since you are apartment association you should have been regsitered under provisions of KAOA

2) in KAOA Declaration and Deed of Apartment ought to have been 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

3) Section 3 of the societies act defines the various types of societies that can be registered under the act and none of them meet the definition of an apartment association.

4)Under KOFA 1972, section 3, subsection 2(h), and KOFA Rules 1975, section 5(d) the builder/promoter is obligated to state the “precise nature of the organization to be constituted of the persons who have taken or are to take the flats or apartments”.

5) 

however if 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

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

Without registration, society has no legal existence. It will be a ground of people. So registration is must to form society and obtain benefits of society laws. 

Can dissolve the society by majority vote and than can register under KAOA.

Hello,

1. It is absolutely legal and valid to have the complex to have been registered under 

Society Registration Act. The Act has undergone several amendments over the years in different states to suit the needs of the changing times.

2. Now, if you want to register under Karnataka Apartment Owners Act 1972, you will have to de-register and seek permission to register under Karnataka Apartment Owners Act 1972. This should have the approval of the members and the Registrar.

1. It is legal.

2. No need.

You can do the same as per the nature of your place. If it's an apartment them you can opt of the apartments owner Act or continue with KSRA any one of the same will do. 

1.  Yes it legal under society registration act however if you now want to change it under KAOA, 1972 you need to de-register and apply for fresh registration under the act 

Yes, both are possible provided all of you need to pass a resolution in SGM or AGM authorizing office bearers and members of managing committee to de-register from Society registration  by submitting it to dy Registrar and apply before competent authorities for the registration under Karnataka Apartment Owners Act 1972.

Furthermore it is legal  to have registered under Society Registration Act .

1. Yes , this is legal but it should have been under entrapment ownership Act which is a special law on the real estate. Society registration Act applies more specially to NGOs, Trusts etc.

2. Yes you can dissolve the society and for a flat owners association under Karnataka Apartment Ownership Act.

Dear Sir, you need to register your apartment under Apartment Owners Act-1972

Dear Sir,

Both the laws are similar in nature and the society and the association will serve the same purpose.  

1. It shoud be under KAOA.

2. Yes

The Karnataka Apartment Ownership Act of 1972 (KAOA), which came into force in 1975, encourages homeowners to form associations on democratic grounds.

In Karnataka, there is a general confusion about whether apartment associations must be registered under Karnataka Apartment Ownership Act 1972 or Karnataka Societies Registration Act 1960 (KSRA).

By law, the KAOA is the provision. But, the confusion arises because there is no authority specified for it to register the association through the Registrar of Cooperative Societies is regarded as the competent authority in this regard.

However, note that you have the provision to tackle issues if you go by the rules of the KAOA. When it comes to the KSRA, the powers are well laid out and therefore, it paves way for such confusion.

At this juncture, it is important to mention that while the KAOA deals with apartment complexes, the KSRA's jurisdiction involves- literary, scientific, charitable and other organisations.

As of now, those registering their apartments along the KSRA guidelines, generally put in a 'welfare' motive in the clause.

However if the association decides to re-register the association with the Karnataka apartment owners association Act, 1972, in a general body meeting, it may be decided by passing a resolution.

In my personal opinion, there is nothing wrong in continuing with the existing registration itself.  

Every apartment owners should form an association and get it registered with the Registrar of Societies now with Asst Registrar of Co operative societies

In order to register a society there must be memorandum of association and bye laws. 

in KAOA All the owners have to come together to get the association registered. 

Documents Required in 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 owners, Sale Deeds 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.

Yes you should register under KAOA, 1972. That is correct. You don't have to register under the society registration act.

1. An apartment association should be registered under Karnataka Apartment Owners Act 1972.

2. Apartment association does not fall within the realm of societies contemplated for registration under Karnataka Societies Registration Act.

3. Since the association has been registered under Societies Registration Act it cannot be registered under Karnataka Apartment Owners Act 1972 unless the registration under Societies Registration Act  is cancelled.

4. The association can file a suit for cancellation of the registration under Societies Registration Act. Once the court cancels the registration under Societies Registration Act the association can be registered under Karnataka Apartment Owners Act 1972.

Yeah society should be registered under Karnataka apartment owners act 1972 registrar of societies and chits to get the complete rights as provided in the two run the society and if required the reference can be taken from the registrar in general operation of the association and development authority in this regard will be the competent authority for any major dispute to decide

 Yes it is legal if your are registered under societies registration act no need to change the registration under KAOA act.