One Apartment registered under Two acts of Karnataka state
1 year ago
Hi,
Our Builder has registered apartment association under Karnataka Apartment owner act 1972 on 13/10/2010. After this few residents went ahead and registered another association under Karnataka Societies act 1960.
My question is that is this valid to register one Building under two different state acts?
As they are charging apartment maintenance charges which runs into crore every year.
Please do help me understand this matter.
Thanks
A.Dear Client
This Karnataka Societies act 1960 is the law which prescribes rules for registering a society ( like an NGO) and its administration and this is not the right law under which an apartment association (so called society) should be registered for maintenance of the apartment.
The residents of the apartment are supposed to form an association as per the laws under the Karnataka Apartment owner act 1972.
This Karnataka Societies act 1960 is the law which prescribes rules for registering a society ( like an NGO) and its administration and this is not the right law under which an apartment association (so called society) should be registered for maintenance of the apartment.
The residents of the apartment are supposed to form an association as per the laws under the Karnataka Apartment owner act 1972.
Helpful
Helpful
Share
A.Dear client,
An apartment as defined in Karnataka is a property of a residential nature where the owner owns the apartment and holds a percentage share in the land and common areas and amenities.
The societies act is not the right law to register an apartment association. Section 3 of the societies act defines the various types of societies that can be registered under the act and none of them meet the definition of an apartment association.
As the builder had already registered the association, there was no need for the residents to register it again. But still, if it is registered now, it will definitely be acting as a legal entity. So nothing illegal can be done by the members. They have to keep track of all the accounts and statements. As a resident, you have all the rights to check upon it.
An apartment as defined in Karnataka is a property of a residential nature where the owner owns the apartment and holds a percentage share in the land and common areas and amenities.
The societies act is not the right law to register an apartment association. Section 3 of the societies act defines the various types of societies that can be registered under the act and none of them meet the definition of an apartment association.
As the builder had already registered the association, there was no need for the residents to register it again. But still, if it is registered now, it will definitely be acting as a legal entity. So nothing illegal can be done by the members. They have to keep track of all the accounts and statements. As a resident, you have all the rights to check upon it.
Helpful
Helpful
Share
Read Related Answers
Recruitment Rules Problem
Dear Client,
The recruitment process is governed by the rules of the organisation. The government is the sole authority empowered to change the recruitment rules. In this regard, the Supreme Court has...
10 percent interest rate per month
Dear Client,
When you did not avail of the loan without observing legal procedure, you have no legal remedy to resolve the issue legally. Instead, if you litigate the matter, you both will be booked f...
Asking For RTI
Dear Client,
Each public authority must designate a PIO at every administrative unit or office under it to provide information to citizens under the RTI. The process of designating such officers is o...
Mental Harrasment by professor
Dear Client,
you can file a criminal complaint against the teacher for defamation under sec 499 and 500 IPC as last resort . complaint to the management authority of the institution is a viable step
Inquiry for RTI act 2005
Dear Sir,
You must first apply to the local town committee and if your application is rejected it will disclose the next Appellate Authority to whom you have to approach for getting remedy.
Read Blogs on Administrative Law
Administrative Law Lawyers
Find Lawyers by Location
