Our layout in Bangalore was developed by a private developer and the plots were sold to various people. The developer had a clause in the sale deed indicating that the purchaser has to become member of the to be formed association, mandatorily. The developer did not form an association. So few members of the layout collectively formed a welfare association and registered the same under KSRA. The by laws have clause indicating that the residents of the layout should become members on acquiring ownership.Now only 50% of the site owners in the layout are members of the association. There are no common area that is owned by the residents collectively. The layout is yet to be handed over to BDA/BBMP. The developer who collected money for layout maintenance is carrying out the maintenance. The layout has parks / roads that require maintenance, besides the issues relating to security, water and power needs to be taken up with civic authorities. The association is now looking into the welfare of the residents but are clearly short of funds, as the maintenance provided by the developer is inadequate. My questions are: 1) Can the association have the legal right to pursue with the site owners to force them to become members of the association? 2) Can we charge maintenance charges at different rates such as based on the extent of land ownership and collect from the residents in the layout? The relevant provisions are available in the bye-law. The question is whether the welfare association registered under KSRA can have varying maintenance charges based on the extent of land holding. 3) Is KSRA the right act under which the above association has to be registered or is there an alternate required? Is it possible to remedy now, if it is not correct.
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1) it is responsibility of developer to form association
2) you should have obtained consent of all flat owners to form association if builder failed to do so
3) maintenance charges can be as per bye laws approved by registrar
4) you should call extra ordinary general meeting of all flat owners and request non members to join association
1. Becoming member of an association can never be made mandatory unless through sale deed they have stipulated to fo so.
2. However a non member can be deprived if from accessing common facilities and services. The maintenance charge should be imposed on areas of glatcor plot.
3. The majority flat owners can register a separate association under Katnataka Apartments Ownership Act which is more equipped to deal with such situation.
1. They can't force you.
2. It's actually common and uniform but some societies prefer it as per the sq ft area.
If the developer does not initiate the formation of Association , owners can do so on their own.
the maintenance charge is charged equally among all owners. The second part includes the area based charges.
In KSRA 7 members above the age of 18 years consent becoming members, and registering the Society/ Association..
Ours is not a gated community and it is also not an apartment. It is a residential layout with public roads. Can we still register the association under KAOA. Does the registration under KAOA requrie cooperation of developer and all site owners in the layout? What is the process of de-registering from KSRA if we have to register the association under KAOA?
1. IF Purchase Deed states that Membership of Association /Society is Mandatory, THEN Flat Purchasers become bound by the agreement terms. This is also applicable to usual Service & Maintenance Charges on per square feet basis or per unit basis.
2. The above can be changed /modified, by majority decision making general body resolution and amendments to the Bye Laws.
3. In Maharashtra, the HC has held that Service & Maintenance Charges shall be compulsorily on per unit basis. ALSO here membership to an Association /Society is voluntary but mandatory.
1. The association is a body registered but the fact is that the builder/promoter has not handed over possession of the common areas to the association including the handing over over of the parks and roads to the competent authorities, therefore the question of maintenance will still fall on the builder only, but you as a body can represent the same to the builder and insist on him about it.
2. The association has been registered under KSRA hence you may go through the bylaws that would enable the association to collect the maintenance charges as well as to make other owners as members of the association.
3. The KSRA may not be the appropriate act under which the association may have to be registered.
You could have consulted the builder or a local lawyer to get it registered under a different act i.e., KAO Act or some other apt act, however since you have already registered under KSRA, you may proceed under the same act.
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
Yes you can register KAOA.
Yes, you can still register an association under KAOA. However for this you need more than 50% of total flat owners.
- As per RERA, the buyer needs not to pay maintenance charges, till he possesses the apartment,
- Further, the builder is not eligible to claim maintenance charge before the completion of the total facilities, and only after completing everything, the builder can ask for maintenance from the buyer.
- Further, when the buyers have taken possession of flat, then become liable to pay the maintenance charge as per rule.
1. Since the builder has not handover the possession after completing all the facilities to the buyers , then before getting the same , the formed association cannot demand any charge , and also cannot force the owner for the same.
2. Maintenance charge should be as per by laws of society.
3. Yes , after cancelling the KAOA .
You can still register it under KAO Act.
An application can be submitted to cancel or surrender the registration already done under KSRA.to the concerned registrar.
You can get it registered even if the developer is not cooperating.
Yes registration of association will need the developer and other owners cooperation
You need to send them your application.
Dear Sir,
The said association can very well force other members to become the part of the association and the maintenance charges are to be charged as per by laws, The KSRA is the right Act. The cooperation of developer is needed.
All situations are under your control.
For registration process and de- registration process of KOAO ,KOFA and KSRA you need a local lawyer practising specifically before Competent Authorities under registration of Society and Associations who would get your work done after reading and scrutinizing all required documents of Society and Associations.
In the present Forum we may guide for steps but unable to disclose all the process of registration of Association and Society due to lack of review of documents under your possession.
Please appoint full time lawyer and assign the work as per specific requirement of your Association and Society.
No association cannot force residents of society to be members of association till conveyance deed is registered in favour of association by developer.
Yes after forming a bye law on collection of maintenance by following due process of making a bye law.
