Under which act should we register the owner's association?- Property Hotline

Expert: Hemang Jariwala, Advocate at the Bombay High Court.
Question: I bought a flat in an apartment in Bangalore's developing area. Which act should we register the owner's association under - the Societies Act or KAOA? How much will the registration cost?
Answer: It is advisable to register the association under the society's Act as under the said provision, the society becomes the owner of the land and the building and the flat purchaser / member have a right of occupation only. The society is looked after the managing committee which is duly elected and comes under the supervision of the deputy registrar in case of miss management. Under the ownership of apartments Act, a condominium is formed wherein each flat purchaser is the joint owner of the plot of land and the building which leads to clash of egos.
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[@NavinKumar-ot9mh]

Appreciate the thought of the Advocate, though I’d say KAOA is much beneficial than society act since it gives the flexibility over getting a loan from the bank, reselling of the condominium get s more value and so forth..

[@vittalbelur5784]

There is no Association that can be formed under KAOA

[@TheJamzub]

I see the advocate is talking about Mumbai. But in bangalore most of the flat is registered at kaoa and not under society act..

[@vittalbelur5784]

No Association can be formed under KAOA

[@vittalbelur5784]

By mere registration of DEED OF DECLARATION does not mean that an Association is/can be formed

[@vittalbelur5784]

There is no Association formed under KAOA

[@keralawyer]

This is wrong advise for Karnataka apartment owners.. Maharashtra laws do not help a Society in Karnataka

[@MathewThomasFET]

The advocate's opinion is right, but his reasons are wrong. He says that owners of apartments should or could register their association under Societies Act since there is a hierarchical structure to regulate these organisations, whereas the KAOA stipulates only a condominium. Condominiums are NOT associations of persons recognized as legal persons. Here's the legal definition of condominium from the Legal dictionary. "n. title to a unit of real property which, in reality, is the air space which an apartment, office or store occupies. An increasingly common form of property title in a multi-unit project, condominiums actually date back to ancient Rome, hence the Latin name. The owner of the condominium also owns a common tenancy with owners of other units in the common area," So, one cannot register and association of persons - apartment owners, in this case, - by registering the Deed of Declaration, as stipulated in KAOA.