Apartment act
Ashwin Goswami
(Querist) 27 December 2012
This query is : Resolved
Sir,
Our flat/Apartment situated in Vadodara Gujarat.There is an Act The Gujarat Ownership Flats Act 1973, means any apartment/Flats constructed in the state of Gujarat have to follow this act and as stated in the act members/owners can form Association from the flat owners and hence bylaws which is to follow by all the owners/members.
My question is that if there is an such ACT is existing than what is the necessity of registering the Owners Association? As the sale deed made and register under this act in the office of sub-registrar by individual flat owner. Than why we go for registering the Association either under co-operative housing society or Service Society?can we assume that our apartment is already registered and hence the Association.
If your answer is register the Association than why such Act are made for?
Please give answer in detail Sir.
with regards.
Thanking You.
ajay sethi
(Expert) 27 December 2012
the ownership of flat act relates to rights of flat owners on paying the purchase price to the builder . it imposes certian liablites on the builder . it gives flat ownber right to take posession of flat . builder is bound to execute agreement in favour of flat owners for purchase of flats .however conveyance for the land on which building has been constructed is doen in favour of cooperative society . the formation of cooperative society is advantageeous for members . it results in reduction in maintenace costs , encourages community living , helps in receovering outstanding dues from defaulters by adopting summary procedure . you dont ahve to go to overbudened civil court for any disputes .
