Hi, We are a newly constructed apartment in Bangalore and want to register our apartment association under KAOA act 1972. Need clarity on the below. 1) what should be the minimum team size 2) who can nominate to be part of association 3) can voting be done online or it has to be done using secret ballot and paper proof is required 4) what if a person is not available at the time of election and want to vote. 5) if builder or lanowner has some unsold flats and they are paying 100% and 50% maintenance accordingly will they get to vote in the election 6) how many votes are allowed per flat 7) is there a way to avoid builder and landowner from voting 8) how many days notice has to be given before election 9) Do we need to send notice of election to builder or landowner if there are unsold flats 10) Do we need builder while registering the association at the sub registrar office. 11) what all documents needs to be collected from builder for registering the association Please note that this is a new apartment and the association formation and registration are happening for the first time. Any information with exact sections of the law will help us. Hoping for the best answers and help and within law. Regards, Arun
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Lawyers are available now to answer your questions.
A society must be formed amongst the owners and registered with the registrar office.
A lawyer will make the byelaws of the society and register it.
The byelaws of the society should be in consonance with the KAOA act.
All these things can be very well be drafted by a local lawyer.
A functioning society's byelaws may be taken as reference.
Hi sir, If possible can you answer my queries point to point in detail with sections of the law.
1.you can have till 11 in a MC
2. It's through election with members
3. Online but secretly
4. His availability is necessary but due to pandemic it's important to be online.
5. No only members/owners have right.
6. 1 vote per member
7. Legally they can't
8. 14 days clear notice
9. Yes
10. No but noc may be required
11 sale deed, allotment letter.
You need to appoint a lawyer for the registration of your Apartment Association under KAOA 1972 because it is lengthy process of registration of Association of Apartments with the competent authorities under the by following due process of law.
I would give you lots of section, provisions, circular, ordinance, general resolution, policy changes, amendments, bylaws and Act passed by Central Government and State Government wherein process of registration of Association and Society differ from various points of view and facts which is very difficult to guide you under chat.
Please approach and appoint full time lawyer who may guide you on every stage and as per required strength of your Assessment and capacity of total No of flats,Apartment, members,Area of Apartment Association, urban development and District management through various departments and agencies of Government. It includes and involves core meeting and discussion for formation of Association of Apartments between members and leaders of Association with the lawyer to initiate appropriate proposals and process for registration based on preliminary enquiry, documentation and application before competent authorities.
1) bye laws adopted by association
The bylaws must provide for the election and constitution of a board of managers, their term of office, powers and duties, method of removal from office and whether or not the board may engage the services of a Secretary, a Manager or Managing Agent.
b) Method of calling meetings of the apartment owners and the quorum of such meetings
c) Election, powers and duties of the president, secretary and treasurer as per the Act
2) voting has to be done by secret ballot
3) personal presence is necessary for voting
4) for unsold flats builder or landowner can voice
5) notice has to be given to all flat owners
6) for registration you need builder presence
7)
Following are the requirements for formation of apartment owners association:
(I) Need seven or more members who must be above 18 years.
(II) Memorandum of association with name and objects of association, details of members of governing body with name, address and occupation.
(III) By-laws (rules and regulations) of the association.
(IV) Fee for registration
8)
documents for legal handover from the builder.
1. Deed of Declaration under 1972 Act.
2. Occupancy Certificate
3. NOC – Airports Authority of India
4. NOC- Ministry of Environment & Forests
5. Karnataka State Pollution Control Board – Consent
6. NOC from BDA for Construction
7. NOC – BSNL
8. NOC – BESCOM
9. BESCOM Approvals for Transformer & LT Panels.
10. BESCOM Sanction letter and Deposit Receipts
11. NOC- Karnataka Fire & Emergency Services & Conditional
12. Gas Approvals From Oil Corporations & Allotment Order
13. BDA Approved Plans & Modified Plans
14. Lift Approvals from Deputy Chief Electrical Inspector
15. BWSSB Sanction letter/Payment Receipt copy
16. List of Club House Movable Assets
17. Hand over of DG, Transformer & Fire Pump Details
18. Sump & Tank Capacity Details
19. Hand over -STP Pump Details
20. Hand Over – Pump Room Asset Details
21. Hand Over – Swimming Pool Room with List of Assets
22. Hand Over – Sewage Treatment Plant ……….KLD
23. Hand Over – Play Area Assets
24. Hand Over – Basement Fire Hydrant Equipment Details
25. Hand Over – All Block Yard Hydrant Equipment Details
26. Hand Over – Fire Hydrant Details Block wise
27. Hand Over – Fire Extinguisher Details
28. Hand Over – Security Room Main Gate
29. Hand Over – Gas Bank Equipment Details
30. Hand Over – Gym Room Equipment
31. Hand Over – Club house Key List Details
32. Hand Over – Common Area Key list Details
33. Hand Over – List of Manuals & Service Report Files
34. Hand Over – Fire Pump Details
35. Hand Over – List of Architectural Working Drawing
36. Statement of Maintenance Deposit or Corpus Fund
37. Renewals – Annexure – E
38. Address Book of all the Flat Owners.
39. RR.No. Of all the Flats
40. Title Deed
Your query has been replied to
1. Any number bug beyond 50% of total flat owners.
2. Every owner who applies for registration and later each of them are its members.
3. Only in physical form.
4. He can delegate his power to another family member.
5. No one if the flats are unsold.
6. One
7. No
8. See the model bye laws of the Act.
9. Its optional
10. No
11. Your respective sale deeds, building plan, OC , CC etc.
1. President, Vice-President, GS, Chashier, (Joint Secratery, optional) few staff members.
2. Owners of the Property can be nominated.
3. If KAOA gives permission than you can hold online elections.
4. Physical presence is not required for online election, if elections are held on paper proof than postal votes can be used.
5.yes
6. One
7. Remove their name from the final voter list stating that they are not the owners of the flats
8. 15 days min.
9. Not required
10. No
11. OC CC
To get registered under this Act, require at least 4 apartments to form a building. All the owners have to come together to get the association registered.
Owners can be part of association.
Both. Ballot or online.
Vote through proxy.
5, 6, 7 .One flat one vote.
Election within 3 months of registration. Same is notice period maximum not more than 3 months
Notice will affix on office or general declaration of election.
10. NO
Declaration form builder. If builder/ promoter is not co-operating in registering, there is other way out.
1. Minimum team size depends on the bye laws of your association but it should be odd in number.
2. The person who is owner of flat in society can nominate for post in association.
3. Depends on bye laws of association online voting can also be done.
4. Nothing can be done physical presence is mandatory no-one else can vote on place of members.
5. Yes they will get to vote for flat owned by builder.
6. One vote allowed per flat.
7. No
8. yes notice to be served to landowner and builder for voting in elections
Minimum of seven people is required to form a society.
flat owners .
personal presence compulsory..
only member of RWA can vote .
builder can be a member of association on account of unsold flats.
Each Member 1 vote.
There is no way.
at least 14 days.
Apartment Owners Association is a statutory body that manages and operates all common resources and amenities. The onus lies on the residents that they enroll themselves as members of their apartment owners association or cooperative housing society to safeguard their rights and titles.
As per norms, builders are supposed to form the Association or housing society within 4 months of the sale of 60 per cent of flats in the complex. The apartment ownes association is then to be handed over from the builder. However, if the builder fails to form and register a society, then the residents can form the association on their own.
Apartment Association is pivotal in legal handover of an apartment to the owner from the builder. Before the property can be legally handed over to the owners, the builder has to register the Society within four months of sale of 60 per cent of the flats. In case the builder fails to do so, residents can themselves form an apartment association. Following are the requirements for formation of apartment owners association:
(I) Need seven or more members who must be above 18 years.
(II) Memorandum of association with name and objects of association, details of members of governing body with name, address and occupation.
(III) By-laws (rules and regulations) of the association.
(IV) Fee for registration
Legal hand over from builders
Memorandum of Association and By-laws of the Association are pivotal while forming an association or housing society. Ensure that builder has obtained Occupancy Certificate for the apartment. Occupancy Certificate evidences the completion of the building as per the approved plan and assures its compliance to local laws
Bylaws:
The bylaws form the cornerstone of every apartment. They are a set of detailed rules that will govern the apartment's owners, inhabitants, and staff. Thus, it is necessary to compile a set of bylaws that ensure that the residents of the apartments are not unfairly or rigidly regulated, but also that the safety and quality of the apartment are maintained. The bylaws must also comply with the provisions of the Act as given below;
You can consult a local advocate having experience in the field to explain you all the details you desire to have as well that may arise in future.
Dear Sir,
For the purpose of making the association of owners you are required to make one article of association and memorandum of association containing bye-laws which will contain all the necessary information and answer to all these specific answers.
1. To get registered under this Act, at least 4 apartments to form a building are required , and all the owners have to come together to get the association registered.
2. A power of attorney holder can nominate on behalf of all the owners.
3. Yes, can be done online , as fixed in the resolution.
4.The member has a right to authorise a proxy to vote in his absence.
5. Not mandatory
6. Single
7. No
8. 3 days prior notice to the Management Committee.
9. Not mandatory
10. No
11. Approved Building Plan , Completion Certificate , Occupancy Certificate and No Objection Certificates from from water, fire, pollution and electrical authorities.
