Legality of apartment association

The builder has to file declaration u/s 25 of the Societies Act and 

 The apartment association is mandatrily reqired to be registered with Registrar of Societies. and not with Sub-Registrar.

Sir,Thank you for the clarification !

That concludes that our existing association is not registered.

If the association is not a registered association how mandatory is it to follow all rules/bye-laws that are part of this document. I noticed that many people inteprete the same in their own way and make rules in the building. How correct is this?

-Seenu

The apartments owners association is to be registered with the Registrar of societies.  For such registration, the association has to follow certain procedures compulsorily without which the association cannot be registered. For example, the bye laws of the association are to be framed as per the guidelines given by the registrar office and the memorandum of association should contain all the details of the association members, descripttion of common areas, maintenance charges,corpus fund ad many more aspects including periodical meetings by office bearers, general body meeting to be attended by all members and procedures to pas resolution on any issue, etc.  So interpretation as per their own sweet will and wish will not become rule.

You have posted a similar query elsewhere in this Forum and I have responded there.

From this post I know that you are in Karnataka. Karnataka has an Ownership Flats Act (the exact name may be different) If the Association has to function effectively the managing committee should have defined powers and responsibilities and the rights of members also should be defined. The Ownership Flats Act contain Model Bye-laws also.  Registration under Societies Registration Act will not be adequate.

If your Association is registered under any of the Acts there will be a registration certificate with a number and date of registration. The master copy of the bye-laws will also bear the seal of the Registrar.

If your Association is not registered, you have to initiate action for its registration. Otherwise you have no salvation.

Apology for my delayed response and Thank you for the clarification sir!