The apartment law you must know

When an apartment is built and it is eventually occupied, a few questions do the rounds within the new community. There are always common issues to be coordinated with the builder regarding teething troubles, maintenance, handover and several such issues.

Normally, a group of owners comes together to coordinate on behalf of the community. For a period, I was one of them in our large apartment located near Marathahalli in Bengaluru. Among the various challenges we faced, one of the toughest questions to answer was on registering the owner’s association.

Today, if a community is lucky, the builder registers the association. If that does not happen, the owners get together and do something about it themselves with the help of a lawyer. We spent years on this problem. Most lawyers in Bengaluru we approached recommend the registration of the owners association under the Karnataka Societies Act.

However, it turns out that the societies act is not the right law to register an apartment association. Section 3 of the societies act defines the various types of societies that can be registered under the act and none of them meet the definition of an apartment association.

We determined that the Karnataka Apartment Ownership Act is the correct law. In fact, our agreement for sale with builder and registered sale deed contained copious references to the Apartment Ownership Act. However, the registration process seemed so complex and convoluted that it seemed like a very daunting task.

As part of this process, I did a lot of research and reading and received inputs from several people who had looked into this issue themselves. What I learnt surprised and shocked me and those are briefly summarised in the rest of this article.

As stated earlier, the societies act is the wrong law for registering an association. Take the case of this apartment complex on Sarjapur road which is now in the midst of a legal battle with the builder.

The builder had the apartment association registered under the societies act. Subsequently, the residents discovered that the builder was carving out 20,000 sq. ft. from the original bounds of their property for a commercial venture. The matter is now in court where the builder now contended that the owner’s association was not qualified to fight the case since it was formed under the societies act and not the Karnataka Apartment Ownership Act (KAOA) as required.

It turns out that if the correct process as required by the law is followed, KAOA registration will flow smoothly. An apartment as defined in Karnataka is a property of a residential nature where the owner owns the apartment and holds a percentage share in the land and common areas and amenities. There are two laws that govern this process in Karnataka.

One is the Karnataka Ownership Flats Act (KOFA) and the other is the KAOA. KOFA regulates the process of promotion, construction, sale, management and transfer of the apartment. KAOA was written with the view to make apartments heritable, transferable and mortgageable and to address aspects related to management of the property.

 

In Karnataka, there are three types of apartment communities that can be formed. A promoter can float a company or cooperative society under KOFA. These are two options. Alternatively, the third option envisaged in KOFA is for the builder/promoter to form an association of owners under the KAOA. Forming a company is a pretty rare approach. In a cooperative society setup, the building, common area and land is vested with the cooperative society and the allottees of the flat are deemed as “tenants”.

Please note that the word tenant in this context has a more expansive legal meaning as compared to regular usage. The member has all rights to occupy his or her flat, but does not own an undivided share as is commonly understood since all common property is vested with the society. Naturally, this raises issues when securing a mortgage for an individual unit – how does a bank give mortgage for something you do not strictly own?

So the only solution is for all members to take loan from the same bank in which case the risk for the lender goes up substantially. It is to remedy this situation that the KAOA was passed. (Actually, Karnataka adapted Maharashtra’s laws. Maharashtra has been a pioneer of apartment laws in India).

Key features of KAOA

In India, the sale and purchase of immovable property is governed by the Transfer of Property act of 1882. The 1882 act does not cover the concept of an apartment along with its undivided share in land and common areas. So a fundamental step that KAOA does is that it equates the purchase of an apartment with its proportional undivided share as equivalent to an immovable property bought under the transfer of property act.

The purchaser is the absolute owner with a clear title to the apartment and its proportional undivided share.

How is the clear title ensured?

The KAOA requires the builder/promoter/owner of the apartment to execute a document known as the Deed of Declaration. The Deed of Declaration (DoD) is a document that describes the property, i.e., the building, all of its apartments, the common facilities such as lifts, generators, fire fighting equipment, pool, gym etc., along with the ownership scheme giving the percentage share of each apartment. Along with the DoD, copies of plan approvals from local authorities and bye-laws of the association of owners is to be registered.

Now, when individual apartment owners go to register their Deed of Apartment to complete their sale, the KAOA requires that the Deed of Apartment refers to the DoD (along with information regarding registration of the DoD, such as registration number, date, sub registrar’s office etc.) so that the ownership scheme is fully traceable and the title clear.

There are also special requirements on the Registrars and Sub-Registrars to maintain this information in an organised fashion. In addition to the Deed of Apartment, the purchasers also execute a Declaration known as Form–B where they agree to abide by the rules of the KAOA.

Once the apartments are sold and registered, the builder is to approach the Registrar of Cooperative Societies (identified as the competent authority by KAOA) with copies of the Registered DoD, bye-laws, Deeds of Apartment, and Form-B declarations to register the association.

If there are unsold apartments, the builder/promoter is allowed to represent those unsold apartments. This process completes the formation of the association. The bye-laws registered with the DoD become the by-laws of the association and everything is set for smooth operation.

Office bearers and duties

The KAOA also has additional provisions regarding duties of office bearers, process of voting, regarding charges and encumbrances against individual apartments, and even on steps to be taken in the event of destruction of the property – say by fire or earthquake.

For the local governments such as BBMP, there are additional hidden gems. The KAOA says that each apartment owner is liable to pay local taxes for his or her apartment and proportional undivided share. So that resolves the question of who pays property tax on the common areas. That is not to say the KAOA is perfect. It is a 40 year old law to which many improvements can be made. However, the key point is that a very logical framework already exists.

Reality

Unfortunately, the ground reality today is that very few builders do things the right way. Most apartments have associations registered under the societies act. Banks continue to give mortgages despite the fact that clear title is not passed on to the buyers due to the manner in which transactions are conducted. The registrars and sub-registrars continue to register any document that purports to be an apartment sale deed without paying heed to the requirements placed on them by the KAOA.

The government, as per their answers in the Karnataka information commission to an RTI request filed by a well known RTI activist C N Kumar was not even sure which department is responsible for a law such as the KOFA (and by extension, the KAOA). A copy of the RTI response is with Citizen Matters.

Urban Development Department order dated 08/03/2012 appointing BBMP and BDA officers Click here

 

Urban Development Department order dated 08/03/2012 appointing Sub-Registrars Click here

 

It turns out the Urban Development Department is. Could we hope that the state will begin to ensure adherence to the law, educate its citizens as well as builders and maybe even amend these acts soon to make them modern and more functional? Can buyers get together and force the builders to do things in the right way?

Apartment sale process including formation 

Step No.

Document

Comment

1

Agreement of Sale: Finalise an apartment purchase, pay an advance and sign an Agreement of Sale, which is to be registered under registration act of 1908.

Under KOFA 1972, section 3, subsection 2(h), and KOFA Rules 1975, section 5(d) the builder/promoter is obligated to state the “precise nature of the organization to be constituted of the persons who have taken or are to take the flats or apartments”.

2

Deed of Declaration: At some point, while construction is in progress and before a final deed of apartment is executed and registered; the builder/promoter is to register a document known as Deed of Declaration under registration act 1908.

The Deed of Declaration is to be provided in a format known as Form A, which is described in KAOA Rules 1974. The DoD will detail the extent of property, all the common areas, limited common areas and facilities, description of buildings and all apartments. It will also specify the percentage undivided ownership share for each apartment. Along with Form A, a copy of the by-laws of the association and a set of floor plans of the buildings are to be appended. It has to be certified by an architect that the plans are accurate as per what is approved by the local body and what has been built. All registration offices are obligated to keep a book called “Register of Declarations and Deeds of Apartments under KAOA 1972” and an Index thereto

3

Deed of Apartment: Conveyance of the apartment is done by executing a Deed of Apartment

Under section 12(a) of the KAOA, 1972, the Deed of Apartment is to include the book, page and date of executing the Deed of Declaration and the date and serial number of its registration.

4

Inform the competent authority: To finish the formation of the association, true copies of the Deed of Declaration, by-laws and Deeds of Apartment have to be filed in the office of the competent authority – identified by the act as the registrar of cooperative societies,

The KAOA rules require that true copies of all amendments to the DoD, by-laws etc. should also be filed in the office of the competent authority. A copy of a Deed of Apartment is to be filed within 30 days of registration.

5

Declaration under Form B: A declaration by the owner(s) of each apartment under Form B is also to be executed and submitted to the competent authority

The declaration under Form-B is a commitment by the owners(s) that they will comply with the KAOA, and that any person who purchases or inherits the apartment subsequently from them will also do so.


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About Sanjay Vijayaraghavan 8 Articles
Sanjay is a mechanical engineer working for one of the city's MNC firms. He lives in BBMP ward 85 (Doddanekkundi).

25 Comments

  1. Hi All,
    I live in south of Bangalore in apartment complex called sterling terraces. Its been 7 to 8 years so far, the apartment owners have formed an association however, its not yet registered. My question : Do the association have rights to define by-laws and follow the by-laws (even though DoD is not taken place so far) with day to day operations like collecting maintenance and sinking fund. levying penalty up to 24% for non-payment of maintenance charges etc.,?

  2. Hi All,
    I live in south of Bangalore in apartment complex called sterling terraces. Its been 7 to 8 years so far, the apartment owners have formed an association however, its not yet registered. My question : Do the association have rights to define by-laws and follow the by-laws (even though DoD is not taken place so far) with day to day operations like collecting maintenance and sinking fund. levying penalty up to 24% for non-payment of maintenance charges etc.,?

  3. @Rajkumar. Sir with all due respect and no offence would like to mention that since it is no longer ur own house and it is an apartment, flat owners will definitely someday or the other will try to utilize the common amenities like terrace, garden, parking (unless reserved parking). If you want to retain the occupancy on the terrace I guess it would be unfair towards other flat owners. I too had the same issues when I lived in an apartment bcoz the owner of the top most flat did not allow us to use the terrace and claimed that terrace was under His occupancy even though there was nothing mentioned in the sale deed, etc. bu the builder. If such a case if someone wants to have restrictions then one must clearly mention it before selling their flat/property. Since you mentioned that maintenance cost is divided equally among all flats then I strongly feel that common amenities must also be shared.

  4. I had apiece of 35*90 at ms nager ,i gave it to joint venture with 3flat for me and 4 to the builder,builder sold his 4 flat & everybody got their khatha in there name,we are maintaining our maintainance expenses by dividing into equally.My question is we have not given extra land & terrace to anybody and retained ourselves,one of flat owner is insisting to put solar tank and tv dish with our permission on the terrace inspite of opposition from others,he argues that terrace place is above is flat [top most floor],we are not registered with any departments nor have anything in writing as builder is not coming into the picture.It is only 7 flat apartment.can anybody suggesst what action can i take against him.Any additional information and rules & regulation is welcome

  5. Hello,
    Can someone please tell me at what point does a building form an association. ie. when does it get registered?

    Can the tenants continue to stay without the association being registered, and still in control of the builder?

    Any info in this matter will be greatly appreciated, thanks!

  6. @Shankar Srinivasan

    Instead of the oft-suggested, but so-far-unsuccessful recourse that has failed to even take-off , is it not worthwhile to consider and explore, the alternative but seemingly better and speedy course of action for buyers’ community, having been ‘pushed to the wall’,- if so advised by eminent law experts , by directly invoking the “fundamental right” – as has come to be added by the 97 th Amendment of the constitution- to form a ‘society’ or ‘association’ ?!

    For a backdrop / clues (feedback) , may look up , –
    @http://praja.in/en/blog/m…

    Update – A Prelude <

    UPDATE contd.

  7. There are many doubts among the Owners of apartments, on registration of apartment owners association.

    2. The apartment Owners association, has to be necessarily to be registered only under Karnataka Apartment Ownership Act 1972 only.

    3. Many Advocates and experts misleading the Apartment Owners to register under Scoety’s Act 1960.

    4. First and foremost, the process as stipulated in the KAO Act 1972, is not being followed by all the Builders and as in absence of stringent law to monitor this lacunae, most of the practicing Lawyers and professionals misguide all the apartment owners to form and register the association under Society’s Act 1960, which does not have any provision to register such apartment owners association, thereby violating the very purpose of KAO Act 1972.

    5. The act of registration of Association under the Karnataka Societies Registration Act, 1960 (in short KSRA) itself is illegal as there is no provision in the said act to register the Apartment Owners Association mainly undertaking the routine maintenance activities, repairs, painting, providing various facilities connected with apartment living.

    6. According to KAOA, the owners of all apartments form an association. Although the association is not registered, its officeholders are given powers.

    7. But the KAOA does not elaborate the role of association in the whole lifecycle. It does not specify that a customer becomes a member as soon as he books an apartment (as per KOFA).The builder exploits this by denying the existence of an association that lets the customers exercise their rights unitedly.

    8. There are many Lacunae in Karnataka Apartment Ownership act 1972, which needs to be amended by raising a strong voice unitedly.

    M.S.SHANKAR – msshankar1961@gmail.com

  8. Rider (few more thoughts to share, to inspire): On The last made point wrt usefulness of ‘Nomination’ facility, of course, in general, nominee’s status is that of a ‘trustee, and does not automatically become the ‘owner’. Nonetheless, most certainly, as imagined/viewed, in one’s conviction, it must be a boon and save lot of hassle, particularly if the property holder takes a conscious decision, while alive, by designating as ‘nominee’ the same person (s) whom he clearly intends to become the owner (s) and entitled to lawful ownership, So far as is seen, it appears, there could possibly no pitfall. Anyway, so far as Bengaluru (KAR) is concerned, presently it has the prospects of remaining a pipe dream , as there is no enabling provision of law or rule ; unlike in the case of CHS in Mumbai (MAHA)..
    Nonetheless, Invited to look up related posts @ http://praja.in/en/blog/murali772
    Any workable idea or view from anyone else ?

  9. To share (for the common good)
    Sub: WILL ,NOMINATION, et al

    Attention is drawn to the latest feedback material at the following links in public domain:

    https://www.youtube.com/watch?v=0Jws0Eqhvxg

    https://www.youtube.com/watch?v=EJ_k7KyG0Sw

    https://www.youtube.com/watch?v=cGYj1YCQL7w

    For Apartments in Bengaluru (KAR), the Mumbai based tax cum property law expert- Advocate’s advice may not ipso facto/on all fours apply, on all points. May not be of direct guidance as such, nonetheless provide, -if intelligently heard and understood, valuable clues. The crucial distinguishing facets that call for a special focus are briefly these: In KAR, the law on Apartments has largely remained to be implemented /enforced , both in ‘letter and spirit’.’ and is virtually a dead law. In particular, besides there being no duly formed and recognised “Owners’ Association” as mandated by the KAOA,

    Practices of Issue of a “ share certificate” to purchaser-occupier and recognition of his legitimate right to the facility of ‘nomination’ , by and large, are un-heard of, -known. So much so, unlike in Mumbai (MAHA) , there is, strictly and legally, no way /safeguard open for ensuring smooth ‘passing of the property’ to the successor/ beneficiary on the demise of its present holder.

    It is a self-created tragedy that the stalemate stubbornly continues.

  10. I have purchased an apartment. There are totally 24 apartments.Building is complete in all respect. All the apartments are registered in the name of apartment owners. Apartments have been handed over to the owners. Now, we have to form home owners association and get it registered. As per your article I came to know that the same has to be registered under KAOA act. Our builder is not taking the responsibility in registration of Association and he has thrust the responsibility on the owners. Khata is not yet transferred in individual apartment owners name. Firstly, we want to get the khata transfer. Here the problem is builder has done lot of deviation in building when compared to sanctioned and approved plan.Only through your article I came to know about the deed of declaration. Whether builders signature is to be obtained on the DOD. More over architects certificate to the effect that the building has been built as per the sanctioned and approved plan has to annexed to the form A(DOD) which not possible in our case. Please suggest a solution with regard to how to proceed further.

  11. Hi, i would like to understand on any case laws related to payment of car parking area while purchasing a flat. I have already paid the money for car parking also. Now I have understood that the builder can not collect on allotment of car parking. I want to understand further more before I approach the builder. I would appreciate guidance in this matter.

  12. Hi, I plan to buy an apartment in Bangalore. its an 10yr old building. The deviation of the property is 80% to 90%. Few nationalized banks are ready to provide home loan. Is it safe to buy such an apartment? Is there a risk in future of the building getting demolished by local authorities like BBMP, etc? Any guidance in this matter will be highly appreciated. Thank you.

  13. dear sir,
    the information provided from you is really help full . i have a very simple question to you this is actually a major problem for me. it would be very helpful if you answer me this question.
    is the apartment owners association registered with Karnataka owners association has the right to destroy the fountains, sauna bath area and common areas. because we had two beautiful fountains in our apartment but both of them have been closed permanently. and the have never tried to maintain it.

  14. Attention is invited, albeit for a limited purpose, to the write-up @ http://bangalore.citizenmatters.in/blogs/eye-shot/blog_posts/confident-group-bangalore-antlia-scam-irregularities
    To set out own independent reaction:
    Some of the comments therein seem to imply that any irregularity or illegality in such matters , whether it pertains or concerns the promoter or its clientele is mainly an ‘internal’ matter , hence do not require to be given any publicity or call for external interference or opinion; even should that be from an unbiased or impartial source having no vested interest but is prima facie aimed solely at public interest/for the common good of the apartments community as a whole.
    To say the least, such a view is patently misconceived and needs to be reviewed predominantly having in mind all connected out-of-box supervening considerations.
    For a brief hint as to why so, attention is invited to the earlier posted comments herein;
    so also elsewhere on this very website.
    Poser need to be repeated : Is it not the same wrong thinking/approach that has led to the increasingly muddled state of affairs e.g. proliferation of ubiquitous RWAs obtaining amongst apartments community.
    Jug Suraiya’s article in today’s Issue of TOI is noted to carry a connected message; and is worth a read.

    For a detailed examination of the field reality, one may look up the numerous posts on the special project @praja.in.

  15. An Open Appeal:
    As per information from a believed–to-be reliable private source, impression given is that, in a recent judgment of Karnataka High Court it has been ruled that “registration under Societies Act is illegal if property is under provisions of Apartment Act.”
    A personal search has yielded no result. If true, and should anyone know, it is desired, rather urged, that the info. is, to serve the unmistakable aim of public–centric purpose, shared by preferably making available a copy of the court’s verdict on the mentioned long pending vexing issue,
    That should greatly assist / lend strong credence and every force to the suggested attempts to crying a halt to the thus far continuing Irregular practice.
    Of course, the need there for has continued to be persistently canvassed, even otherwise, without the necessity for a court verdict, on the referred point, basically a non-issue.

  16. NOTE : For sake of completeness, may look up the main write-up posted days ago @praja.in

  17. Supplement to Problem faced in having a PAN and/or TAN ..
    ( intended to provide more clues/ share further thoughts for the common good, particularly of those who have chosen, deliberately or unwittingly, ‘trishanku’ for an abode:
    In order to enable anyone concerned to look for useful clues and guidance, given below, on a selective basis, some of the links related to the topic of “PAN”:
    1. https://tin.tin.nsdl.com/pan/form49A.html
    2. http://www.lessmytax.com/new-form-49a/
    3. https://tin.tin.nsdl.com/pan/Instructions49A.html#instruct_form49A
    Following is an Xtract from the official instructions inside the link 3. :
    Proof of identity Proof of Address

    Trust
    Copy of
    a) Trust deed; or
    b) Certificate of registration number issued by Charity Commissioner. Copy of
    a) Trust deed; or
    b) Certificate of registration number issued by Charity Commissioner.
    Association of persons (other than Trusts) or Body of Individuals or Local authority or Artificial Juridical Person
    Copy of
    a) Agreement; or
    b) Certificate of registration number issued by charity commissioner or registrar of cooperative society or any other competent authority; or
    c) Any other document originating from any Central or State Government Department establishing identity and address of such person. Copy of
    a) Agreement; or
    b) Certificate of registration number issued by charity commissioner or registrar of cooperative society or any other competent authority; or
    c) Any other document originating from any Central or State Government

    Should these be cared to be gone through with dilated vision / in a proper perspective, it is bound to be realised that,-
    A ) Owners of units (flats/apartments) in a building complex are entitled to be allotted a PAN, simply for the asking, with no discretion left with the AO to refuse or withhold; and
    B) For this purpose, – for having a PAN issued with the status of “Association of persons” (being other than Trusts), it should suffice if anyone of the documents (including that specified in the residuary item c) )is produced as proof, respectively of the ‘name’ and ‘address’ of the applicant.
    Aside: It is one’s conviction that, even a lay person –
    that is, even if not at all familiar with but is a total stranger -or for that matter, who out of own volition, prefers to be a sworn enemy to, the nitty-gritty or mind-boggling (-teasing) vagaries /inherent vagrancy of law on income-tax , not to talk of its nuances, niceties, so on,-
    can perceptibly make no mistake on the above said correct position in law even on a superficial reading and common sense understanding of the things.
    It is, of course, a sad commentary that, in framing the instructions, -as is invariably the case /historical reality,- the taxman has miserably failed to take adequate care to ensure that it is complete and foolproof enough to leave none out of the requirement of voluntarily applying for a PAN. To be precise, the very wide scope of the Explanation under the relevant section 2 (31) (specially defining ‘person’) has been curtailed by mandating proof of name and address. Ostensibly over sighting that, there could imaginably be any number of instances where there exists, actually and factually, an association of persons , but having no such document as specified for proving name and / or its address. For example, ‘associations’ tainted with illegality /irregularity in the eyes of the governing special law.
    What is all the more sad is that, even when client is faced with an extremely piquant situation, many of the advising professionals do not care to explore ways and means as to how best to resolve within the frame work of the governing special law.
    (Left Open/ welcome to ‘Edit’)

  18. Reactions (IMPROMPTU)
    For sake of ‘public interest’, Is it not high time, that a Clear and Loud enough ‘Clarion Call’ is given as not missed to be heard by anyone (of all), even if happens to be short of hearing or beyond the normal range of its reach! That is to impress that in the current scenario, what is required / a MUST Is Group /Class Action, ONLY. Not ANYMORE Individual / individualistic ‘Action’, ANY LONGER; for, that might prove suicidal / eventual disaster to ONE AND ALL; that is, *the whole community of owners/occupiers of, -co-purchased, -occupied and or desired-to-be co-owned- property (Flats/Apartments) ! For an appreciation , in proper light, a plethora of posts of varying types in public domain, besides the related Blogs herein, are expected to be, mindfully looked into by everyone concerned, including advising professionals and infield practice, for useful clues. The suggestion is to stress that, unless a concerted effort is made and unanimously decided to cry a halt to pursuing the problems as per the whims and fancies of each aggrieved individual, -even if following own lawyer’s advice, it could lead to a further messing up, and dragging all the rest unwittingly or otherwise, into an abysmal quagmire.

    The host of valuable information attempted to be disseminated , including feedbacks provided through websites such as this, et al are , as expected, to be taken a serious note of, and considered , to the end of accomplishing the maximum desirable outcome , been specially focused on the facet of of ‘common good’. Of the several of them, in the Blogs on inter alia the 2 Topics- Final Conveyance and “Deemed Conveyance”, also on “continuing cause of action”, are essentially of relevance; and require to be taken into account for the purpose of formulating or structuring say, the pleas, entreaties, so on , whether it be for any endeavour, such as a dialogue with the ‘promoters’ or for any further purpose.
    In one’s independent perspective, It is not but a sad commentary, some of the posers / comments, repeated but left unanswered (- for inferable reason), would not happen to have been raised / posted had the whole lot of information, etc. made available been cared to be sincerely and mindfully gone through, not merely by the aggrieved victims of the ongoing irregularities, by their advising professionals as well. Mere awareness, without a knee-jerk/truthful awakening, cannot be expected to lead to the destination / score the set goal.
    (Invitation to law experts, no bar to the rest, to mind and appropriately ‘Edit’)

  19. Dear Mr. Sanjay/ Editors, request your views on my query below: I stay in an apartment built by Vandana Builders. The builders never took any effort to form/ register our association/ committee. We do not possess any Khata as the builders have violated the approved plan. Also the builders have not given any original docs including the approved plans / BBMP approvals or any related docs to the committee. We have been following up with the builders for almost 5 years now. It seems the partners have separated and noone knows which of the partner has the docs related to this apartment. One builder points to other, whereas couple of them are just not contactable. We are now planning to register our association under KAOA, but DoD and other docs will be a challenge. Request your guidance on this pls. Also can we register a complaint against the Builders for the missing docs and for that is it a prerequisite foe the association to be registered.?

  20. Dear Mr. Sanjay/ Editors, request your views on my query below: I stay in an apartment built by Vandana Builders. The builders never took any effort to form/ register our association/ committee. We do not possess any Khata as the builders have violated the approved plan. Also the builders have not given any original docs including the approved plans / BBMP approvals or any related docs to the committee. We have been following up with the builders for almost 5 years now. It seems the partners have separated and noone knows which of the partner has the docs related to this apartment. One builder points to other, whereas couple of them are just not contactable. We are now planning to register our association under KAOA, but DoD and other docs will be a challenge. Request your guidance on this pls. Also can we register a complaint against the Builders for the missing docs and for that is it a prerequisite foe the association to be registered.?

  21. Dear Mr. Sanjay/ Editors, request your views on my query below: I stay in an apartment built by Vandana Builders. The builders never took any effort to form/ register our association/ committee. We do not possess any Khata as the builders have violated the approved plan. Also the builders have not given any original docs including the approved plans / BBMP approvals or any related docs to the committee. We have been following up with the builders for almost 5 years now. It seems the partners have separated and noone knows which of the partner has the docs related to this apartment. One builder points to other, whereas couple of them are just not contactable. We are now planning to register our association under KAOA, but DoD and other docs will be a challenge. Request your guidance on this pls. Also can we register a complaint against the Builders for the missing docs and for that is it a prerequisite foe the association to be registered.?

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