Upgrad LLM

forming flat owners association


Hi All, we are planning to form a flat owners association and we have only 8 flats

Please advise whether we can prepare a agreement/draft, get it signed from all 8 flat owners and get signature from a notary public instead of registering.

Please advise

 
Reply   
 
Scientist/Engineer

In the first place say where in India your building is. No advice can be given without knowing that.

 
Reply   
 



Its in Chennai

 
Reply   
 
Scientist/Engineer

The best thing for you would be to form Owners’ Association under Tamilnadu Ownership Flats Act, 1997.  You will be able to get the booklet from any shop selling law books. The booklet gives step by step procedure to register your flats under the Act, so that your ownership of the flat becomes water-tight.  You do not have to go anywhere or approach a lawyer for drafting the agreement, because everything is there in the Act itself. Generally one can register the Association as a co-operative society or under the Societies Registration Act.  As you have only 10 members, co-operative society may or may not be possible. Under the Societies Registration Act the registration will be done in the office of the charity commissioner. In Chennai most apartments register as welfare associations, which is different from the registration under the Ownership Flats Act, though both are with the charity commissioner. A Welfare Association is only a service Association just to look after the common services. An Association under the Ownership Flats Act, on registration becomes the owner of all residual premises and equipment outside of the flats and hence has more authority. Individual flats also become transferable immovable properties. Transfers do take place even without registration under the Ownership Flats Act. But as there is no sufficient experience, one cannot say that problems may not arise in future. The Act itself gives Model Byelaws also. The Association will have to register first adopting the Model byelaws as it is. Later they can be amended, if felt necessary.

 

One final advice: Register as early as possible, because with passage of time members may change or their attitude may change or vested interests may creep in and the members will even oppose registration of any kind of Association.

 
Reply   
 

Hi All,

Ours is a 4 Flat Apartment, we would like to create an association for general maintenance. But the minimum count to form the association is 5.

We thought to open a Bank account at least to keep the building maintenance surplus funds, what is the procedure. Could you please advice.

 
Reply   
 
Scientist/Engineer

All the 4 of you together can open a joint savings account with a bank. The operation can be one person only, specific two persons or in any other mode as you may wish. In the meantime all 4 of you together can execute a Deed, or Memorandum of Understanding setting out the purpose and other matters of your joining together. It can contain all the elements of  bye-laws. You can also register it with the Registrar of Assurances, if you so wish. You cannot form an Association only means that you cannot register under the Societies Registration Act, which is done with the Charity Commissioner of the State.

In which State are you?  Some States have laws for instances like yours.

 
Reply   
 

Dear sir, my flat is located in valasaravakkam chennai. In our building there are 4 flats. At times I'm taking the initiatives reg. Maintenance task is concerned others are not bothered even reluctant to pay their share. If we form an association then every thing may get solved. Kindly advice how we can form association with 4 flats? & can we register our owners association at least 3 owners are agreeing? Your suggestion will really help to bring Peace as far as my total building is concerned.

 
Reply   
 
Scientist/Engineer

I think that you had sent me a PM. You can form a not-for-profit Association under Section 8 of the Company's Act, 2013.
 
Reply   
 

 i want to know the procedures of forming welfare association in Tamilnadu 

 
Reply   
 
Scientist/Engineer

@Sumathi: Where in Tamilnadu are you? How many members will be there in the proposed association?
 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x