Legal Guidance Required for Resolving Society Management and Registration Challenges Under KAOA

Our society consists of four blocks and is not yet registered under the Karnataka Apartment Ownership Act (KAOA). Three blocks, with 220 flats of almost similar dimensions, are attempting to implement a flat/hybrid Common Area Maintenance (CAM) model. This approach disproportionately impacts the fourth block, which has 108 flats with dimensions ranging from 500 to 1500 square feet. In the general body meetings and association decision-making, the three blocks always have a majority due to their size and the composition of the managing committee (10 members from the majority blocks vs. 4 members from the minority block). This majority often results in decisions that dominate the minority block and neglect services in that block. The minority block residents (108 flats) wish to form an independent block-wise association to manage their block’s finances effectively and adopt a square foot-based maintenance model in alignment with KAOA. For shared amenities such as the Clubhouse, STP, and WTP, they propose creating a joint entity with representatives from each block to prevent conflicts and misunderstandings. However, given the current dynamics, aligning all blocks within the general body and association is practically impossible. The builder-appointed managing committee (14 members) is not registered under KAOA, and the lack of consensus has resulted in a deadlock in registering the Declaration of Deed (DOD). We seek legal advice on the following: 1. Is it legally permissible for a minority block within the society to form an independent association while still participating in a joint management entity for shared amenities? 2. What steps are required for the minority block to register their independent association under KAOA, and how would this impact the unregistered society? 3. Can the minority block enforce a square foot-based maintenance model for their block if the majority blocks favor a flat/hybrid model? 4. How can the deadlock in DOD registration be resolved to ensure compliance with KAOA, particularly if the majority blocks continue to obstruct progress? 5. Are there legal mechanisms to address service negligence issues and ensure equitable treatment of all blocks, regardless of voting outcomes? 6. What are the legal implications of operating under a builder-appointed managing committee, and how can the residents transition to a resident-driven, KAOA-registered association? 7. How can conflicts over CAM models and service allocation be mediated legally to ensure fairness for all blocks? We would appreciate any additional insights or guidance on navigating these challenges. If more details about the conflicts are needed, we are happy to provide them.