• Role of the Competent Authority for apartment registered under KAOA, 1972.

I am an owner-member of an Apartment Owners’ Association in Central Bangalore. The Deed of Declaration of the Association was formed and registered in 1991, under the Karnataka Apartment Ownership Act, 1972. However, as mandated under the Act, a copy of the said Deed of Declaration of the Association has yet not been lodged with the Competent Authority, viz. Registrar of Co-operative Societies, Karnataka State. Moreover, the Board Managers are yet to hold the Annual General Meeting of the Association to approve the financial statements for FY 2017-18.

 In this context, my queries are:
1.	Is not lodging the Deed of Declaration with the Competent Authority a serious aberration in law?
2.	If so, how can the Association restored normalcy?
3.	If not, how will the Competent Authority exercise administrative oversight on the functioning of the Apartment Owners’ Association?
4.	Is it legally permissible to skip the AGM one year though the Act mandates holding the AGM every year?
Asked 4 months ago in Property Law from Bangalore, Karnataka
Religion: Other

Holding of AGM is mandatory. You cannot skip one year 

 

2) deed of declaration has to be filed with registrar 

 

3) complain to competent authority about non holding of AGM 

Ajay Sethi
Advocate, Mumbai
65543 Answers
3967 Consultations

5.0 on 5.0

Dear Sir 

Unless any of the members lodg complaint the Regustrar may not no about the irregularities. Better initiate action and try to get appropriate orders.

Kishan Dutt Kalaskar
Advocate, Bengaluru www.kishanretiredjudge.com
4250 Answers
108 Consultations

5.0 on 5.0

Competent authority is sub registrar and deed must be file but not severe violation. Without submitting deed, association members have no legal back up/remedy against arbitrary action of association.

Not holding AGM, than association has no existence for violation of law and if deed will submit of back date, may be imposition of penalty on association office bearer.

Yogendra Singh Rajawat
Advocate, Jaipur
12325 Answers
13 Consultations

4.6 on 5.0

  You can submit the copy of the deed of declaration even at this stage and can give a letter excusing yourselves for the lapse which was due to  oversight and not intentional.

The general body meting and election to new office bearers are to be conducted as per the bye laws of the society.Other provisions include duties of office bearers, the process of voting, charges, and encumbrances against each apartment. 

The Karnataka Apartment Ownership Act of 1972 (KAOA), which came into force in 1975, encourages homeowners to form associations on democratic grounds. These associations ensure a smooth functioning within the housing societies and apartment complexes

T Kalaiselvan
Advocate, Vellore
55388 Answers
674 Consultations

5.0 on 5.0

1. Yes it is. 

2. By filing the same with registrar. 

3. The registrar may take action against you for the same. 

4.no 

Prashant Nayak
Advocate, Mumbai
11738 Answers
19 Consultations

4.8 on 5.0

  1. Whatever there has been mentioned in the act, must be strictly followed by the association registered under it though there is no criminal liability on the non compliance of the act.
  2. Yes, it is mandatory to hold the AGM every year, and if the same has not been able to conduct then there must be an affidavit by the society to the registrar’s office stating the reason for not doing so, and that has to be done at the time of the renewal of the society.
  3. Deed of Declaration is not mandatory to be submitted immediately after the formation of the society as it may take time to make the same, now also society can submit the same after stating reasons in writing to the registrar’s office.

Sanjay Baniwal
Advocate, South Delhi
4787 Answers
11 Consultations

5.0 on 5.0

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