• What is appropriate Act under which our gated row house community can be registered - Bangalore

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?
Asked 5 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

28 Answers

Yes you can register it under KSA it is valid

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Hi, you need to registered under the Karnataka Apartment Owners Association Act 1972. Even though it is a row house.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

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 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Continue operation of bank account 

 

after registration under KAOA inform bank 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Hi, you can operate it and after completing the registration formalities then you can submit required documents    for the same bank account.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

Don’t inform the bank now that your registration has been cancelled 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

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)

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

It is valid but only till ypu complete registration under the Other Act.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes that is what you can do.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

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.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

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. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

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. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Yes you can use it till you complete the said registration by taking direction of the dy registrar in the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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. 

 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

If it doesn't mention about bank account than you can continue with it

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

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

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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.

 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Yes you have to use Karnataka apartment owners act to get your society registered the registrar of societies and chits

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

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.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

you can register it under The Karnataka Apartment Ownership Act, 1974.

once you register, you can open bank account . 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

if court not put any restriction on bank account then you can use and transfer funds into new account. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You should register your community under KAOA act. 

You can continue to operate the account with bank and after registration under KAOA act you can send an intimation letter to bank for change of registration of your society or you can open a fresh account as per KAOA act after registration.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer