Yes you can register it under KSA it is valid
We have gated row house (not villa) community, currently registered under Karnataka Society Act 1960. In recent High Court Judgement (Writ Appeal No 974 of 2019 (GM-KSR) and 1206-1211/2019 (GM-KSR), the society registration has been canceled, which was registered with Karnataka Society Act 1960, saying it should have used KAOA 1972. The KAOA 1972 is very specific to apartment, so what is the best suited for our row house community? Also the bank account opened using association registration (under Karnataka Society Act 1960), is that still valid?
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Hi, you need to registered under the Karnataka Apartment Owners Association Act 1972. Even though it is a row house.
Register it under KAOA act
2)inform the bank about cancellation of registration under society act and that your association would be registered under KAOA act
So till, we complete registration under KAOA ACT for our row house community, can we still operating the bank account? Post registration under KAOA, we can inform bank about cancellation of registration under KSA ACT?
1. Earlier Bank Account has become legally infructuous after the HC judgment. Hence it cannot be used for any legal purposes.
2. IT is always easy and convenient to manage a complex of Row houses under an Association Law. Hence duly register under KAOA Act.
Hi, you can operate it and after completing the registration formalities then you can submit required documents for the same bank account.
So, we can't use the earlier bank account for legal purpose, but can it still be used for welfare of society? Till we register under KAOA ACT?
Sir
Apartments are bound to be registered under the Apartment ownership act.
as far as the bank account is concerned, is anything specific mentioned in the High court order regarding the bank account?
kindly move an appropriate application in the High court and take permission to use the said bank account till the new one is opened. do not use without taking a formal permission or it may amount to contempt.
( can be advised better after going through to the judgement)
The high court order (http://judgmenthck.kar.nic.in/judgmentsdsp/handle/123456789/260151) doesn't mentioned about bank account. The link has High Court Judgement
You should first go for registration and transfer all the money to that account and close the previous account. Inform the bank about the cancellation of the society.
You can apply to HC for clarification that you be permitted to operate bank account till registration under KAOA as otherwise affairs of association would come to a stand still
For the purpose association/society, type of construction has nothing to do. And when high court itself have declared than no doubt left.
It will register under KAOA.
After registration, bank account will transfer into association name.
Till association register, let the ad hoc committee work and operate account.
1. Before a formal flat owners' association is registered under any Act, the flat owners can make all such interim arrangements which include opening and operating of bank a/c a well.
2. With the registration of the association under the Apartment Ownership Act the same bak a/c can be continued with the new set of office bearers to operate the ban a/c.
3. However there is no problem if the present a/c is closed and new a/c is opened.
4. For proper interpretation of the high court decision a fresh application can be filed in high court.
Dear Sir,
As regard to bank account, keep the account operative till the association is registered and then close the bank account of the society and open the new bank account on the name of the owners association.
Yes you can use it till you complete the said registration by taking direction of the dy registrar in the same
What order is of High Court in your case? Please mention why the registration was canceled?
Can you Please furnish operative order to answer your questions legally based on the facts mentioned by you in your case.
Body of Association and Body of person would suit for your gated rowhouses community.
When villas are built and eventually occupied, a few questions do the rounds within the new community. There are always common issues to be coordinated with the builder regarding teething troubles, maintenance, handover and several such issues. Normally, a group of owners comes together to coordinate on behalf of the community.
n India, the sale and purchase of immovable property is governed by the Transfer of Property act of 1882. The 1882 act does not cover the concept of an apartment along with its undivided share in land and common areas. So a fundamental step that KAOA does is that it equates the purchase of an apartment with its proportional undivided share as equivalent to an immovable property bought under the transfer of property act. The purchaser is the absolute owner with a clear title to the apartment and its proportional undivided share.
Bank account can be cancelled and opened under the fresh registration of the freshly proposed registration of the association
Yes, it can be arranged accordingly because it involves public money, hence being maintained under a bank account would always be a better option until a new arrangement is made.
You can utilise the funds now available in the current name till such time you open a proper account in the new name of the association registered under KAOA, 1972 and continue to operate the account till then.
You cannot get a judgement solving each and every petty question raised by you.
The judgement is a reference to you and not a judgment to your problem since you are not a party to the case for which this judgment was pronounced.
Certain things are to be understood based on the prevailing circumstances alone.
1. It ought to be registered under KAOA, 1972.
2. Register under KAOA Act, 1972 and then inform the bank with a certified copy of the judgment delivered in Writ Appeal.
3. The bank account will remain valid.
Yes you have to use Karnataka apartment owners act to get your society registered the registrar of societies and chits
1. You may continue to operate the bank account, but initiate the process of registration under KAOA, 1972 immediately.
2. Inform the bank after registration under KAOA is complete.
you can register it under The Karnataka Apartment Ownership Act, 1974.
once you register, you can open bank account .
if court not put any restriction on bank account then you can use and transfer funds into new account.