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THE APARTMENT OWNERS ASSOCIATION HAS TO BE NECESSARILY TO BE REGISTERED ONLY UNDER KARNATAKA APARTMENT OWNERSHIP ACT 1972 ONLY

 
 
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THE APARTMENT OWNERS ASSOCIATION HAS TO BE NECESSARILY TO BE REGISTERED ONLY UNDER KARNATAKA APARTMENT OWNERSHIP ACT 1972 ONLY
by System Administrator - Tuesday, 16 August 2016, 4:03 PM
 

By: M.S.Yatnatti: Editor and Video Journalist Bengaluru:About 500 "apartments projects” underway in and around Bengaluru around 60,000 new units .The Karnataka Apartment Owners Act 1972:This act deals exclusively with apartments that are residential in nature. Apartments are termed as transferable properties that are also heritable under this act. In order to register the apartment complex under this act, all apartment owners will need to come together and sign the particulars, which can be quite an ordeal.

The Registration Procedure::Given below are a few facets that you'll need to know while getting your apartment registered under the Karnataka Government:The Declaration should be registered properly under the Registration Act of 1908.The deeds involved with the house will also need to be registered with the Registration Act of 1908.The floor plan of the particular building should also be duly registered under the Registration Act of 1908.Along with the registration of the building's Declaration, extensive details about the building should also be filed along. These details should include the building's layout, the location of the building, and the number of the particular apartment. The apartment's dimensions will also have to be accurately mentioned in the details. This is very important.The building's name should also be specified in the details provided. If the particular building has no specific name, it should be mentioned that the building does not have a name.All these above mentioned details should be properly verified by an architect, who will need to release a statement mentioning that the specified details are correct.This statement should then be run through some local authorities under whose jurisdiction the particular building falls, who will, in turn, verify the same and approve it.If the submitted plans do not include the verified seal of a practicing architect, then the plans should have an amendment attached to them when they are submitted. This amendment should certify that the floor plan mentioned in the documents, the name of the house specified and the dimensions of the building are all accurate and true. This is also very important.The registrar or sub registrar will then register the declaration and deeds involved under the Karnataka Government through an act that was made effective in 1908.This is the general registration procedure involved in registering an apartment and the apartment association under the Karnataka Government.

There are few major steps in the KAOA. First step: THe builder/promoter declares his /her intention to submit the property to KAOA to the purchasers and includes it in the sale agreement. Then they go to the sub registrar and declare a Deed of Declaration. The Deed of Declaration is a complete description of the property and its amenities and the different types of units (2 BHK, 3 BHK etc.) therein and a tabulation of percentage ownership of each unit. A copy of the sanctioned plan is also to be filed. Second Step: Upon filing of the deed of declaration, the subregistrar is to make an entry in a book of apartments with a list of all the units and their percentage undivided share tabulated. Third Step: The transfer of property happens by registering the deed of apartment which references the deed of declaration with registration details. Fourth Step: The sub registrar updates the book of apartments with details of the registered apartment deed details .Fifth Step: A notarized declaration to be executed by apartment owner submitting themselves as well as all heirs or future purchasers to the KAOA rules and regulations, called the Form B. Sixth and Final Step: The association that is formed with office bearers (which can be formed well before 100% of the apts are sold) informs the "competent authority", defined as the registrar of cooperative societies of this new apartment community along with certified copies of registered deed of declaration, refgistered deed of apartment and Form Bs. Now, this last step is where the major problem is. The registrar of coop societies is refusing to do their duties whichas been notified by the government by publishing the act and rules in the state gazette nearly 40 years ago. In my view, the first five steps by themselves have enormous value as it establishes clarity in the property details and ownership and the willingness of all owners to adhere by KAOA rules. The word inform is a loosely used word in the act. The association can certainly inform by sending all these documents by registered post even. The fact that the competent authority has no procedure to acknowledge and provide an association number or something along those lines is pathetic, but not a problem since one would have executed all the steps required.There may be technical issues with KAOA, but it is far superior and meaningful compared to KSRA Act. It is useless to register an association under Societies Act. It gives you no protection whatsoever. It has become customary for many advocates to spread this information that associations can not be registered under KAOA. This is simply untrue. The technicality of a 'Competent Authority' not having defined procedure is a minor issue in KAOA. Association can live on without a number to identify it!