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Surendharan S (Pvt)     13 May 2024

Residents owners association registration

My apartment is recently handed over by builder. There is a confusion as to whether to register  the Residents Association (will will take care of apartment maintenance, corpus etc) under  THE TELANGANA CO-OPERATIVE SOCIETIES ACT, 1964.  OR THE TELANGANA SOCIETIES REGISTRATION ACT, 2001

In each case does govt provide the bylaws or should we prepare one for ourselves using model bylaws?

Appreciate anyone's help in clarifying this as we need to register and initiate corpus transfer etc. 

Regards

Surendharan



Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     13 May 2024

You can get the association registered under apartment owners registration act which will be a proper choice. 

The bylaws framed for this purpose will be applicable. 

Surendharan S (Pvt)     13 May 2024

Thank you sir... But i am not able to find "apartment owners registration act" anywhere in Telangana. If possible can you point me to the right act guidelines,

Mr. Sumitra kumar (Advocate)     13 May 2024

Register under Telangana Co-operative society registration 1964.

 

Thank you. 

P. Venu (Advocate)     13 May 2024

Telangana Apartments (Promotion of Construction and Ownership) Act, 1987 could be accessed at  https://www.indiacode.nic.in/bitstream/123456789/8604/1/act_29_of_1987.pdf.

Choice of the mode of registration is at the discretion of the members. However, in my considered opinion, registration under the Cooperative Societies Act would provide a statutory basis for the functioning of the Society. An apartment association is more or less a voluntary organisation.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     13 May 2024

I agree with Adv. Venu. Registration as a co-operative housing society is the best. It clearly defines the rights and obligations of the members as well as the Society. The Societies Registration Act is useless. Maharashtra and Gujarat have comprehensive acts.  Maharashtra has Model Byelaws. I do not know about Telengana. If Telengana does not have Model Byelaws you can use the Maharahtra Byelaws. It is always better to get the model byelaws from an external authoritative source rather than you try to draft the byelaws from scratch. If you draft your own byelaws disputes can arise. For instance if all the apartments are not of equal size disputes can arise on the question whether expenses are to be shared equally or in proportion to the area of the flat.

T. Kalaiselvan, Advocate (Advocate)     13 May 2024

It is a decision that can be taken by the members in a meeting among themselves after analysing the pros and cons of each forum  of registration 

You can take the assistance of local advocate who has expertise on the subject matter for all such issues 


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