Apartment complex
Bhashyam Kalkunte
(Querist) 11 March 2012
This query is : Resolved
We have an apartment complex consisting of 4 blocks,A,B,C,D. A & D blocks are 3 BR apartments,B & C are 2 BR. Ours is a registered under Karnataka Apt act 1972, under a deed of declaration. Some apartment owners under A & D are thinking of forming separate complex for themselves under supposed grievance from B & C apartment holders. The question is, is it possible to break away and forming their own association under existing legal frame work?
Owner in B block
Nadeem Qureshi
(Expert) 11 March 2012
Dear Querist
it's depends on your contract, they can
V R SHROFF
(Expert) 11 March 2012
YES, IT IS ALLOWED.
Raj Kumar Makkad
(Expert) 11 March 2012
There is no legal hurdle in doing so as this is a human choice and not a legal issue.
V.T.Venkataram
(Expert) 11 March 2012
It is definitely s legal issue. The owners association has been registered under the THE KARNATAKA APARTMENT OWNERSHIP ACT, 1972.Section 24 of the Act states as follows :-
24. Act to be binding on apartment owners, tenants etc.- (1) All apartment owners, tenants of such owners, employees of owners and tenants, or any other
person that may in any manner use property or any part thereof submitted to the
provisions of this Act shall be subject to this Act and to the Declaration and the bye-laws of the Association of Apartment Owners adopted pursuant to the provisions of this Act.
Hence the partment owners under A & D canniot form a different association under this act
H.M.Patnaik
(Expert) 12 March 2012
Mr. Venkatram has analysed the issue properly
in my opinion. In case a a regd. owner's association is in place covering all owners and persons connected with activity of the said association , the bye laws read with Karnataka act require to be studied to find out whether the dissenting group can go ahead
in forming a separate association under the act.
