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Pradeep   07 June 2016

Registration of apartment association?

I have recently  purchased an apartment in Nagpur  for which a deed of declaration has been duly executed as per Maharashtra Apartment Ownership Act 1970. Though the builder has not constituted the association formally as he should have , but the dwellers of the condominium have started contributions ,elected  office bearers by consensus and are managing and functioning like apartment association. I am told by other members (and some lawyers too )that this  association needs to be registered . My question is that isn't the process of registration of association  already accomplished with execution of deed of declaration itself. Is there any other requirement that is required to be met for  calling  this  association a regsitered one? 



Learning

 8 Replies

adv.bharat @ PUNE (Lawyer)     08 June 2016

Without registration of Association it is not have any legal status.

First properly registered it.

Kumar Doab (FIN)     10 June 2016

Register the body.

Pradeep   10 June 2016

Kumar Doab, thanks . But my question is 'regsiter body' under which act ?-- cooperative hosuing scoiety act or indian cociety act or society regsitration act. The condominium  is already submitted to provisions of Maharashtra Apartment Ownership Act, MAOA ( 1970). According to section 10 (2)of MOFA (1963), once it submitted to MAOA by executing regsitered DOD then it is illegal to form cooperative housing scociety. Furthermore, MAOA does not prescribe any registration of association formed under its ambit. Can somebody demystify it?

Kumar Doab (FIN)     10 June 2016

You may get in touch with LCI Expert Mr. Hemant Agarwal.

 

T. Kalaiselvan, Advocate (Advocate)     12 June 2016

Today apartment owners association is a vital part of a community livingApartment owners association is an association where all owners of the apartment are members and the association maintains the facilities or amenities available in the apartment. Apartment owners association works for the welfare of residents in the apartment, conducts events or awareness programs and protects the rights of apartment owners. Apartment owners association may or may not be registered; but a registered association has the rights to sue or defend any legal action as well as enjoy legal benefits. An apartment owners association not only has the right to maintain facilities available in the apartment but also has the legal powers to protect its members and defend legal action raised against the association.

Provisions are made in the by-laws of the association for collecting the maintenance charges. Builders usually allow the apartment owners to form their own association and fix the maintenance charges applicable. The cost of maintaining the amenities needs to be shared by the apartment owners and residents in the apartment. There is a misconception among many residents that the price they pay for the apartment is inclusive of the facilities in the apartment that they enjoy. Maintenance is a fee charged for services provided and maintenance of equipment facilitated by the apartment.  The Registrar has the right to cancel the registration of the apartment owners association which fails to meet statutory obligations and in cases where there are huge disputes over the management of the association.

vswaminathan   10 July 2016

To one’s knowledge, based on a close reading and understanding of the spl. state law applicable to ‘apartments’ (MAOA), the law nowhere provides for any ‘formal registration’ with any authority; unlike in case of ‘FLATS’ (GOVERNED by MOFA). For apartments, the formalities/procedure to be followed are as specified in MAOA.

For viewpoints shared, look up the numerous comments personally posted , repeatedly, on websites: e.g. @ https://bangalore.citizenmatters.in/articles/4202-the-apartment-law-you-must-know

 

vswaminathan   10 July 2016

Rider: MOFA and MAOA aplicable in Maharashtra, are in material respects no different but the model/format adopted same as in Karnataka - KOFA and KAOA.

RE Maharashtra, the last known latest of developments was the state having gone ahead with a new legislation , to follow-on RERA ;  whereunder KOFA was 'repealed', thereby leaving MAOA to continue but as modified. According to info., shared in legal circles, the so enacted new law, was deficient and faulty on many counts. However, so far as heard of,there has been no UPDATE thereof.

Of course , in Karnataka, there have been no developments f that kind at all,- and, for decades now; and even after RERA came to be enacted. Anyone concerned / interested hence itching to know more, for self enlightenment, will, on a diligent Google Search, find a plethora of helpful info., / material  , without the need to consult a lawyer or law  expert active  in field practice.

vswaminathan   10 July 2016

Ref Rider

fourth line from top- to correct 'KOFA'.. and instead, read-  "MOFA' was repealed...


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