Posts Tagged "The Karnataka Apartment Ownership Act"

Is registering a property under “Karnataka Societies Registration Act, 1960″ valid?

Question asked by Mr. Sanket Bandhopadhya from Karnataka:
Dear Sir/Madam,
Our apartment complex consists of 101 flats. The apartment association has been registered under Karnataka Societies Registration Act, 1960.
I had a few questions on this.
(1)Is the registration under “Karnataka Societies Registration Act, 1960″ correct?
(2)Even if our apartment association is registered under “Karnataka Societies Registration Act, 1960″, will “The Karnataka Apartment Ownership Act, 1972″ apply to the association?
(3)We are paying the monthly maintenance by an odd formula i.e. partially by per square feet and partially by dividing by 101 apartments (equal portions).This is resulting in the smaller flats actually paying up for the larger flats. The smaller flats are 32 in number and hence always lose out to the larger flats during voting and end up paying a higher maintenance.
We feel that, maintenance must be collected on a “per square feet” basis. This is how the builder had charged us. Please let us know whether this is legally correct?
With the limited understanding on the legal side, I could see that “The Karnataka Apartment Ownership Act, 1972″ actually speaks for “per square feet” basis of maintenance charges as per our share of the property i.e. as per our per square feet holding.
We would be grateful to you, if you could clear our doubts on the above.
Thanks and regards,
Vatsala Answers:
If the society is registered under the Societies Registration Act, then the Karnataka Apartment Ownership Act will not be applicable. The act is completely silent about the collection of maintenance charges because it is not primarily intended for this purpose. The method and quantum of maintenance charges are governed by the bye laws of the Association and not the act. It is an internal matter and checks and balances are provided in the Annual General Body meetings. Any arbitrary rule or illegal rule or rule imposed against the will of the majority can be challenged and set aside.

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