Registrar - Apartment owners' Association
Querist :
Anonymous
(Querist) 13 July 2010
This query is : Resolved
Hi to all Experts,
The City and Industrial Development Corporation of Maharashtra Limited (CIDCO LTD)is a Corporate body constituted by the Government and is developing the Navi Mumbai. The CIDCO constructed dwelling houses for Upper, Middle and Lower Income group and allotted to the members. The CIDCO by its own formed Apartment Owners' Associations by giving different names and numbers the Plots as Condomonioum. The CIDCO has not given a certified copy of Bye-laws to the Managing Committee of the Associations. It is not clear in the event of disputes of mismanagement of the Association who to approach for getting redress of the disputes either major or minor. For e.g the Housing Societies are governed under the Maharashtra Co-operative Housing Societies Act, and the Societies are accountable to the Registrar. The Co-operative Court is also an option to take up the disputed matter for adjudication. In so far as the Apartment Owners' Association it is not clear with whom the members should approach for eliminating the illegalities being continuously committed by the erring Committee Members. It is not know to the Association with which authority the CIDCO got registered the Association and under which provisions of law. Can any one clarify the correct legal positions and what the remedial measures can be taken in respect of the Aprtment Owners'Associations
sanjeev murthy desai
(Expert) 14 July 2010
Dear Anonymus,
Every Appartment owner's association should be registered under the Indian Society Registration Act, 1860.
Co-operative society can established under Co-operative society act for any purpose including the bussiness. But Apartment owners Association shall established and formed only for welfare purpose under Society Registration Act,1860.
Please gothorugh the Society Registration Act, 1860 you may get the right answer.
Association should call for general body meeting on every issue, and that meeting can finalised the every disputes. Otherwise file a complaint before the Society registrar.. Then authority will take a action against the society/its members under Society Registration Act.
You can get the certified copies of Memoradum of Association and By-laws of Association at jurisdictional Society Registrar office.
Apartment owners association not a co-operative society. It is an organaisation under Society Registration Act.
Querist :
Anonymous
(Querist) 14 July 2010
Dear Desai,
Is there two Registrars? or the Registrar under the Maharashtra Co-operative Societies Act,also given authority under the provisions of Societies Registration Act, 1860 for Thane Region?.
