• Ksra vs kaoa

Hello Sir,

Our apartment is in Bangalore under BBMP limits. I have few questions about getting the apartment association registered under KSRA (Karnataka Societies Registration Act) vs KAOA (Karnataka Apartment Ownership Act).

1) Can we register our apartment association under KSRA and then later change to KAOA ? This is required because KAOA registration process seems tedious and for collecting apartment maintenance we need Bank account, for which immediate society registration is needed.
2) What are the additional challenges we will face after registering apartment in KSRA and then trying to convert it to KAOA, as compared to getting it directly registered to KAOA?
3) Do we know any apartments in Bangalore which converted association registration from KSRA to KAOA , is there any lawyer experienced in doing so ?
4) What are the challenges with respect to UDS (Un-divided share of land) or ownership of flats we may face as residents, if an apartment association is registered to KSRA ?
Asked 4 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu

1.  It would be better that you register the association under KAOA act now itself so that you dont face problems in future.  The hardships you may face to cancel the registration done under KSRA and to register under KAOA at a later date would be mush more problem then.

 

2.These are practical problems which will arise on the event taking place hence cannot be predicted.

3. You may look for one in the local

 

4. 

The Karnataka Societies Registration (KSRA) Act of 1960 and Karnataka Apartment Ownership Act (KAOA) of 1972 have 6 notable differences amongst them. They are as follows:

1. Eligibility / No. of Persons 

KSRA – 7 members who are above 18 years can get the association registered.

KAOA – 4 apartments to form a building. All the owners have to come together to get the association registered.

However, this tedious process can be avoided by execution of power of attorney from all apartment owners in the name of one, to submit their property under the association.

2. Documents/Processes 

KSRA –

• Application
• Proceedings of the first Meeting;
• Memorandum of Association;
• List of members of Executive Committee with name, address, occupation, age and signature; and
• Bye-laws of the Association

KAOA –

• Year of Construction of the Apartment Building.
•  Sanction Plans, Approval Plans and Occupancy Certificate of the Apartment Building.
• Declaration and Deed of Apartment 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
• Khata to be changed in the name of the owner (s)
• Sale Deed/s of the Land on which the Apartment Building exists.
• No. of Owners in the Apartment Building and Sale Deeds of such owners.
• Prospective name of the Apartment Association/ Society.
• No-Objection Certificates from local Bodies.

3. Time of Registration

KSRA – The moment 7 members above the age of 18 years consent becoming members, and registering the Society/ Association.

KAOA – Only when all the owners are present and come together with their consent.

4. Authority – 

KSRA –

• Registrar- officer appointed by the State Government;
• where no such officer is appointed, the Inspector General of Registration in Karnataka.

KAOA –

Jurisdictional office of the Sub Registrar

5. Annual Compliance

KSRA –

a) General meeting: Every society registered under this Act shall hold every year a general meeting called the annual general meeting at which: report of the management of the society for the previous year, audited copy of the balance sheet, income and expenditure and account and the auditor’s report shall be submitted for approval.

b) The first annual general meeting shall be held by a society within 18 months of its registration. The next annual general meeting of the society shall be held within 9 months after the expiry of the first annual general meeting.

• Balance sheet and annual list of governing body to be filed with Registrar: On or before the 14th daysucceeding the day on which the annual general meeting of a society is held.

• To be filed with the Registrar names, addresses and occupations of the members of the governing body then entrusted with the management of the affairs of the society copy of the balance sheetand income and expenditure account audited by a person who under section 226 of the Companies Act, 1956 (Central Act 1 of 1956), can act as an auditor of companies.

• Accounts: The governing body of every society registered under this Act shall keep at the registered office of the society or at such other place in the State as the governing body thinks fit, proper books of account with respect to
(1) all sums of money received and expended by the society and the matters in respect of which the receipt and expenditure takes place;
(2) all sales and purchases of goods by the society; and
(3) the assets and liabilities of the society.

KAOA –

No Annual Compliances mandatory under the Act. However, governing powers need to be captured under the Bye-laws of the association.

6. Stamp Duty and Fees

KSRA –

a) For Registration of Memorandum of association and rules and regulations of Society under Sub-section (1) of section

i) if society is situated within Bangalore Metropolitan Regional Development Authority limits: Rs. 1000/-

ii) if society is situated in any other area: Rs. 500

KAOA –

Stamp Duty will be ascertained upon production of the Declaration of Deed and other documents prescribed above.

T Kalaiselvan
Advocate, Vellore
57900 Answers
730 Consultations

5.0 on 5.0

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

 

2) in case any flat owner is aggrived he has to obtain court orders for cancellation of registration under KSRA and registration under KAOA

 

3) number of lawyers on this website from Bangalore 

 

4) contact any of them 

 

5)

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.

6) In a cooperative society setup, the building, common area and land is vested with the cooperative society

7) 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

Ajay Sethi
Advocate, Mumbai
68149 Answers
4114 Consultations

5.0 on 5.0

1. Well , an association once registered under one Act is not possible to de-register it and get it registered again under another Act.

2.The conversion is more possible.

3.There is none since this is not legally permissible.

4.There is no challenges to be faces. The undivided proportionate share in the land of each flat owners remains unaffected irrespective of the Act under which the association is registered. In neither of the Acts you have mentioned there is such problem in this regard.

Devajyoti Barman
Advocate, Kolkata
17972 Answers
258 Consultations

5.0 on 5.0

You need to register in under only one entity which is applicable to your association. 

I will not suggest you to do so as it will be very tedius to change the same. 

 

 

Prashant Nayak
Advocate, Mumbai
13803 Answers
23 Consultations

4.6 on 5.0

Dear

Once you register the association under one act it can't be registered again under any other act and it is also not permissible to convert the registration from one act to another. 

The challenge you can face is refusal of registrar to register again in other act. For conversion you can need the order from court. 

You should contact a local Advocate from Bangalore to collect more knowledge about conversion of registration.

There are no challenge regarding un divided share as the common area will be under the control of Society Association.

Mohit Kapoor
Advocate, Rohtak
4258 Answers
1 Consultation

5.0 on 5.0

Under KAOA ownership of land vest in owners whereas in KSRA, society owns the land. In KSRA every owner will govern by bye laws but non in AOA.

Society will dissolve than AOA can be formed. Dissolution procedure will follow.

 

Yogendra Singh Rajawat
Advocate, Jaipur
14010 Answers
18 Consultations

4.6 on 5.0

contact local lawyer regarding ksra vs kaoa. You can search for a local lawyer in the lawyers search column of this website and get connected with him.

Mohammed Mujeeb
Advocate, Hyderabad
11053 Answers
4 Consultations

4.5 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you wish to get it registered under the former then to later one law.
  2. Yes, there is nothing on the law which can stop you for doing the same and you can very well go for it.
  3. But, at the time of making any change as you have mentioned then you will have to give a reason to getting it changed now from that to the present.
  4. And that is also to justify before the law of the place to show your bonafide in doing so at that time also and now with reasons.

Sanjay Baniwal
Advocate, South Delhi
4923 Answers
11 Consultations

5.0 on 5.0

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