Right act for apartment association registration in bangalore
Sumit
(Querist) 08 April 2016
This query is : Resolved
Hey Guys,
I was reading online and there are 2 Acts suggested to register an Apartment's Association in Bangalore, namely
1. The Karnataka Societies Registration Act 1960 (KSRA)
2. Karnataka Apartment Ownership Act, 1972 (KAOA)
Reading through the details, it seems KAOA is the right Act, but some blogs are saying its difficult to register under the same.
https://novojuris.wordpress.com/2013/12/18/registration-of-residential-apartments-karnataka/
Our committee has ended up registering under KSRA, but as it does not seem right, I wanted to know what could be the implications of this move? Though I do not have data, but I feel this might hurt us in long run. Can someone please put some light on this?
Thanks
r.sathyanarayanan
(Expert) 08 April 2016
even though the apartment act came in to force the implementation was very poor in many states for eg ,the state would not have appointed the designated authority.
so pl check on this aspect and act accordinghly,
Sumit
(Querist) 08 April 2016
Thanks Sathyanarayanan for your suggestion.
Do you know anything specific for Bangalore, Karnataka on this?
Devajyoti Barman
(Expert) 08 April 2016
Same sorry state of affairs is with the state of west Bengal as well.
Sumit
(Querist) 11 April 2016
Can anyone help here?
Adv. Yogen Kakade
(Expert) 11 April 2016
You can search for a local lawyer in the lawyers search column of this website and get connected with him.
Adv.Aiyer VLV
(Expert) 05 May 2016
MR Sumit
KAOA, 1972 had stated merely that the Authority shall be Registrar or cooperative society.
This Act hasn't created a new type of entity, like LLP Act did.
Hence I say that under KAOA registration is to be under 1959 Karnataka Cooperative Societies Act, 1959 and reference be made about formation is as per mandate of KAOA and
KOFA, provides
Section 2(d) ‘Registrar’ means the Registrar as defined in the Karnataka Co-operative
Societies Act. 1959 or, as the case may be, in the Companies Act, 1956;
10. Promoter to take steps for formation of co-operative society or
company.- (1) As soon as a minimum number of persons required to form a co-
operative society or a company have taken flats, the promoter shall within the
prescribed period submit an application to the Registrar for registration of the
organisation of persons who take the flats as a co-operative society, or as the
case may be, as a company; and the promoter shall join, in respect of the flats
which have not been taken, in such application for membership of a co-operative
society or as the case may be, of a company.
Thus it is clear that a CoOp or company is what is envisaged in KOFA however since KAOA stipulates registrar of coop as authority, harmonious construction is to form CoOp
Adv Aiyer VLV,
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www.VaraSiddHiVakils.in
