If your building is separate and almost of the flat owners are staying there then for your individual building you can form the Association, but instead of Association , Co-operative housing society has more power in the terms of flat owner's side. whereas in Association most of the terms are from Builder side of individual flat owner's side.
Association under KSRA 1960 or KAOA 1972
We are residents of a project which is not completed yet. Amenities/OC etc are pending. Builder is not maintaining with reason of lack of funds, but he also does not want to initiate association formation. What are our options for forming association ? 1. Can we form association under KAOA 1972 without builder's help ? What will be the process ? 2. Can we form association under KAOA 1972 without OC ? 3. Can landlord (whose units are not registered) join in forming association ? 4. How many percentage of total apartments' support required to form it ? 20% flats are with individuals interested in forming association, 40% flats are with landlord which are not registered, 30% flats are with investors who are not interested. 5. If we are forced to form under KSRA 1960, can builder initiate action to cancel the registration ? We saw a related case online, where HC canceled registration of association under KSRA 1960 (WA 974/2019)
Asked 4 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
13 Answers
Yes any 7 members can form association.
Yes and also file consumer case against builder for not providing OC.
Yes but his voting right will be as per flats.
51%
Without OC not possible under KSRA 1960 and HC direction.
Please file suit for injunction and declaration of title under section 34 and 38 of Specific Relief Act against Builder to form Society and complete the process of registration before the competent authorities.
1. Yes, you can from association under KAOA 1972 without the help of builder as under the KAOA every member of the building has to come together to form the association.
- For registering under this Act, at least 4 apartments to form a building required ,and all the owners have to come together to get the association registered or a POA can be taken.
2. No
3. Yes
4. 10 to 60
5. No, but depend upon the circumstances.
- Further , if atleast 20% owners supporting the association , then the Builder cannot do anything.
- Further , the full powers are vested to the President of the Association, formed under KAOA act 1972 .
File complaint against builder before RERA and seek orders to direct builder to firm association of flat owners
2) it is builder responsibility to register association and complete construction as per sanctioned plans
3) OC is must
4) some of flat owners can take legal proceedings under RERA or consumer forum
1. Yes you can. You dnt need builder help. You need to apply the same and state that builder is denying noc for formation.
2. You can do it without over as well as go to consumer court if builder denies oc
3. Yes
4. You can start with 20 percent but majority is needed
5. No he can't
1. Yes you can. Get instructions from the registrar office for procedural information.
2. Yes.
3. Yes.
4. There is no minimum num. Required to form association.
5. Depends on future circumstances
IF the Builder does not get OC, THEN file matter before local Consumer Court.
The Builder has to form a Society WITHIN four months of giving possession, ELSE the occupying members can form society with /without builders cooperation. OC is actually not required for registration of the Society.
Dear Sir,
You are suggested to form the association and collectively file the case against the builder for having the OC and aiding in the formation of Association as per law. It is to be noted that your present association will be just a pressure group and not authenticated as per law. All the concerned members will be members of the association formed as per law.
Yes in this case it cannot be formed.
1. Yes you can form association without help of builder under KAOA act.
2. Yes
3. Yes
4. There should be minimum seven members for formation of association.
1, 2, 3, yes.
4. You can first peruse the bylaws and procedures as prescribed in the act for formation of the association, wherein the formalities have been elaborately explained.
You can take the assistance of a lawyer in the local if you are really serious about it.
5. The option to register the association under which act can be decided by you, the builder cannot force his decision against your willingness.
- As per the information mentioned in the present query, makes it clear that you should form the association as it is required now for the betterment of the project.
- I would like to apprise that making an association doesn’t need a permission from the builder as the same is been done for all the residents and the too has the legal sanctity also.
- That it will be needed participation of all the residents and minimum requirements of the 7 members as the representative after proper election and then registration of the society.
