Registration legality under KSRA
Sripathy
(Querist) 18 June 2017
This query is : Open
We are an apartment association registered as ' SM owners welfare association' under KSRA since 2005,in Mysore,Karnataka.Our sale deeds mention the sale of supebuilt area and registered with sub registrar.
Questions:-
1. Is the registrations illegal(issue raised by one owner) Also his letter to association(secretary) says we have to switch to KAOA without the consent of owners in the AGM.
2. Thereby association should forcibly charge maintence charges as per Sq ft basis.
3. If above is not done by association he can lodge a complaint with the majistrate to force switch to KAOA.
4. Can we introduce Sq ft basis maintenance charges retaining our registration under KSRA.
5. RERA 2016 presumably mention Apartment associations need not registered under any act(self managed)and has the authority to fight litigation in the court of law- need clarifications on this point.
6. If decided to go in for KAOA, is the resolution to be passed in AGM(since will be still under KSRA unless swiched)or can it forced and mandatory as per one owner''s letter as said above.
Need an expert opinion to get moving further following processes under various acts applicable.
Pls also send replies to krsripathy@gmail.com if possible.
Thanks in advance to expert lawyes guiding us on this.
...Dr. Sripathy.
