Association Under The Apartment Ownership Act

Though every unit owner has a definite share and individual rights over their unit, the concept of an apartment is similar to that of a joint family. This is the reason why the Karnataka Apartment Ownership Act, 1972, made it mandatory to bring the entire units under the 1972 Act (with the consent of its owners), while forming the association under the Act. Bringing all the units under the administration of a single association will ease the procedures and bring efficient management over the property.

Karnataka Apartment Ownership Act, 1972, made it mandatory to bring the entire units under the 1972 Act (with the consent of its owners), while forming the association under the Act.

In addition to this, registration of the documents required for association before the Jurisdictional Registrar will bring more transparency as well as authenticity to the documents.

There should be one (representing all the unit owners) before the jurisdictional Sub- Registrar office at the time of registration.

If the association is formed by the apartment owners (not by the developer or builder), it is advisable to form an ad-hoc committee of the owners for coordinating with the apartment unit owners, mainly for the purpose of getting consent on the by-laws.

Recommendation:

Please form an ad-hoc committee of the owners with the consent of the apartment owners. For the formation of the ad-hoc committee, a meeting can be called with the apartment owners or else a selection can be done through online platforms like Google groups, Zoom meetings etc.

LEGAL PROVISIONS

The Act applies only to those properties where the apartment owners submitted the property under the provisions of the Act by duly executing and registering a Declaration as prescribed under the Act. (Section 2)

The Apartment owners should execute a declaration that they submit their respective apartments to the provisions of this Act and the deed of apartment in relation to their apartments in the manner prescribed for the purpose. (Section 5)

Administration of every property shall be governed by by-laws, a true copy of which shall be annexed to the declaration. No modification of or amendment to the by-law shall be valid, unless set forth in an amendment to the declaration and such amendment is duly recorded and a copy thereof is duly filed with the competent authority. (Section 16 (1)

Dec 9, 2022