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BangaloreHere is good news for prospective or existing flat owners Karnataka, In a recent reply to a Right to Information (RTI) query, the Under Secretary of the Legal Department said that apartment owners’ associations would have to be registered under Karnataka Cooperative Societies Act or the Companies Act.
All these years, the builders registered the apartment owners’ associations at the sub-registrar offices, which denied the apartment owners rights over the land on which they were built. residential Apartment complexes were built.
Under Secretary, Karnataka Law Department M Mahesh BabuSteps to be taken by the promoter as per the Karnataka Ownership Flats (Regulation of Promotion of Construction, Sale, Management and Transfer) Act, 1972, in response to an RTI query by Dhananjay of VS Cozy Apartments, JP Nagar. The minimum number of persons required to form the co-operative society or company has taken the flat for the formation of the co-operative society or company as soon as possible.
The promoter shall, within the prescribed period, submit an application to the Registrar for registration of the association of persons taking flats as a co-operative society, or as a company, as the case may be; and the promoter shall be included in respect of those flats which have not been taken up in such application for membership of a co-operative society or a company, as the case may be.
In response to the RTI application, Babu said, “Until the final decision on the writ petition pending by the High Court of Karnataka, flat owners’ associations should be registered as a co-operative society or a company.”
According to Dhananjay Padmanabhachar, director of Karnataka Home Buyers Forum, the state government giving clarification to flat owners on the formation of Apartment Owners Association is a welcome step.
He said it had also submitted memorandums to the Chief Minister, Chief Secretary, Registrar of Co-operative Societies, IGR, RERA and the Prime Minister of India to give clarity and directions for the formation of flat owners’ association.
Later, the matter was discussed in Vidhana Soudha last year and the Cooperation Minister referred it to the Town Planning and Legal Department for clarification.
“Now, the Legal Department of Karnataka has clarified that the Apartment Owners Association shall be formed in compliance with the Karnataka Co-operative Societies Act 1959 or the Companies Act. Karnataka Ownership Flat Act (KOFA) 1972, Section 10,” said Padmanabhachar.
This will help many flat owners to take the right direction towards forming an associationSameera Bhardwaj from Prestige Lake Ridge Apartment
By forming a cooperative society of apartment owners, the society becomes a corporate body that can assign title to common areas as per section 17 of RERA 2016 and also obtains the status of legal incorporation to sign contracts with service providers . He pointed out that there are many advantages of having a corporate society representing the association of owners.
Meanwhile, apartment owners in Bengaluru have welcomed the direction given by the law department.
Naval veteran Cdr Surendra (retd) said, “Karnataka home buyers are being harassed and are waiting for a clear direction from the government in this regard.”
Sameera Bharadwaj from Prestige Lake Ridge Apartments said, “This will surely help many owners to confidently take the right direction towards formation of Apartment Owners Association under Karnataka Co-operative Societies Act 1959 or Companies Act 1956.”
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