Apartment association

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Dr.Kodanda pani sir, out put is good.The apartment was built in 2001 after proper purchase of the land by the builder.Builder offered a drawing initially in 1999 and completed in 2002with the revised approved drawing.I am the second purchaser in 2011. I could find only pent house , lift room and water storage tanks are deviated from the latest 2002 approved drawing. The pent house is owned by the builder.Demolishing may affect the 15 years old structures and it may not be advisable and only few are co-operating out of 33 owners to the association. Registering through the Society act 1960 may be easier but may not be useful to go legally nor good enough to get A kaatha.Registration through KOAA is very difficult as it requires all should come forward including the builder.There are lot of loop holes and builder groups taking advantage of it and putting the public in difficulty.Legal cases will go for years. Thats is why people bribe and get the things done.Goverment must be aware of all these things but not coming out to sortout this issue.Inspite of deviation from approved drawing water/electricity connection and trouble free registration are given by the govt authorities. more  

All the buildings in the Metropolitan area of Bengaluru are to be built only on authorized sites and after obtaining building sanction from BBMP according to zoning regulations of Master Plan and Building Bye-laws of BBMP. Authorized site means, • It should be in the residential zone of Master Plan. • The site should be part of the land converted for residential use by the Deputy Commissioner of the Land Revenue Department. • If there are more than one apartment block or has approach from a new road, BDA’s approval for group housing is necessary. • If the site is a part of a layout, the layout should be approved by BDA. • Sanction to the construction of apartment building should be obtained from the BBMP according to the Zoning Regulations of Master Plan and Building Bye-laws of BBMP. • Commencement certificate should be obtained from BBMP after marking the setbacks and plinth area on the site. • The building should be constructed strictly according to the sanctioned plan and no violations are to be made. • Occupation Certificate will be issued by BBMP, if the building as sanctioned is completed in all respects and fit for occupation by buyers/tenants. The owners, after registration of flats will form an “Apartment Owners Association” and register the Association in the office of the Registrar of Societies, Karnataka. Earlier, the apartment owners used to register as Apartment Co-operative Society. The Registrar of Housing Co-operative Societies is the controller of all apartment owners co-operative housing societies. Nowadays, almost all apartments are managed by following the procedure adopted by apartments in Mumbai which has the experience of apartments since a very long time. In Mumbai, where availability of land is limited, high-rise buildings are constructed including apartments. In case of owners co-operative housing societies, the procedure is complicated and harassment by the officials of the Registrar of Co-operative Societies is observed. The Department sends circulars now and then to submit accounts, and other information. Whenever there is a new Minister for Co-operation, details are called for from all the apartments. The Assistant Registrar of Co-operative Societies, who has jurisdiction over a part of Bengaluru, directs the office bearers of the apartment co-operative housing society to meet him now and then. Many a times, he will not be available and office bearers have to visit that office again. The inspectors of that Department after taking charge of post, visit the apartment and expect something. If he is not taken care of harassment by him is expected. This is the experience of the office bearers of the apartment co-operative societies. There is no such harassment by the Department of Registrar of Societies. This is the reason why many of the recent apartments are registered as apartment owners association. They function in a democratic way. The above procedure is followed by commercial complexes also where individual shops/ offices are sold by the builders. Some bad members are observed in the apartments/commercial complexes, who do not pay the maintenance charges regularly, and question the decision taken by the office bearers / committee. In some cases, the bad members file petitions in the courts which goes on for a number of years. Till the case is decided, they do not pay the maintenance charges to the Association. The office bearers find it difficult to manage the increasing expenditure towards security services, salaries of housekeeping staff, salary of building managers, electrical charges, BWSSB bills, charges of service agencies maintaining lifts, generator, plumbing and electrical repairs, maintaining garden, painting of the building after a few years, etc. The flat buyers should verify the above details about authorized site, building sanctions, violations, quality of construction, etc before they buy the flat. About the problems mentioned by Sri. Parthasarathy Gopal, the Association should complain to the BBMP to remove the pent house. Till the BBMP takes action, the Association should not allow any tenant to occupy the pent house, close the electrical and water connection when it is not occupied by any tenant. The law abiding owners will have to contribute to pay the fine that may be imposed by the BBMP to regularize the building without occupation certificate, and the fine to be imposed if the site is not an authorized site as the flat owners have only ‘B’ khata and not regular khata (not approved by BDA, Land Revenue Department), etc. This is to caution the flat buyers to verify all the aspects mentioned above to avoid problems about the apartment building. __________________ -Dr. A. S. Kodanda Pani, Urban Planner & Civic Analyst. more  

As per the said case basically to collect the dues,completion certificate,Kaatha through the builder It is coming under BBMP , Bangalore. is it necessary to register the association to go legally.Register through Society act or KOAA 1972 is better or just consumer forum is enough? On the whole need a short term result than long term legal proceedings. more