Forming a seperate association

No it is not possible to form a second or an alternate association within the same premises though there may be two blocks.  Legally not valid.

Sir,  Thank you for the response.

Does it mean, we have to keep seeing our block/building/structure being damaged/deterioated infront of our eyes? Since this is unregistered with registrar  - there is no meaning in approaching registrar to get a resolution. I strongly feel there should be a legal approach to this issue.

-Sreeni

As your Association is not registered it is not a legal entity. You can do anything and sky is the limit.

You can form an Association to the part to which you belong and apply for registration. If there are legal or physical issues which are now inseparable you have to find a feasible and fair way of separating the two. After that you call a meeting of members on your side, form or elect a provisional committee for your part and write to the individual members on the other side stating your intention, reasons and justification for your proposal. The first reason which you can give is that as now you are not having a registered association you would like to form an association and register it.

If the other side agrees and the issues, if any, are resolved, you take further necessary action for the registration.

What you can do or cannot do if the other side doesn't agree will depend on the issues involved.

Please ask me if you have further questions. Most importantly state where in India is your association.

Dr. Ramani sir,

Thank you .. we are situated in Bangalore.

You are right that this being unregistered and our building being ignored for developments, we decided to form a seperate one.

Regards

-Sreeni

There are two Acts in Karnataka under one of which you can get registered. One is the Karnataka Apartment Owners' Association (KAOA) and the second Karnataka Societies Registration Act. The latter is a general act, which almost each and every State in India has got. Most NGO's are registered under the second Act.

KAOA is a tough Act which consolidates the ownership of each individual flat owners and makes the flat an inheritable and transferable property. But registration under the Act is also difficult, particularly since you have a common Deed-of-Declaration. But if the people in the other wing also give co-operation it can be done. Most importantly you have to address the issues that may arise due to the separation.

Registration under KSRA is easy. For any kind of association the bye-laws are the most important things. I suggest that you get hold of the bye-laws of another association with long experience and draft your own. Also since you want to carry out repairs make sure that the bye-laws give sufficient powers to compulsorily collect funds from members and to do all that is necessary to get the repairs done.

You call a meeting elect a Managing Committee, adopt the bye-laws and then approach the Registrar's Office.

You consult the Registrar's office before choosing a name for your association.