Registering with apartment owership act
Querist :
Anonymous
(Querist) 07 January 2012
This query is : Resolved
The query is from a resident from Kolkata (West Bengal) who stays in a Housing Society in his own flat. The society is not registered with any authority. He seeks an expert advice as to what are the advantages and disadvantages in getting his housing society registered under either "West Bengal Apartment ownership Act" or "West Bengal Societies Registration Act".
For registration with either of these forums, does he has to obtain the consent of all the flat/unit holders or few interested owners can form the Association/ Society and can approach for registration?
If the Association/Soeciety is registered, can the flat owner be entitled for any relief in Municipal Tax?
The Residential complex is named as "....... Society". Under the circumstance, can this Society be registered under West Bengal Apartment Ownership Act without changing the name to "......... Association".
Please advise.
n ownership flat which has housing complex anybody kindly brief on the
ajay sethi
(Expert) 07 January 2012
it is laways better to be registered as a cooperative society rather than as a association .
if you are registered as a society the advntages are
1)in case any member defaults in payment of maintenace you cna adopt summary procedure for recvery by making application to Registrar . at least in Maharashtra we can make application under section 101 of mahrashtra cooperative society act for recovery of maintenace dues .
2)in case of complaints against other flat owners you can move the registrar for effective redressal of your grievances .
whereas if you are registered under Apartment Ownership Act then you have to move court for redressal of your grievances . .
consent of all members would be necessary . generally at time of construction of buidling builder registers association as a society and obtains consent of all members .
Deepak Nair
(Expert) 07 January 2012
I too agree with the views of Mr.Sethi
Querist :
Anonymous
(Querist) 10 January 2012
Sirs,
The opinions given by the legal practitioners here in Kolkata are contradictory or confusing.
Few suggests that is better to register as Association under West Bengal Apartment Ownership Act, 1972 which will have more teeth. For registering under this Act, according to some, any number of owners can approach the Competent Authority but only the requirement is that the details of entire flats are to be provided to them. Few experts advises that minimum 50% of the Flat owners should join together to apply for registration under this Act. Again, few opines that only registered owners (whose sale deed is already registered with Registrar of Assurance) can only apply for registration under this Act, while some opines that it is not necessary and only Possession Letter issued by the Promoter/Seller would be good enough.
As regards registering under Societies Act, these legal experts opines that these societies will have very limited scope to fight for the benefit of the flat owners as generally clubs, non-profit charitable organisations, etc. are registered under this act and again, within a complex, any number of societies can be registered.
If you the experts are referring for registering under Cooperative Society, I feel it won't be practical at this state because of the following :
1. The Promoter company may not support this move more because they have already sold out the entire flats and got their money and they will know that they will be bound to complete the project as per specification to go for registration under Cooperative Societies Act.
2. The size of the flats, rate/ amount paid by each flat owner varies eg some got the flat purchased at Rs.1,100/- per sq ft while the people who purchased recently had to pay around Rs.4,000/- per sq ft or more.
3. The promoter has also sold car parking space (not only stilt parking but open parking as well) which were originally marked as open area.
4. It will be impossible to get all the flat owners (996 flats and 5-6 shops) to sign the application, as each and every flat owner would be required to be a member of the Cooperative Society.
Can you please enlighten on these.
Regards,
V R SHROFF
(Expert) 10 January 2012
U HAVE NO OPTION, BUT TO BE A MEMBER OF THE cO-OP hSG sOCIETY THAT SHALL BE FORMED.
iT'S BYE LAW WILL PROVIDE YOU BENEFITS ^ LIABILTY
DEFENSE ADVOCATE.-firmaction@g
(Expert) 10 January 2012
