Apartment Owners Association
Joy P. Joseph
(Querist) 18 June 2011
This query is : Resolved
I am the president of an apartment owners Association.Kochi, Kerala. Certain Owners refuse to pay monthly maintanence charges.so far , We cold not register our Association under The Kerala Apartment ownership act 1955, because the above said act is neither notified nor it doesnt has a Registrar;therefore our association is registerd under Travencore charitable society act 1955. If a case is filed against the defaulters, does it have a legal backing?
adv. rajeev ( rajoo )
(Expert) 18 June 2011
If it is regd., society you will have to act in accordance with the societies act. I think you will to have to file a case before the Asst., Registrar of Societies because defaulters are the society members.
prabhakar singh
(Expert) 18 June 2011
FIRST OF ALL YOU GET PASSED A RESOLUTION AGAINST DEFAULTING MEMBERS TO CHECK AND CURTAIL SOME OF THE COMMON AMENITIES ,SINCE YOUR SOCIETY IS STILL NOT REGISTERED PROPERLY,NOT SO MUCH YOU CAN DO EXCEPT TO FOLLOW THE BY LAWS FRAMED BEFORE REGISTRATION.
prabhakar singh
(Expert) 18 June 2011
FIRST OF ALL YOU GET PASSED A RESOLUTION AGAINST DEFAULTING MEMBERS TO CHECK AND CURTAIL SOME OF THE COMMON AMENITIES ,SINCE YOUR SOCIETY IS STILL NOT REGISTERED PROPERLY,NOT SO MUCH YOU CAN DO EXCEPT TO FOLLOW THE BY LAWS FRAMED BEFORE REGISTRATION AS YOU YOUR SELF SAY:
"We cold not register our Association under The Kerala Apartment ownership act 1955, because the above said act is neither notified nor it doesnt has a Registrar;therefore our association is registerd under Travencore charitable society act 1955."WHICH HAS GONE UN NOTICED IN EARLIER REPLY.
Bovan Cherian Varkey
(Expert) 18 June 2011
Dear sir,
I think you are misled by somebody. The relevant Act is The Kerala Apartment Ownership Act,1983 and it came into force on 1st of August 1985. For details you can contact me at 94470 22265
Thank you.
Best regards
Bovan
