Registration of association of apartment

Querist : Anonymous (Querist) 24 July 2024 This query is : Resolved
Under which clause of any act there is a need for mandatory registration of association of apartment is required?

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While registering an apartment association isn't always mandatory under law, doing so provides legal standing, allowing the association to sue or be sued. Different states have varying regulations, and registration can be pursued under the Societies Registration Act or specific Apartment Owners Association acts. Engaging a consultant is recommended for navigating the correct legal procedures.

T. Kalaiselvan, Advocate (Expert) 24 July 2024
An unregistered association is not a legally valid entity hence it neither can be sued nor it can sue

kavksatyanarayana (Expert) 24 July 2024
Registration of Apartment (Owners) welfare) The association is optional per rules under the Societies Registration Act, of 1860, amended in 2001. But to get more benefits and for legality, you shall go for registration of the society.

P. Venu (Expert) 25 July 2024
What are the facts? The issue is a State subject. There are different norms laid down by different States.
There is no mandatory requirement that an association be registered. Even an unregistered association can sue and could be sued.

Querist : Anonymous (Querist) 25 July 2024
Under which clause condominium shall be registered

T. Kalaiselvan, Advocate (Expert) 25 July 2024
You can register it as a society or under apartment owners association act also.

An unregistered association cannot be sued nor it can sue becasue it has no legal status.

it will be considered as bunch of members together hence any member doing any fraud or acts of misappropriation the individual only can be held liable and also the association cannot take any legal action against its members as a body

Querist : Anonymous (Querist) 25 July 2024
but condominium and societies are different things how can it be registered under societies registration act and under which section?

T. Kalaiselvan, Advocate (Expert) 25 July 2024
Instead of clarifying each and every petty information about this and still doing a mistake without understanding what has been informed, it is advisable that you engage the services of a consultant in local and proceed as per proper procedures of law.

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