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
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?
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
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.
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.
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
1. Yes it is.
2. By filing the same with registrar.
3. The registrar may take action against you for the same.
4.no