Formation of Apartment Owners Association

Formation of Apartment Owners Association, Bangalore

When you by an apartment in an apartment complex, you also become a part of the Apartment Owner’s Association, also known as society. The purpose of the association is to take care of all the common requirements of the apartments, such as maintenance, collection of charges, and general welfare of the apartment owners.
This article provides an overview of how an associate is formed in Bangalore, Karnataka, its objectives, and duties and powers to the association. Bangalore apartment owner’s association is a voluntary association of apartment owners residing in an apartment complex in Bangalore. The association may or may not be registered. However, a registered association will enjoy certain legal benefits.
Rules Governing Registration of Apartment Owners Association
An association in Bangalore can be registered under one of the following three Acts: The Karnataka Apartment Ownership Act 1972, The Karnataka Societies Registration Act 1960, and The Ownership Flats Act and The Companies Act. The most commonly used Act in Bangalore is the Karnataka Societies Registration Act 1960. The main advantage of the Act is it can be formed with minimum 7 members not less than 18 years of age. The association formed under this act takes care of the day-to-day affairs of maintenance. The following are the salient features of each of these acts:
The Karnataka Apartment Ownership Act 1972
1.	Exclusively deals with residential apartments
2.	Makes each apartment a transferable and heritable property with separate katha and specific undivided interest in land
3.	Often difficult to implement, as it requires all the owners of the apartment one at time for the registration of association
The Karnataka Societies Registration Act 1960
1.	Most commonly used in Bangalore
2.	The Act does not bind anybody who is not a member
3.	It can be formed with minimum 7 members not less than 18 years of age
4.	The association formed under this act takes care of the day-to-day affairs of maintenance
5.	Applicable for both residential and commercial building owners
The Ownership Flats Act and The Companies Act
1.	A private company is formed for the maintenance of apartment
2.	Applicable for both residential and commercial building owners
3.	All the owners are issued proportionate shares
4.	There are rules for governing the allotment and transfer of share
5.	Not effective in Karnataka because the co-operative societies may not have companies as its members
Requirements for Forming Association under The Karnataka Societies Registration Act 1960
As we said earlier, this is the most commonly used Law for forming the association. The following are the key requirements for forming the association: » Minimum 7 members » 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 sign the document in front of Registrar. Once the Registrar is satisfied that all the requirements of the Act are fulfilled, he will register the society and issue a certificate of registration.
Sample Bylaws.


Author: Editor

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