Apartment association
Querist :
Anonymous
(Querist) 11 November 2022
This query is : Resolved
My sister purchased an apartment in Bengaluru in Feb. 2007. The owners of the building have now decided to form an association and get the same registered. Which is the relevant Act under which the Association is to be registered? Is it the Karnataka Societies Registration Act, 1960 or the Karnataka Apartment Owners Association Act? There is an intruder from the builder who has settled in the building forcibly since 12 years. Which Act will give the owners more powers legally to get him evicted peacefully?
kavksatyanarayana
(Expert) 11 November 2022
The XXXXXXXXX apartment owner's association may be got registered under Societies Registration Act, 1960 (maybe amended). If it is under SRA/RERA, it shall be registered under Cooperative Housing Societies Act.
Dr J C Vashista
(Expert) 12 November 2022
Karnataka Apartment Owners Association Act
Querist :
Anonymous
(Querist) 12 November 2022
Is it a void registration of the association if registered under Karnataka Societies Act of 1960
Querist :
Anonymous
(Querist) 12 November 2022
Is it a void registration of the association if registered under Karnataka Societies Act of 1960
Read more at: https://www.lawyersclubindia.com/experts/apartment-association-745491.asp
kavksatyanarayana
(Expert) 12 November 2022
What is your problem? your query is answered. Yes, Karnataka Societies Registration Act.
Dr J C Vashista
(Expert) 13 November 2022
Provision of Section 2 & 3 (a) to (e) of Karnataka Apartment Ownership Act, 1972 is abundantly clear wherein it provides as:
2. Application of the Act.- This Act applies only to property the sole owner or all of
the owners of which submit the same to the provisions of this Act by duly executing and
registering a Declaration as hereinafter provided:
Provided that, no property shall be submitted to the provisions of this Act, unless it is
mainly used, or proposed to be used for residential purposes.
3. Definitions.- In this Act, unless the context otherwise requires,-
(a) “apartment“ means a part of the property intended for any type of independent
use, including one or more rooms or enclosed spaces located on one or more floors (or
part or parts thereof) in a building, intended to be used for residential purposes and with
a direct exit to a public street, road or highway or to a common area leading to such
street, road, or highway;
(b) “apartment owner” means the person or persons owning an apartment and an
undivided interest in the common areas and facilities in the percentage specified and
established in the Declaration;
(c) “apartment number” means the number, letter, or combination thereof designating
the apartment in the Declaration;
(d) "association of apartment owners" means all of the apartment owners acting as a
group in accordance with the bye-laws and Declaration.
(e) “building” means a building containing four or more apartments, or two or more
buildings, each containing two or more apartments, with a total of four or more
apartments for all such buildings, and comprising a part of the property;
Querist :
Anonymous
(Querist) 15 November 2022
Kavksatyanarayana, what is your problem? If you do not have tolerance, why do you respond to a query. May be you were born with a golden spoon with no humanity. Thanks to all the other friends who responded here.
Querist :
Anonymous
(Querist) 15 November 2022
Expecting a response from kavksatyanarayana
Querist :
Anonymous
(Querist) 15 November 2022
RERA/SRA, were they active in 2007, kavksatyanarayana??
Dr J C Vashista
(Expert) 16 November 2022
Mr./ Ms. Anonymous,
You are seeking obligation of experts on this platform, wherein Sh. Kavksatayanarayana is one of senior most very rich experienced expert on the subject, any personal comments is not appreciated, please note .
Please do not reply and close this thread.
Thanks and Regards
