Against Managers of Owners' Associations, to whom shall one

The City and Industrial Development Corporation of Maharashtra Limited (CIDCO LTD), Navi Mumbai, has constructed dwelling houses in Navi Mumbai and sold to members. The condominiums are governed by the Maharashtra Apartment Ownership Act, 1970. The “Competent Authority” under the Act is the Chief Engineer, Maharashtra Housing Board. But under Section 13 of the Act, the Declaration, the byelaws of the Association that is formed as required under the Act, the sale deeds and other documents shall be registered under the Registration Act, 1908.

Very often I have seen letters in this Forum from members of the Apartment Owners’ Associations, asking whom to approach, if they have complaints against the Board of Managers of the Association. I have seen even lawyers replying that the Association would have registered under the Societies Registration Act, 1860 and any complaint should be addressed to the concerned Registrar. In Maharashtra, every society registered under the Societies Registration Act, should be compulsorily registered under the Public Trust Act also. However these Condominium Owners Associations do not appear to come under the jurisdiction of these authorities. They come under the jurisdiction of the Registrar of Assurances.

If a member of a co-operative housing society has a complaint, he can address his complaint to the Assistant Registrar of Co-operative Societies in respect of the concerned ward. The Registrar generally sends notice to the concerned managing committee to give their explanation and follows up further. I do not know how prompt the Charity Commissioner is in taking actions. Is there any provision under any act for the Registrar of Assurances to entertain complaints against Associations registered with him?

I am eager to hear from the learned members of LCI.