90,000+ Legal Questions Answered
KSRA 1960 vs. KAOA 1972
9 months ago
We are a part of association committee & not the original builders. Since the builder has not formed any association; we have conducted elections & formed a association under KSRA 1960. However, one of the residents has sent a legal notice from Office of Deputy Registrar of Co-operative Society that we have to register apartment under KAOA 1972. is this valid?
A.Dear client,
since you are apartment association you should be regsitered under provisions of KAOA
2) in KAOA Declaration and Deed of Apartment is to be made in respect of every apartment contained in the building forming part of the property together with a memorandum. This can be done in a single Deed listing out all the apartments
3) 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.
4) 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.
5) In a cooperative society setup, the building, common area and land is vested with the cooperative society
6) The member has all rights to occupy his or her flat, but does not own an undivided share as is commonly understood since all common property is vested with the society
7) Under KOFA 1972, section 3, subsection 2(h), and KOFA Rules 1975, section 5(d) the builder/promoter is obligated to state the “precise nature of the organization to be constituted of the persons who have taken or are to take the flats or apartments”.
8)The Deed of Declaration is to be provided in a format known as Form A, which is described in KAOA Rules 1974. The DoD will detail the extent of property, all the common areas, limited common areas and facilities, description of buildings and all apartments. It will also specify the percentage undivided ownership share for each apartment. Along with Form A, a copy of the by-laws of the association and a set of floor plans of the buildings are to be appended. It has to be certified by an architect that the plans are accurate as per what is approved by the local body and what has been built. All registration offices are obligated to keep a book called “Register of Declarations and Deeds of Apartments under KAOA 1972” and an Index thereto
9)The KAOA rules require that true copies of all amendments to the DoD, by-laws etc. should also be filed in the office of the competent authority. A copy of a Deed of Apartment is to be filed within 30 days of registration.
However if it is registered under KSRA it cannot be registered under KAOA as registrar will refuse to register it under KAOA as registration has been done under KSRA
11) in case any flat owner is aggrived he has to obtain court orders for cancellation of registration under KSRA and registration under KAOA
since you are apartment association you should be regsitered under provisions of KAOA
2) in KAOA Declaration and Deed of Apartment is to be made in respect of every apartment contained in the building forming part of the property together with a memorandum. This can be done in a single Deed listing out all the apartments
3) 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.
4) 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.
5) In a cooperative society setup, the building, common area and land is vested with the cooperative society
6) The member has all rights to occupy his or her flat, but does not own an undivided share as is commonly understood since all common property is vested with the society
7) Under KOFA 1972, section 3, subsection 2(h), and KOFA Rules 1975, section 5(d) the builder/promoter is obligated to state the “precise nature of the organization to be constituted of the persons who have taken or are to take the flats or apartments”.
8)The Deed of Declaration is to be provided in a format known as Form A, which is described in KAOA Rules 1974. The DoD will detail the extent of property, all the common areas, limited common areas and facilities, description of buildings and all apartments. It will also specify the percentage undivided ownership share for each apartment. Along with Form A, a copy of the by-laws of the association and a set of floor plans of the buildings are to be appended. It has to be certified by an architect that the plans are accurate as per what is approved by the local body and what has been built. All registration offices are obligated to keep a book called “Register of Declarations and Deeds of Apartments under KAOA 1972” and an Index thereto
9)The KAOA rules require that true copies of all amendments to the DoD, by-laws etc. should also be filed in the office of the competent authority. A copy of a Deed of Apartment is to be filed within 30 days of registration.
However if it is registered under KSRA it cannot be registered under KAOA as registrar will refuse to register it under KAOA as registration has been done under KSRA
11) in case any flat owner is aggrived he has to obtain court orders for cancellation of registration under KSRA and registration under KAOA
Helpful
Helpful
Share
Read Related Answers
Inheritance Rights Dispute Over Mothers Property in Bengaluru
Dear Client,
A property when left by the deceased owner intestate i.e, without any will, is devolved upon the surviving legal heirs in equal share following the law of inheritance/succession. After t...
EWS Certificate
Dear Client,
The death certificate of a deceased person is a crucial document that is mandatorily required for the issue of a legal heir certificate either by the Municipal Authority or to apply for a...
POA from SriLanka to India citizen Resident Indian
Dear client,
If the seller of the property is not now in India, he can still execute a POA abroad, but the process is slightly different. His first step is to visit the Indian Embassy or Consulate in...
Darkast agriculture land sale
Dear Sir,
If there is perpetual restraint from selling the land then the grandson cannot sell without the permission from the Deputy Commissioner. The conditions in the Darkasth to be read.
Mutation of property in authority records based upon registered gift deed
Dear Sir,
Yes, the mutation will be taken place as jointly in respect of your respective wives. You have to produce certified copies of both the Gift Deeds.
Read Blogs on Property
Property Lawyers
Find Lawyers by Location
