Dear Experts, we are an apartment association registered under KSRA in Karnataka as' XxWelfare association' and we are charging maintenance charges are being charged on a hybrid model since an year,hitherto was on a flat charge basis till 2 years ago. Questions raised by some owners since combination of multi area flats are there are 1. The registration of association under KSRA-Societies act is Illegal( we are registered as WELFARE ASSOCIATION) 2. It is mandatory to switch to Apartment owners act(KAOA) and to be forced by M committed and no vote/resolution not required )since illegal(point 1) 3. The mainteNancy charges have to be on a Sq ft basis as per KAOA implied. Questions for the MC because of above 4. Can the current status be of KSRA regn be maintained and implement Sq ft basis M charges in the AGM through resolution or voting. 5. Is the registration illegal under KSRA as a 'Welfare association' 6. Can any owner pull the MC (association) to court litigating that it is illegal under KSRA and force the MC to force switch to regn under KAOA and hence force Sq ft basis maintenance charges(section 10 KAOA) Added to these confusions is that it is presumed that RERA 2016 does not insist on registration of apartment association(allotee) and still authority to fight litigation in court,raised by any owner. Advise requested through experts on these basic question's so that association can move forward to follow processes under applicable law and Acts. Also require question of associations said above as per RERA Dr. Sripathy,member owner,apartment Welfare association, Mysore, Karnataka
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The registration of association under KSRA-Societies act is Illegal?
No, the preamble and other provision of the THE KARNATAKA APARTMENT OWNERSHIP ACT, 1972 does not bar to form association under KSRA. so association formed under KSRA is fully legal .
Dear sirs, please give para,section reference of preamble of the karnataka apartment owners act regarding the answer you have given? Need to quote this during meetings to other members.
since you are apartment association you should have been regsitered under provisions of KAOA
2) in KAOA Declaration and Deed of Apartment ought to have been 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.
10) the maintenance charges to members should be equal irrespective of areaof flat as registration has been done under KSRA
11)he act of registration of Association under the Karnataka Societies Registration Act, 1960 (in short KSRA) itself is illegal
12) 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
13) in case any flat owner is aggrived he has to obtain court orders for cancellation of registration under KSRA and registration under KAOA
The KAO Act does not enforce the owners of the apartments to pay the maintenance charges as per one particular method. Rather it allows the registered society to have its own rules, regulations and Bye-laws which can be adopted by the members of the residential society along with the members of the association on the basis of majority of votes or any other method.
As per Hybrid Charges, in this method a part of the maintenance charge is charged equally among all apartment owners. These charges would be the common expense like lifts, security staff salary, stationary, property taxes, conveyance, audit fees, meeting charges, common electricity etc. The second part includes the area based charges that are specific to the apartments such as water charge and electricity usage.
The Karnataka Apartment Ownership Act, 1972 deals with the registration of Apartment Owners Association mainly undertaking the routine maintenance activities, repairs, painting, providing various facilities connected with apartment living. All, associations which take care of apartments’ maintenance of common areas and facilities are mandatorily to be registered only under Karnataka Apartment Ownership Act 1972 and all the owners to file declaration before competent authority as per rules provided under the Act to create proper title of the property. According to the Act, the owners of all apartments form an association.
Cancellation of registration and dissolution of certain societies.- (1) If it
appears to the Registrar that any society registered or deemed to be registered under
this Act, is carrying on any unlawful activity or allows unlawful activity to be carried on
within any premises under the control of the society, [the Registrar may hold an enquiry
or authorise any officer to hold an enquiry into the activities of such society, if the
society has been carrying on any unlawful activity or has allowed any unlawful activity to be carried on within any premises under the control of the society, he shall, after giving reasonable notice to the society to show cause why the registration of the society should not be cancelled and the society dissolved, and after considering the representations, if any, made on behalf of the society, by order cancel the registration of the society and direct dissolution of the society;
Thus there is nothing to worried about unless the association is carrying ion any unlawful activities, it can remain registered under KSRA itself as Residents Welfare association.
Dear sirs, please give para,section reference of preamble of the karnataka apartment owners act regarding the answer you have given? Need to quote this during meetings to other members.
In the State of Karnataka, there is no compulsion to pay the maintenance charges but the option is available to the owners to register as a Society. Upon registration, the Society has the freedom to determine its own rules and regulations and function according to that.
As per Section 2 of the Karnataka Apartment Ownership Act; The Karnataka Apartment Ownership Act, 1972 deals with the registration of Apartment Owners Association mainly undertaking the routine maintenance activities, repairs, painting, providing various facilities connected with apartment living;
As per the Act, it does not enforce the owners of the apartments to pay the maintenance charges as per one particular method. Rather it allows the registered society to have its own rules, regulations and Bye-laws which can be adopted by the members of the residential society along with the members of the association on the basis of majority of votes or any other method. The bye-laws adopted by an Apartment Owner’s Association should have the following details[3]:
the aims and objectives of the society, the details of the rules and regulations that apply to members, the specifics of selecting a member and office-bearers of the society,
details of how the association aims to help the residents of the society Details of how it will go about getting the co-operation of all members. Information on how the society will manage its income and expenses. The list the office-bearers who will be authorized to issue cheques and monetary transactions on behalf of the association. details about transfer charges, maintenance costs, penalties, etc.
These Bye-laws can also be amended at a later stage as per the current requirements or on the expiry of tenure of the management committee of the Association.