Tuesday, March 10, 2009

A guide to Apartment Owners' Associations in Bangalore

Come March - the typical fiscal year end, most Apartment Complexes in India get busy with their annual elections - to elect a new Management Committee of the Apartment Owners' Association or the RWA - Resident Welfare Association.


But many of us Apartment Owners / Apartment Residents have often resurfacing questions on what exactly is the definition of an Apartment Owners' Association? What is its purpose? Its powers? Its duties? Its alignment with the legislation?

Here is an attempt at compiling answers to the above questions . This is in relevance to Apartment Owners' Associations in Karnataka. For other states in India, information is most
welcome!

The terms Association and Society in this post are used interchangeably.

How is an Apartment Owners' Association (referred to as the 'Association' hereafter) formed in Bangalore?

The Association is formed by 7 or more owners in the Apartment Complex approaching the Registrar of Societies together and make an application that:

  1. Says that they desire to form themselves in to a society under Karnataka Societies Registration Act 1960.
  2. Encloses a memorandum with following details: desired name of the Association, aims and objectives of the association, and who in the association will be authorized to correspond with the Registrar of Societies (typically the President of the Association).
  3. Encloses the Bye-laws (rules and regulations) of the Association.
  4. Encloses the prescribed fee.

All applicants sign on the application, along with a witness' signature and Voila! an Association is born!

What are the various roles in the Association?

The Member: Every owner of the apartment complex is a member of the Association. In the case of joint ownership, the first person named in the title document is typically the member. No person who is not an owner of an apartment in the complex can be a member of the association.

The Associate Member: Any person, or persons, other than the owner, who is wholly residing, occupying or otherwise in lawful possession of any apartment in complex becomes an Associate member of the association. The Associate member pays maintenance charges to use common facilities, but does not have right to vote, unless authorized by the owner of the flat in writing.

The General Body (GB): All members of the association form the General Body - this is the supreme authority of the Association. The GB may alter, rescind, add, or amend the bye-laws, with the approval and consent of at least 1\3 members voting in general body. All members of the association are bound by the bye-laws. The decision of the GB is binding on all members.

The Management Committee (MC): A board of members elected by and from the GB, that represents the Association before all government and other official or non official bodies in all matters concerning the building and other rights and interests of the members. The MC is typically composed of a President, a Vice President, a Secretary, a Treasurer (together known as the Executive Committee) and 8 other members. The period of office of the elected members is typically 12 months. Such members are eligible for re-election for another term. The work of the MC is reviewed by the GB at the annual general body meeting or any other meeting.

As a member, what are my duties and rights?

Duties: Attend all General Body meetings, pay the dues decided by the General Body in a timely manner, abide by the Bye-Laws.

Rights: Vote in the elections - each member, irrespective of the apartment type & size has a single vote at Annual General Body Meeting or in any other official meeting, elections, of the association. Should a member have ownership of more than one apartment, the number of votes shall be in proportion to the number of apartments owned. The member has a right to authorize a proxy to vote in his absence.
Each member of the association has the right to inspect all records, books of accounts of the association with 3 days prior notice to the Management Committee.

What are the duties of the Management Committee?

  • Organize, social, cultural and recreational facilities and amenities for the resident, supervise the same and maintain or organize the maintenance of all common areas and amenities thereof.

  • Assign the responsibilities for carrying out day to day administration of building and affairs of association to the employees appointed for such purpose

  • Represent the members of the Association, in the matter relating to the building or arising in relation to it, with the aim of protecting their rights and interest

  • Encourage and promote religious, cultural and educational activities and promote charitable feelings amongst members.

  • Join hand with any other association for common and mutual benefits.

  • Open and maintain one or more bank Accounts of the association in the name of the association with any nationalized bank as decided by the committee.

  • Ensure that the income monies received by the association are applied in promoting the objectives of the association and are not available for distribution on any account amongst the members.

  • Keep in custody of all original documents connected to the land and building, licences issued by any authorities in relation of the said building or land

What are the duties and powers of the President, Secretary and Treasurer?

President

  • The president presides over all the committee meetings and has general control over all the affairs of the association. He/she is the person who can sue with the consent of the general body or defend any legal action against the association on behalf of the association, after taking appropriate legal advice.

  • All legal proceedings are instituted and continued or defended by the president. He/she signs all documents and papers and vakalats relating thereto in the name and on behalf of the association.

  • The president enters into contracts approved or delegated by the committee.

  • In the absence of the president, for any reason whatsoever, the committee may authorize the secretary or the treasurer to sign all such documents, papers etc for and on behalf of the association.

Secretary

The secretary is responsible for the executive administration of the association subject to the control of the committee.

Treasurer

  • The treasure has custody of all properties of the association including the funds of the association.

  • He\she is empowered to operate the bank accounts of the association jointly, but not severally, with president, or secretary. Any such account operation is only for bonafide and authorized purpose of the association

  • The treasurer maintains a petty cash account for meeting the immediate petty expenses.

On the question of alignment of the Apartment Owners' Association with the Courts of Law, here is a good article from The Hindu, albeit a bit dated. The takeaway from this article: "it is important that the association be held together by close bonds of trust and goodwill. "


So, go ahead! Elect your new Association Management Committee, and let them assume office with the re-assuring knowledge that by their side is you, and is Apartment Adda*! :)


* Apartment Adda helps Apartment Owners' Associations / RWAs achieve their goals by providing efficient communication and management tools online. For more information, please do visit us at www.ApartmentAdda.com

Note: The above article has been compiled from Karnataka Societies Registration Act and typical Bye-Laws of Apartment Owners' Associations. Please be aware that each Association has its own set of bye-laws and there are chances that the definitions & duties in your Association is different from those laid out above. You are advised to study the bye-laws of your own association for an accurate understanding of your duties and rights.

61 comments:

  1. Here is a question we received by email from Mr.Raman:

    "The flat owners association bye-laws and deeds of declaration for flats at Coles Road to be registered before Registrar of societies. Pl. let me know the address and phone number of the office where the above has to be registered. Also, we are given to understand that the Deed of the Association for registeration has to be necessarily in Kannada language and not English. Pl. enlighten. Regards Raman"

    Answer: Hello Mr.Raman, please check the below link to find the office of registrar of societies that is designated to your area. You could call up the office that seems closest and they could guide you..

    http://www.karigr.org/contactus/default.htm

    And, you are right, the Registration deed is only in the Kannada language now.

    ReplyDelete
  2. Another question, from Anu, by email:

    Q: "Is it possible for a tenant (associate member) to be part of the MC?"

    A: Hello Anu, typically this is not possible, due to the transient residential status of a tenant and his/her limited stake in the society . However, there can be provisions made in the Bye-laws of the particular society to make this possible - with the consent of the General Body and authorization of the specific owner.

    ReplyDelete
  3. The advise I have is that apartments in Karnataka legally require to be registered under the Apartment Owners Act and not the Societies act.
    Irrespective of any practical uses what is the correct legal position?

    ReplyDelete
  4. Ranjita, very interesting question.

    Here is the text of the KAOA-1972- http://www.karnataka.gov.in/dpal/pdf_files/APARTMENT%20OWNERSHIP%20ACT,%201972-new-9.pdf
    The book sold for the same act may have more information.

    On reviewing the document, it figures that it is the builder (first owner of the apartment(s)), who should get the association registered. Substantiation:

    1. the builder needs to provide all the property related information detailed under clauses 11, 12 and 13 of KAOA (page 9-10), such as the certified building plan of the building as-built.

    2. the property needs to be registered under the Registration act - 1908

    The Karnataka Societies Registration Act does not have any such requirements.

    After our consultation with veteran apartment association members, the correct legal position must be to get your Association registered under the Karnataka Apartment Owners Act. It will mean that all the property documents, building plan etc. are legalized. The Association members can face any future eventualities regarding the property with easy help from the legal authorities.

    Unfortunately, most apartment complexes we know, do not have the builder's involvement while registering the association, neither are the property documents handover complete, nor the entire building plan legal. Hence, the registration of association under Karnataka Societies Registration Act.

    Here is another great article on this topic, it seems to be quite recent too (December 2008).
    http://www.mysooru.com/article1.html

    Please do share what you learn further. We shall consider updating the blog post with this piece of information, after further verifications.

    ReplyDelete
  5. Hi,

    What is the common practice followed in monthly maintanance charge if an apartment has diffrent area flats. Is it a common rate or divde as per the Flat area?
    Is there any rule which association need to follow?

    Thanks and regards,
    Kumar.

    ReplyDelete
  6. best of my knowledge the maintenance should be based on the per sq ft and not per flat. That is only fair, I think!

    ReplyDelete
  7. Below are the common practices that the ApartmentAdda team has come across in complexes with various flat dimensions:

    1. Uniform rate per flat.
    Example- Rs.1000 per month per flat.

    2. Rate proportional to super-built up sq.ft. area of each flat.
    Example- Rs.2 per sq.ft. per month.

    3. Combination of uniform, sq.ft. based, and other variable costs.
    Example - Re.1 per sq.ft. of carpet area per month + Rs.700 per month for the common areas + Diesel cost as incurred that month.

    Typically, the strategy is decided by the Association. In case of conflicts, a decision of the General Body is considered final.

    ReplyDelete
  8. Hi!!

    In case the maintenance charge is taken for some facilities and for more than 8 months that facility is not usable, say lift is not workig, then if i stop paying the a portion of the monthly maintenance charge? is association is empowered to remove electric connection and water connection siting the reason of non-payment of maintenance charge?

    ReplyDelete
  9. @Parna: In most cases, penalties for non-payment of maintenance charge are listed in the Bye-Laws of the specific Apartment Society. Please do review the same.
    Typically, societies are not allowed to disconnect basic amenities such as water and electricity supply, but can initiate legal proceedings.

    You can find some relevant information here: http://www.hindu.com/pp/2008/07/26/stories/2008072650040200.htm

    ReplyDelete
  10. Hi San,
    I see this posting a good place for new apartment owners :)

    Is there any govt. guide line instructing that an apartment association need to be registered in Karnataka using application filled with Kannada language?

    ReplyDelete
  11. Can an adjoining independent house owner be a part of the apartment association and use the facilities because he has got into an agreement with the builder without the knowledge of the association. What could be the implications of the same ?

    ReplyDelete
  12. @T.S.Thilak: Yes, the Karnataka Government is converting most of the registration deeds to Kannada-only (we got used to this from the birth-certificate of our child :) ). This has been implemented for the association registration deed.

    @Anonymous: At this moment we at ApartmentAdda do not have a direct answer to your query. However, one of our customers have a similar scenario - the common facilities cater to flat-owners as well as house-owners. If you are interested in getting in touch with them, or to a legal adviser, please email support@apartmentadda.com

    ReplyDelete
  13. bangalore residentApril 6, 2009 at 11:14 AM

    Our apartment complex has 8 large apartments ( 2000 sqt) and 50 small apartments ( avg 1300sqft). We have been paying maintenance at a combination rate ( as mentioned by San above) - part fixed and part on sq ft basis.
    Now some association members want us to pay by sq ft. This will increas the maintenance charges of large aprtments considerably.

    They are forcing this and resorting to voting. Since there are only 8 large flats - they are always out-voted.
    Also the expenses are decided by the smaller flats ( again on majority) - so the expenses are very high.

    Can someone help me names of apartmemntgs where this combination method is followed.
    Also - is there a legal recourse on this?

    ReplyDelete
  14. @bangalore resident: We try to be of help, but are unable to provide an Apartment Complex name against the combination mtce fee strategy right now. Let us hope that a reader of this blog can shed more light on this. We wish that your problem will get resolved amicably - all the best.

    ReplyDelete
  15. Hi
    Our apartment had been registered in 2005 and three elections had happened. New board has taken the charge of the association recently. Please tell me,
    1. What is the common practice followed after new board of directors has got elected with respect to intimating the registrar?
    2. Where is the office of the registrar ( our apartment is near Hope farm)?
    Regards,
    Mahesh K.R.

    ReplyDelete
  16. @Dhanya:
    1- It is required to inform the registrar, within 30 days of new governing body formation. The information comprises of the modified 'List of Governing Body/Executive Committee Members', which is part of the Memorandum, and contains the photographs, personal details, designations and signatures of the new Governing Body.

    2- Please see this link for the registrar's office closest to your location. http://www.karigr.org/contactus/default.htm
    Our unsolicited guess is the below address :) Please do confirm by calling the office.

    Shivajinagar, BDA Complex, Domlur, Bangalore Pincode-560038; 080-25352907

    ReplyDelete
  17. Ours is a 6 Apartment Building in which the builder owns an Apartment - Can we form an Association - If yes,Can any other owner apart from the Builder go ahead with the registration of the association?

    ReplyDelete
  18. Question about Property tax - We had registered the apartment in Nov 2006 and taken the possession of the apartment in Apr 2007.We had to pay the arrears for the prevous year while paying the tax for 2007-2008.The Builder denies to pay the property tax for 2006-2007.
    Can somebody throw light on who needs to own up the property tax of the apartment for the 2006-2007?

    ReplyDelete
  19. I have a question. Can tenants of an apartment complex be charged more than the owners. Maintenance is calculated per sq ft, but different rates are levied on tenants.

    ReplyDelete
  20. @Nanjappa

    Ideally the builder should have paid tax, because you were not associated with the apartment in 2007. We have come across similar cases where the builder refuses to pay and the owners end up paying the previous year's tax. Your association committee can take it up with the builder to get the amount refunded - or as a gesture of goodwill ask the builder to sponsor gym equipment etc.

    @Kiruthika

    There is no law for or against such a practice in Karnataka yet. You can get in touch with other tenants and approach the committee to justify the different rates.

    Regards

    ReplyDelete
  21. Hi,

    I have purchased a flat recently and going to register it this month. But some work is till pending from the builder's side. So, If we form the Association before completing the work, doen't the builder entitle to finish the work ? I heard that once the Assoication is fromed the builder is not responsible for the pending work. Is this correct?

    ReplyDelete
  22. @Raghu: What you have heard is not correct. The builder's responsibilities towards the structure as a whole ends only when he performs complete official handover to the Association. Forming of the association is not related to this handover.

    In any case, the builder is liable to each owner individually, for completion of the promised work, as well as maintenance for 1 yr (typically) from the date of occupation.

    ReplyDelete
  23. Hi , thanks for posting the information, it is very helpful. We at DailyDump ( www.dailydump.org ) are looking to connect with the Apartment/ Resident associations. In this regard it would be helpful to have a list of these associations in bangalore. Can you direct in this regard.

    ReplyDelete
  24. Hi,
    We are about to form an association. Our builder has some more work(minor) to complete, but he wants to handover the maintenance to association. So we have to form an association. We have consulted a couple of lawyers and they say the cost of forming the association would come between Rs15,000 to Rs 20,000/- . We really have no idea about this costing. Can you please guide us.

    ReplyDelete
  25. Hi , Ours is newly constructed apartment. One of the flat owners is creating trouble by constructing some brickwork to put his plants . Though most of the owners disagree with that practice as that may damage the celing , they are unable to push it through fearing that the offender may reach violently . What will be the best way to tackle this situation. ?

    ReplyDelete
  26. Hi,

    I have registered my flat and got the possession two months back. Now the developers are refusing to give me the occupany certifcate.They say that they can give the Khata transfer only. Am I authorised to get the occupancy certifcate. If yes , what action can be taken against the builders regarding this.

    Please privide me the reply as soon as possible.

    Thanks

    Pradeep

    ReplyDelete
  27. What income tax law is applicable on an apartment welfare society?

    ReplyDelete
  28. Guys, could you please help me out to sort out the below issue. If the person is the owner of the flat, but not staying in the apt. Does he/she still need to pay the full maintenance charges?

    ReplyDelete
  29. Hello Anonymous, your question regarding payment of maintenance charges is covered in Section 17 of the Act (given below). As you can see, you have to pay the charges even if you are not staying in the apartment.

    17. Waiver of use of common areas and facilities; Abandonment of apartment.- No apartment owner may exempt himself from liability for his contribution towards the common expenses by waiver of the use or enjoyment of any of the common areas and facilities, or by abandonment of his apartment.

    ReplyDelete
  30. I have a question regarding sharing of common expenses, especially for purchase of capital equipment like an UPS inverter for common use, for emergency lighting in the common areas.

    In THE KARNATAKA APARTMENT OWNERSHIP ACT, 1972, Section 10 states the following:

    10. Common profits and expenses.- The common profits of the property shall be distributed among, and the common expenses shall be charged to, the apartment owners according to the percentage of the undivided interest in the common areas and facilities.

    My question is, does this above statement apply to capital equipment purchases like UPS also?

    How should the expenses for purchase of the UPS inverter be shared? According to Section 10, as a percentage of undivided interest, or shared equally by all apartment owners regardless of undivided interest?

    Thanks in advance.

    Natesh

    ReplyDelete
  31. The association has been completely biassed in their treatment for reasons known to them. They dont attend to my service complaints and they wont even provide information asked reg expenses. Can I stop paying maintenance to make them heed to my request. How much time I should wait for their response and what is the course of action available to me after that?

    ReplyDelete
  32. sometime back I purchased a flat at Bangalore but was unable to live due to my transfer. Now I rented the same last month. Now some people claiming to represent association are troubling him to pay maintenance for few months when it was vacant , though he is paying maintenance regularly after occupation. Now my Question is

    1. Can an association be formed without even informing me( owner of flat).Though they could have informed me by taking my permanent addresss from builder , with whom they interact regularly.
    2. Whether rules unilaterally made by them without my concurrence/information is binding on men.
    3. Can they disconnect water/electricity to my flat even without informing me in writing about my dues.
    4. If they do such actionof disconnecting Electricity/Water), can tenent file an FIR in nearest police station against them.

    ReplyDelete
  33. Dear Madam/Sir,

    This is a great site to understand more about the functioning of apartments and apartment owners associations in a city like Bangalore.

    I am one of the owners and have been living in a apartment for the last 12 years in apartment complex of 17 homes. The apartment is registered under the KAOA and the owners association has been operating for about 10 years. The owners association however has not held any election for the last 10 years and there has not been any general body meeting too. As a owner I have never seen any balance statements for the last ten years. The president and treasurer take unilateral decisions and do not provide an opportunity for other owners to have a say in anything. Despite repeated requests to hold meetings and have elections, there has been complete silence with no proactive action.

    In this regard, is there an authority to whom we can complain or take action against such undemocratic behaviour of the current office bearers.

    Bhargavi
    bhargavi.srao@gmail.com

    ReplyDelete
  34. Dear Sir,
    The question is on the Association formation. We are advised, that since we are in Bangalore its ideal to register the association under the KAOA 1972. But when we are proceeding in that direction there are apprehensions in some quarters of our members that it is disadvantageous to register in this act. My logic is if the Government has prepared something specially for the apartment owners how can it be disadvantageous. Unlike neighbouring states we are lucky to have a special act, why is it not made mandatory like Maharastra that all flats need to be registered by this provision only? Or is it really disadvantageous? Can you tell us the advantages of registering by KAOA 1972. Sorry for a long question?

    ReplyDelete
  35. Our Apartment is in Basavanagudi. The Association is to be registered. Please guide us regarding the details of where, how and what all are the details we have to get to register it.
    Ashok

    ReplyDelete
  36. Hello Ms.Rajalakshmi

    Please get in touch with us using the following link and we can help you.

    http://apartmentadda.com/home/contactUsPage.php

    ReplyDelete
  37. Can an apartment owner rent his apartment to a bachelor where normally families are staying. Is there any regulation in this regard

    ReplyDelete
  38. Hi All,

    My flat is lcoated in the middle of the apartment. I am facing these below mentioend problems. Please suggest as to what an be done to reduce these.


    1. Swimming pool is located next to my flat. The pool is polluted to a level that it is not fit for use. But there are few people who do not care about hygiene and go ahead. I have requested the associatein to take care of it as i am paying for its maintenance. But th easscoiation is not ready to do so.
    Moreover i do not use the pool beacise of the polluted water. Can i get a waiver in payinf the maintenance charges for the pool?

    2. The noise from swimming pool usage is unbearable. I am reported several times but in vain. When i approached the association for help, i was told " If you are getting disturbed, its your problem. We will not do anything about it. You tackle it". How do i go about it?

    3. Children play in corridors/Basements/PARKING area causes lot of disturbance. I have reported several time to the asoociation with proof. But no action is taken to rediuce the noise levels.

    4. The association is spending lavishly for trivial things. They charged Rs. 10,000 per flat for legal advise to form the association.There are more than 50 flats in teh apartment. When questioned, i was not given any reply.
    Is it the right amount to be charged?

    5. There is a Gym in the apartment with substandard trainer & sub standard equipments. Hence i cannot use it. Is there a wasy to get the waiver in maintenance charges for this?

    Please suggets as to how do i tackle these problems?

    ReplyDelete
  39. My association is not accounting for the fixed assets such as GYM Lifts Water plant and Fire equipment.They have declared that fixed assets have not been taken over by association although this was done 7 years back by the first President and we have last Fire equipments to the tune of Rs 1 lac.No body is taking responsibility.How to solve this?

    ReplyDelete
  40. Hi,

    I landed on this page when I was searching for legal laws in connection to maintenance. I have this "neighbor" who keeps referring to some legal laws, which I could not find on the net. So came here for help.

    She says this ......
    "that she per sft basis & that is legal binding and unbiased (this has got nothing to do with the common sense as this is the bye-laws of any property related issues at international standards & Ayya Apts is no exception to it) This is done in the interest of all common individuals who comes with difference of opinion on all subject of property related matters and that is endless debating material."

    Can someone throw light on this please. Is it a law to collect maintenance on Sqft basis for common expenses? Currently, we have a slab system. 1 B/R pays 640, 2 B/R pays 740 and 3 B/R pays 840 and so on. Is it against the bylaws to collect maintenance in slabs and is maintenance on sqft the only LEGAL solution to this?

    Please help

    Sunila

    ReplyDelete
  41. Hi,

    Many builders in Bangalore are selling their flats and registering them when they are incomplete and are being occupied by the owners without completion/ occupancy certificate. Builders do not show latest tax paid receipts or EC. The whole property has one Khata Number, as a result individual owner is unable to pay property tax or electricity bill. Later on owners struggle to get bifurcation of the Khata and transfer it to their names. Most of the time they have to pay taxex from back date. I think there is a need to educate the owners in this regard. It is also the duty of concerned authorities to create awareness among the prospective buyers.

    ReplyDelete
  42. can the association charge a transfer in case a flat is sold and who is liable to pay this amount, the present owner or purhcases and is there any limit to this transfer fee

    ReplyDelete
  43. Hi,

    For Bangalore based apartment please list out

    1)the documents builder should provide to
    individual flat owners.

    2)the documents builder should provide to
    the association.

    Also consider a case where builder can not obtain completion certificate / Occupation Certificate from BBMP

    ReplyDelete
  44. Are dhobis using the coal to heat the iron boxes allowed in the apartment basement, close to car parking slots. (risk due to floating fire particles on the cars petrol tanks or leaked petrol from the cars)
    Whom can we complain about any fire protection norms violations in the apartment complex when MC is not doing anything about it.

    ReplyDelete
  45. Hi,
    I have been staying in an apartment complex in Bengaluru for more than 9 years. I have never defaulted on any payments (maintenance, reserve fund etc) so far.
    Now a new management has taken over. The new management wants to collect some more reserve fund. I am fine with that. But, they also are making the apt owner to pay a certain amount as "Event Management Expenses" every year. They want to have extravagant celebrations every now and then. I feel it is a waste of money and would like to have a choice on whether to pay for entertainment expenses rather than Apt Mgmt committee forcefully take that money from me.
    Now, the mgmt is threatening to stop services like milk, cable, newspaper, backup-power if I do not pay for entertainment. Is this legal? Where can I lodge a complaint against the association?
    thanks

    ReplyDelete
  46. Hi ,
    Does the apartment owner association has the rights to cut my electric connection if i have not paid the maintenance fees for 2 months.

    ReplyDelete
  47. I would like to know whether it is compulsory for a flat owners association to be registered in Bangalore? and if a flat owner's association is not registered then what are the legal implications? And for a registered association is it mandatory to have its accounts audited annually. please throw some light on these issues as we have a flat whose association is not registered and the office bearers have not divulged the accounts statement for more than a year.

    ReplyDelete
  48. We are a registered apartments association in Banaglore form last 5 years. We have been conducting AGM and have all records, meeting minutes etc in our files. Recently somebody told us that the minutes of AGM needs to be submitted to sub-registrar every year. If it is not submitted for 5 years then the association gets unregistered. Is this true? Please guide us for this.

    ReplyDelete
  49. Hi,
    We, four friends constructed 4 duplex and can we register an association.

    Saji

    ReplyDelete
  50. Can bye laws for apartment owners association have a provision to make power of attorney holder a member of owners association? Is this legally tenable? Since nobody other than owner can be a member, introducing such a provision in bye laws and registering may not meet the provision of the act. Please give clarification.

    ReplyDelete
  51. We have a commercially run canteen/mess ( operating without a license)in the ground floor of our apartment complex. There are major rat infestations and excessive dumping of garbage everywhere. My question -- Is it illegal to run a commercial complex in an apartment complex?

    ReplyDelete
  52. Yes it is illegal. How was it allowed in the first instance? Don't you have a bye-law for your association? Read Karnataka Apartment Owners Act 1972.

    ReplyDelete
  53. We have a dispute with other owner over common area usage. Association is unwilling to get into this dispute and has shown no much interest. What should be my next course of action. I'm ready to even go legal on this matter. Should I be approaching KAT or any other legal system?

    ReplyDelete
  54. Our Apartment Owner's Association has 94 owner members. Generally 30 - 35 members attend AGM. In last AGM they have passed a resolution to increase maintenance charge for rented apartments, for family tenants 10% and for bachelor tenants 35%. Out of 32 members attended, 27 favoured this decision.

    Most of the owners who have given their flat for rent stay outside Bangalore, so practically it is not economical for them to come to apartment to attend AGM.

    Question: Is it leagal to collect higher maintenace charge from tenants? I have given my apartment on rent. I beleive association works on no profit / no loss basis and they need to recover mainteance expenses on equitable basis from the members. What action can I take?

    ReplyDelete
  55. Please read my experiences about apartment associations.

    http://restlesstempest.blogspot.com/2011/12/bangalore-and-apartment-associations.html

    ReplyDelete
  56. Hello ,

    Can Apartment Association charge extra for keeping paying guests or giving the apartment on rent . Since the Apartment association is not the owner of the flats but is only concerned with the common area how can they demand more maintenance charge for keeping paying guests . further is there any method of collecting sinking fund or the maximum amount that can be collected as sinking fund?

    ReplyDelete
  57. I am the President of an apartment association. I would like to know if emergency exits are to be constructed for a building that was completed 6 years. If so, what are the procedures to be taken?

    Thanks, A

    ReplyDelete
  58. hello,
    Is there any person or agency who is managing and maintaining accounting part of residents association in Bangalore ?

    We would like to outsource accounting side to some one.Please update their contact number or email,if you know.

    Thanks
    BL

    ReplyDelete
  59. A tenant was appointed as MC member. Now he is saying there is no difference between owner and tenant and writing emails to members. Also society is asking one owner member not to write mails but allowing tenant to write. Is this allowed?

    ReplyDelete
  60. Hello,

    I stay in the ground floor of my apartment, there are totally 4 floors in the apartment. Each floor has 3 flat (2*2 BHK and 1*3BHK)
    offlate there was a crack on the exterior wall of 4th floor (on one of the flat, 3BHK).
    My question is who has to bear the expense of fixing the crack on the Exterior wall of 4th Floor flat. Is it the owner of that flat or apartment association to bear the full cost.

    Kindly help with your suggestion.

    Also can you let me know link to the Karnataka law on collecting montly maintenance fees.
    Thanks, Anonymous.

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