ) BHEL,

Yelahanaka New Town , Bangalore -560064

Cell nr : 9845447498

 

msshankar1961@gmail.com's picture

APARTMENT REGISTRATION UNDER KAO ACT 1972,

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1. There are many doubts among the Owners of apartments, on registration of apartment owners association.

2. The apartment Owners association, has to be necessarily to be registered only under Karnataka Apartment Ownership Act 1972  only.

3. Many Advocates and experts misleading the Apartment Owners to register under Scoety's Act 1960.

4. First and foremost, the process as stipulated in the KAO Act 1972, is not being followed by all the Builders and as in absence of stringent law to monitor this lacunae, most of the practicing Lawyers and professionals misguide all the apartment owners to form and register the association under Society’s Act 1960, which does not have any provision to register such apartment owners association, thereby violating the very purpose of KAO Act 1972.

5. The act of  registration of Association under the Karnataka Societies Registration Act, 1960 (in short KSRA) itself is illegal as there is no provision in the said act to register the Apartment Owners Association mainly undertaking the routine maintenance activities, repairs, painting, providing various facilities connected with apartment living.

6. According to KAOA, the owners of all apartments form an association. Although the association is not registered, its officeholders are given powers.

7. But the KAOA does not elaborate the role of association in the whole lifecycle. It does not specify that a customer becomes a member as soon as he books an apartment (as per KOFA).The builder exploits this by denying the existence of an association that lets the customers exercise their rights unitedly.

8. There are many Lacunae in Karnataka Apartment Ownership act 1972, which needs to be amended by raising a strong voice unitedly.

M.S.SHANKAR - msshankar1961@gmail.com

 

M S SHANKAR

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