Karnataka Apartment Owners Act Part One – Apartment Association And Registration of Deeds, Declarations

In order to buy your own apartment and become a member of the apartment association, there are a few steps and legal processes that you’ll need to know about.

The Need

It’s wise to be well versed in all the legalities involved while buying an apartment in the state of Karnataka. Although a real estate lawyer can take care of the half the issues in this regard for you, being aware of your rights and your position in the entire setting can help you make better and faster decisions. There are many deeds and declarations that you will have to go through while buying an apartment in a city like Bangalore.

Talking to the members of your apartment association can help you get a clear idea. Senior members of the apartment association will guide you through the legalities involved.

The Karnataka Apartment Owners Act 1972

This act deals exclusively with apartments that are residential in nature. Apartments are termed as transferable properties that are also heritable under this act. In order to register the apartment complex under this act, all apartment owners will need to come together and sign the particulars, which can be quite an ordeal.

Know your State Rules

Know your State Rules

The Registration Procedure:

Given below are a few facets that you’ll need to know while getting your apartment registered under the Karnataka Government:

  • The Declaration should be registered properly under the Registration Act of 1908.
  • The deeds involved with the house will also need to be registered with the Registration Act of 1908.
  • The floor plan of the particular building should also be duly registered under the Registration Act of 1908.
  • Along with the registration of the building’s Declaration, extensive details about the building should also be filed along. These details should include the building’s layout, the location of the building, and the number of the particular apartment. The apartment’s dimensions will also have to be accurately mentioned in the details. This is very important.
  • The building’s name should also be specified in the details provided. If the particular building has no specific name, it should be mentioned that the building does not have a name.
  • All these above mentioned details should be properly verified by an architect, who will need to release a statement mentioning that the specified details are correct.
  • This statement should then be run through some local authorities under whose jurisdiction the particular building falls, who will, in turn, verify the same and approve it.
  • If the submitted plans do not include the verified seal of a practicing architect, then the plans should have an amendment attached to them when they are submitted. This amendment should certify that the floor plan mentioned in the documents, the name of the house specified and the dimensions of the building are all accurate and true. This is also very important.
  • The registrar or sub registrar will then register the declaration and deeds involved under the Karnataka Government through an act that was made effective in 1908.

This is the general registration procedure involved in registering an apartment and the apartment association under the Karnataka Government.


This article aims at collating and providing information for benefit of ApnaComplex customers and blog readers. While ApnaComplex has taken every care to ensure the information is accurate, we suggest to please use it only as a guidance for further discussion and action with help of relevant professionals. If you need professional advise on this topic and any other property related matters, please send your request through our contact us form. You may post your questions/inputs in the Comments section below and we will try and get them answered through relevant subject matter experts.
Comments
  1. C R BABU

    My apartment complex which is registered under KAOA1972 has been functioning well and our association has no problem. However, the builder has created a rift between few owners and large section by inducing to merge our complex with the adjacent complex under construction. As per sec 6 of KAOA , such concurrence is required from all the owners ie 100%.This is also mentioned in our registered deed of declaration. The builder is saying that an EGM may be called and put to vote and even with simple majority he can merge the project. The procedure suggested is dissolve the association by revoking DOD and handover the complex to him. Two years after completion of the next complex he will again form an enlarged association and register. Many are not in agreement and only about 20% are in favor.
    Kindly advise whether it is possible to revoke Deed of Declaration without consent of all owners.

  2. Satheesh Kadiam

    @CR Babu – All apartment owners should consent to remove property from provisions of KAOA 1972.
    Also, all entitites which have charge on one or more apartments have to agree. Charge on apartment, means, some money is owed to some entity. The apartment is considered as guarantee to that entity for the money owed. For example, bank loans, taxes and default payments of monthly maintenance, all are charges on an aparment. (see section 14 and section 19 of KAOA 1972).

  3. Shankar Srinivasan

    As rightly said by Satheesh, the Builder can not force to dissolve the Association so formed under KAO Act 1972.
    As per the By law any dissolution of the Association or to take back from the Provision of KAO act, it should be approved in the General Body meeting, minimum 2/3rd of total flats registered as per act, not on the present in the GB Meeting.
    With just 20% owners supporting, the Builder can not able to do anything.
    Any way, full powers are vested to the President of the Association, formed under KAO act 1972 who have full powers.
    If you owners finds any concerns with office bearers, you all owners minimum 2/3rd can call back the office bearers so elected and re-elect new members to take control of the association.
    unity among all owners are very important and necessary.

  4. Rajashekar

    @Satheesh & Shankar,
    The presentation of Mr. Babu in this case is untrue as I do live in the same society.
    The facts are as follows:
    1. Our association is registered under KAOA and we have been running it successfully for the third term now.
    2. The builder had an integrated plan, as presented to all of us, when we booked our flats. However, they had built only half of it as first phase, because of the recession hit during the time.
    3. In the DoD, it was stated about the future developments and had promised the rights of access to the future common facilities (such as pool, clubhouse, shopping etc.) to all those who booked flats under first phase.
    4. The sale deed is silent on this, but has no conflicting or superseding clause.
    5. Now, the builder has completed his second part and written to Association (fearing violation of DoD and some residents approaching court if the promised facilities as per DoD is not made available to the phase-1 residents.) about his willingness to leave it as single society as initially planned and promised.
    6. However, the MC failed to respond to the builder for 6 months as a single individual who has been acting as adviser misguided them. This individual had created bad blood with the builder from the day-1 for some of his personal demands and his ego issues and found it a right opportunity to put the builder in trouble.
    7. In the mean time, builder built a wall in between the phases (as MC didn’t respond), thereby first time alerting the residents about the grave situation.
    8. The residents woke up and pressed MC for a meeting (about 100 plus owners reside here, out of which 85 people had signed a memo and presented for a meeting)
    9. In the meeting, MC appointed a sub-committee to study the case.
    10. Sub-committee took multiple legal opinions and discussed with builder and submitted their report recommending a common society as this is what was originally promised to the buyers through the DoD. In case of a denial of access, anyone in phase-1 has the right to approach court.
    11. The only legal hitch pointed out by the lawyers is that while builder (who is the current custodian of the common facilities of phase-2) is obtaining a declaration from the owners of phase-2 regarding their willingness to share the common facilities with phase-1, such a mandate is missing in phase-1 as the ownership of common facilities of phase-1 is already transferred to Association.
    11. The solution suggested is that MC may, on safer side, convey an SGM to pass a resolution that the residents of phase-1 are also willing to share their common facilities in return with the phase-2.
    12. Accordingly the MC has already called for an SGM to resolve this issue.
    13. However, the ego of a few individuals who are hated by the society is still not subsided and still manipulate the issue as i can see here.

  5. Rajashekar

    @ Satheesh & Shankar, I missed to write one thing.
    Having obtained your views as above, after presenting the distorted facts, the same was circulated to the members of the socity by Mr. Babu stating that the legal experts have given their opinion against a common society and hence it is illegal. That made me to search and find this blog and the comments. Thanks.

  6. Rajashekar

    The SGM today has mandated MC to go ahead with a common, merged, society with majority voting and we are now moving in right direction.

  7. vivek

    hi,

    Our builder has registered the DOD under KAOA 1972 act and I do not know what is he next step.
    Do we have to register under coperative society act or 1960 act again after the DoD registered under 1972 act.
    Or is there any other step we have to follow to registered an association under 1972 act. or DoD registration is a proof of registration of association under 1972 act and we do not have to do anything

  8. SUDHARMAN

    Dear All,

    I now live in a 300 plus new APPARTMENT complex, we are in the process of registration of the APPARTMENT owners Association. Can any one guide me, as to HOW MUCH will be
    The approximate Expenses in all for this process, so that we can
    Start collecting money from the flat owners,
    Thanks
    Sunder.

  9. ApnaComplex

    Hi Sudhar

    The costs really depend on your city and the CA/Lawyer you hire. But usually they will be between 20-40K for the apartment of your size.
    If you need assistance please let us know the apartment name and address so that we can refer some one in our network who can assist you with the process.

    regards
    ApnaComplex Team
    (P.S: Please note that you can go ahead and use ApnaComplex free edition and start communicating even before your association is formed. Please register for your society at https://www.apnacomplex.com/common_public/new_register_complex?utm_source=blog_comment&utm_medium=mail&utm_campaign=regular)

  10. Dear All,
    I own a flat in 12 units apartment in Bangalore. Living me alone all 11 members have registered DOD and got khata transferred. Please guide how I should get my khata transferred. Owner who sold the property and me are not in good terms.

  11. Gopal shastry

    Could you pl advice whether it is good to register under KAOA, 1972 or Cooperative societies Act? What r the major differences and once a complex is registered under cooperative Societies, can it be nigrated to KAOA later without much difficulty?
    As the assocaition is not yet registered by the builder , Bank Account cannot be opened and all the related issues. Would like to have a comprehensive response.
    thanks

  12. M Chandra Keerthi

    How to dissolve a registered apartment owners association in bangalore

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