Bye Laws are the constitution of a Housing Society (Refer: old post on bye laws). Every registered housing soiciety have bye-laws that contain the governing principles of that society. Every society has the right to amend these bye-laws from time-to-time to ensure the governance and administration is more efficient.

However, in almost all societies its a night-mare to find the list of all amendments done to the bye laws at one place. These amendments are typically scattered over in multiple mails, minutes of meetings, some presentations or word documents – making it almost impossible to keep track of how the bye-laws evolved over a period.

Not anymore! In yet another first, with the launch of new Bye Laws module in ApnaComplex, members can read the bye laws and all the amendments at a single place. No more searching for documents in the repository – the content of bye laws and amendments can be accessed right from the menu bar by members.

Administrators can update the bye laws and also add/update/delete amendments and capture details such as date of amendments, date of meeting in which amendment was approved, who proposed it and who seconded it.

ApnaComplex makes information instantly accessible when you actually need it!

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Get your Society on ApnaComplex – Today!
ApnaComplex is India’s most comprehensive web based housing society accounting, management and communication software. It is designed to make the life of residents and owners a lot better by bringing in more transparency and accountability in managing a housing society. Check out the features of ApnaComplex and sign up your society today to get the benefits! We offer a free 30-day trial as well so that you can try before you buy!

In yet another first, at ApnaComplex , we launch a new “Society Registers” module to specifically cater to Maharashtra based housing societies.

The new module, Society Registers, enables associations and housing societies to comply with some of the regulatory needs as per The Maharashtra Housing Society Act. The Society Registers module is a central place to maintain all data as required by the regulatory authorities in the formats defined per the Society Act.

At present, ApnaComplex supports following registers

• Form-J (Register of Members)
• Register of Committee Members
• Register of Investments
• Register of Nomination
• Register of Shares
• Property Register
• Levy Charges Register
• Audit Reports Register
• Transfer Register

And more are in the pipeline. All data into the registers can be added/modified/deleted with the history of all changes made being automatically stored. Society committee members can print the registers directly or download them into excel as per their needs.

With this addition, ApnaComplex becomes the first and the only web-based solution to cater to specific needs of Maharashtra Societies.

While the registers are created with primary objective to meet needs of Maharashtra based societies, Associations from other parts of the country as well can definitely benefit from them to maintain data in extremely structured way regarding their complex/society.
For example, a Transfer Register helps keep track of the history of a given Flat – who was original owner, and when a re-sale happened and to whom. An Levy Charges Register helps keep track of the history of how corpus fund / maintenance charges are levied in a society and the basis for the same.

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ApnaComplex is a web based housing society accounting, management and communication software. It is designed to make the life of residents and owners a lot better by bringing in more transparency and accountability in managing a housing society. Check out the features of ApnaComplex and sign up your society today to get the benefits!

The managing committee in every housing society is responsible for maintaining and managing the infrastructure. There is a steady stream of revenue that the management committee gets every month, as and when all residents in the apartment complex pay their maintenance dues.
There are other ways through which a managing committee can earn some steady revenue, so that it can build new structures and improve the existing infrastructure without cutting a hole through the pockets of all residents.

Interestingly, an apartment association can mimic a government’s functioning and use penalties as a form of revenue, to ensure that its internal processes are carried out in an unaffected manner.

Why Use Penalties As A Source Of Revenue?

Using penalties as a source of revenue can aid an association in two ways.

• Creating Order: It will help in tightening up the existing system and making the residents more responsible and punctual when it comes to paying their dues. A system where no action is taken on defaulters will only invite more lethargy and bring in complacence. A managing committee can create a set process in this way, bringing in more control and transparency to its administration.
• Tapping Into A Revenue Source: It will act as a source of money, and in this way new structures that are essential for every housing society like Rain Water Harvesting structures (including pits, dug wells, hand pumps, trenches, and recharge wells) can be constructed straight from the apartment association’s funds without collecting money from the residents. As long as this system is made transparent, there will be no issues whatsoever. Members of the managing committee should maintain records for all penalties collected and how and where the money has been put to use.

Wondering how to easily keep track of the penalties and payments against them?
More often that not, the reason for not imposing penalties in a housing society is the administration hassle associated with imposing them and ensuring a collection of the same. Its a nightmare to keep track of these without help of proper tools.


ApnaComplex’s powerful accounting features come in handy here. Treasurers can easily post the penalty charges to a member’s account and the member clearly would be aware of the penalty charge s/he has to pay. Treasurers can easily track the payment against the penalty. Most importantly, this brings about a transparent way of dealing with situations leading to penalty. What’s more – ApnaComplex being a complete accounting solution – the penalties collected can be categorized under any number of different heads of your choice – such late payment penalties, or common area penalties etc. and all of them would get reflected in your balance sheet and income/expense statement that every member can clearly understand. Absolutely, more transparency.

Yet another instance where using ApnaComplex not only saves effort, but also improves orderliness and even generates revenue for your society. Sign up your society today and get the benefits.

Where Can Penalties Be Charged?

Every housing society has its own set of bye laws, and these bye laws will provide information about the many penalties that can be levied on defaulters. The members of the managing committee can charge some penalties for the following acts:

• Violation of Bye-Laws – Most association bye-laws has rules on how balconies must be kept clutter free not spoiling the facade of the apartment complex, how to manage garbage, how to maintain sound levels etc. Still, there could be Residents/Owners who violate terms by having messy balconies, cause inconvenience to neighbors with loud music or wood work during nights etc. and association can consider imposing penalty charges for the same.
• Damage To Common Areas – The managing committee in a housing society can fine people for damaging important structures in the apartment’s common areas. A person who causes any form of damage to elevators, benches, roads, staircases, or swimming pools in the housing society can be fined. Penalties can also be charged for damages caused to gym equipments or library assets.
• Raising Pets – Though, not exactly a penalty, this is one major source of revenue that an association can tap into. Not all housing societies have bye laws that allow people to raise pets; so members of the managing committee can charge people who have pets in their household (if pets aren’t allowed). A pet deposit can be taken or pet rent can also be levied every month to create a steady source of revenue.
• Late Payment Of Dues – This is the most obvious and frequently used – Residents in the housing society who don’t pay their maintenance charges within the stipulated time can be penalized, and for this, a deadline should first be set and made public. This will help in making the collection process more effective.

But remember, before imposing any penalties, all the associated rules and the penalty amounts must be proposed, discussed, and voted in an AGM. Association cannot impose penalties with out first getting them approved in an AGM and recording those minutes.

If you have a potential business idea or service that you want to try out in mind, it is always wise to consult the managing committee in your apartment association well in advance. Having a small chat with the managing committee members of your apartment association can set a lot of things straight and can help you learn more about the rules and regulations involved with running a business from your flat in the apartment complex.

The Rising Trend

Workspaces are now shifting, and people no longer have to necessarily work from offices. With the advent of the internet, people can work from home with the help of a constant internet connection. Freelancers are popping up everywhere, and this is slowly turning out to be the latest mantra.

It’s likely that many people are continuing to work from home without any idea about the regulations or rules that they may be breaking. This is not a wise move, as this may turn out to be a problem sooner or later when other residents start noticing the general happenings.

So where do apartment complexes in India stand when it comes to using residential houses for commercial purposes?

The answer for this question depends on the type of business carried out. Every apartment association may have a different take on the same issue. In an overall view, using a residential apartment for business use is strictly prohibited, regardless of whether the business is conducted by the members of the household, or by a third party. The general laws state that residential units can be put to commercial use in a scale of 20%.

Do apartment association bodies have byelaws that pertain to this scenario?

Any apartment association worth its salt will have regulations that cite such instances. However, the laws state that a residential unit should not be put to ‘commercial use’. Not all jobs fall under this broad category, and this is exactly why you should consult the members of your apartment association and ask them for their views.

Commercial activities are defined as activities that involve the purchase, production and sale of physical goods, as per the law. Any kind of service provided does not fall under this category, and if that’s what you’re looking to do – your apartment association can give you the go-ahead.

Providing Services

Commercial activities are not allowed in a residential complex by the apartment association mainly because of security concerns. Your neighbors will obviously be annoyed if people keep visiting your house in noisy packs, by parking their vehicles in spaces that are purely meant for residents.

If you’re planning on providing services that are not commercial in nature, like Yoga classes, then you can talk to the managing committee in your apartment association and get the committee’s approval. You can also provide tuitions for school or college students, and other services like arts classes, dance classes and painting classes, provided your services do not interrupt the daily lives of your neighbors.

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ApnaComplex is a web based apartment management software. It is designed to make the life of residents and owners a lot better by brining in more transaparency and accountability in manging the complex. Sign up your complex today and get the benefits!

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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.

Apart from the deeds and declarations involved in buying an apartment, there are also many bye laws that you will need to be aware of. These bye laws will govern every property’s administration and a copy of these bye laws will always be attached to the Declaration statement. You will need to know the content of these bye laws before buying your apartment, just to be on the safer side.

You will also find it easier to communicate the legal aspects with your real estate lawyer if you’re aware of these bye laws and their contents.

One major aspect of these bye laws is that these cannot be modified or tweaked with, under any circumstance. In order to modify a few bye laws for practical purposes, they should be placed as an amendment along with the Declaration. Only persons with authority will be authorized to fill up such an amendment.

What Bye Laws Are

These bye laws will be mainly responsible for governing the activities of the managing committee. While deeds and declarations will be part of the legal processes associated with obtaining an apartment, bye laws will be more focused towards the managing committee in an apartment complex and how members are initiated and expelled from the same. This is why it is mandatory to have some sound knowledge on these issues in order to exercise your rights to the fullest.

 

What They Involve

• Bye laws for apartment complexes will be mainly concerned with the following issues:
• Bye laws will apply to the method through which the Board of Managers or the Managing Committee in an apartment complex is elected. This is the main area where these laws are applicable. Bye laws will clearly cover the following aspects under the subject of the Managing Committee
  • The strength of the committee (that is, the number of members the committee can/should have)
  • The term that each member in a particular position in the committee can serve
  • The methods involved in the initiation and removal of members of the board
  • The collective powers that the members of the board possess
  • The collective list of duties for all members of the board
  • The bye laws will also specify the conditions under which the services of a secretary can be engaged in the apartment association. They will also specify the powers that any individual acting as secretary in the apartment association will have.
  • The bye laws will specify the method through which a Secretary can be appointed or elected. The Secretary’s main duty under the bye laws has been specified as ‘maintaining the resolutions and minutes of every meeting’.
  • The same details as mentioned above will also be specified for the Treasurer’s post.
  • Bye laws will also cover the procedure for appointing and relieving maintenance personnel.
  • The bye laws also clearly state the conditions under which every resident should use the public spaces in an apartment complex, without interfering with the activities or privacy of other residents.  

These laws can help you get a fair understanding on the rights you hold as a member of the apartment association. They will also help you exercise your rights regularly and in the right manner.

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Related Post: Bye Laws: The Constitution of your Apartment Association

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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.

While registering your apartment under the Karnataka Apartment Owners Act, you will need to be aware of the contents of the deeds and declarations involved, as this is necessary.

Not many people these days take the effort to know what works in the legal section of obtaining an apartment while registering their building under the Karnataka Apartment Owners Act, and this is not a very good sign. Having good knowledge on the legal proceedings can help you immensely in communicating effectively to your lawyer.

Learning legal information is not rocket science, as you will find out through the course of this post, as very basic facts and figures are involved.

The content that an apartment’s deed and declaration will hold has been given below.

Karnataka Apartment Owners Act Details – Declaration Contents

• The declaration will hold many particulars, and the most important of these is the land description. The nature of the land involved will be given in a detailed manner (that is, whether the land falls leasehold or freehold categories).
• A detailed description of the building will follow, stating the number of basements and storeys in the particular building. The number of apartments involved will also be mentioned, and the basic materials used to build the structure will be specified.
• Details will also extensively include the apartment number of each apartment that falls under the span of the building, the number of rooms present in each apartment and the dimensions of the same, and also the common areas that the apartment has access to. This is used for identification purposes.
• The value of each apartment is also mentioned in the Declaration, and the overall value of the property and the percentage of interest (undivided) that each resident will bear for access to the common areas in the apartment complex will also be mentioned.
• A set of bye laws will also be attached with the Declaration during registration. In simple terms, these bye laws are more targeted at apartment associations and they will involve procedures for appointing people into the upper tier of the apartment association.
• The Declaration will also contain the name of the person that the entire registration process in carried out under. All personal details including the residential address, the contact details and occupation will be specified.

These are the basic details that will be included in a Declaration, under the Karnataka Apartment Owners Act.

Karnataka Apartment Owners Act Details – Deed Contents

• The Deeds will contain more or less the same content as given in a declaration, including a description of the land that the apartment complex or building is set in.
• The Deeds will also contain information that can be used to establish the identity of the particular apartment, including the apartment number as stated in the declaration.
• The Deeds will contain the percentage of interest (undivided) pertaining to the common areas in the apartment.

These are the basic details involved in a Deed under the Karnataka Apartment Owners Act. Any real estate lawyer will be able to smoothly take you through the procedures involved without any issues.

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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.

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.

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.

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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.

Apart from the basic terms, there are many other terms that are regularly used in an apartment association. Knowing these terms can aid you in comfortably becoming a member of an association yourself, where you’ll find that your knowledge on these terms is useful. This is the second part in the series of articles. The first part can be found here: Apartment Association Terms Explained – Part One

Apartment Association Terms – Common Areas & Common Facilities:

Members of any apartment association frequently talk about common areas and common facilities. The primary question that runs through every single initiate’s mind is – what exactly are these areas, and how are they shared?

Common areas in an apartment primarily include the land in which the entire complex is built in.

• Physical entities like the columns of the building, the foundations of all buildings in the complex, the many girders that run through the structure, the beams used for support; other physical structures used for support are also a part of the mentioned common areas for residents.
• Other places like the roofs of all buildings, the corridors in each building, the halls that the complex has, staircases, lobbies, the main entrance of each building and the exit of each building all together make up the common areas in an apartment complex, according to the apartment association.
• Even the cellars in the buildings in an apartment complex and the vast gardens and parking areas can be effectively classified as common areas in the complex. The list includes basements and storage spaces too.
• Many facilities provided in an apartment complex for the benefit of the residents also fall under common facilities or common benefits. All apparatus used in an apartment complex, like motors, water pumps, compressors, fans, ducts, storage tanks and even elevators fall under the general umbrella of common facilities. The facilities that can be termed as common will be fully mentioned in the Declaration.
• Any commercial facilities that may be provided in the apartment complex need to be mentioned in the Declaration, for them to be recognized as proper common facilities.
• Public installations that provide the entire apartment complex with services like heating, lighting, air conditioning, cold water, hot water, power and refrigeration can also be termed as common facilities.

Apartment Association Terms – Common Expenses & Common Profits:

The term ‘common expenses’, although clear through its usage, can apply to a lot of things.

• The common expenses of the apartment association (as per the bye laws specified by the Government) fall under the umbrella term of ‘common expenses’.
• All expenses that are shared by members of the apartment association are terms, or the maintenance and steady upkeep of all common areas, are termed as common expenses too. All common expenses will be explicitly mentioned in the bye laws and these just have to be followed per se.
• After the maintenance work and upkeep in a complex is done, if any amount from the original amount collected from all residents remains, it is termed as a ‘common profit’. Such profits will be shared among all members of an apartment association.

These are the many terms that you should be aware of, pertaining to shared areas and common facilities in an apartment association.

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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.

Learning about many terms used in an apartment association can be very helpful indeed. These terms will come to your rescue when you’re facing a huge wad of legal paperwork, and when you’re finding the formal tone and legal jargon extremely hard to understand and digest. Although we all may know the generic meaning for terms like ‘apartments’ and ‘apartment owner’, the legal meaning may be more loaded that what people can normally comprehend. Knowing all legal terms and learning about various definitions from a professional perspective can thus help you.

When reading up on the terms used in an apartment association, always go for a trusted source.

Terms Used In An Apartment Association

Given below are a few terms used in an apartment association, and their proper explanation. All these terms are defined under the Karnataka Apartment Ownership Act of 1972, which defines and talks about an individual’s ownership over a set dimension of property. You will learn more about the constituents of this act when you take up the registration procedure for your deeds and Declaration.

Apartment:

An ‘apartment’ is basically a term used to denote a residential section in a building that can be located in any of the mentioned floor, with any number of rooms. An apartment may also be present in more than one floor, or in parts in each floor. Apartments, as per the Apartment Ownership act, have a direct exit to a public road or street, or even highway. Apartments which do not fall under this category may have a direct exit to a public space or common area, which may in turn lead to a public street or highway.

Apartment Owner:

An apartment owner will normally refer to a person who owns an apartment, and has some undivided interest in all shared regions in the apartment complex too. The interest and other particulars will be duly mentioned in the Declaration, and these can be taken from the documents directly.

Apartment Number:

The letter or number designated to a particular apartment is the apartment number. The number will be mentioned in the Declaration, and it may either be a letter, a number or a mixed combination of both these things. The apartment number is first specified in the declaration.

Association of Apartment Owners:

This is a term that is used to denote all the members of an apartment association. The people who together form the apartment association are collectively termed as an Association of Apartment Owners. True to the term, these individuals will have an apartment in the premises in their name and will all be owners of at least one apartment in the complex.

Building:

In the jargon used in an apartment association, a building normally means a residential structure that houses at least four (or more) apartments. A collective building can also refer to a structure with two buildings with two (or more) apartments in each building. A minimum of four apartments are seen as necessary either way.

These are the very basic definitions that you first need to know and understand in order to proceed to the later ones. Other definitions on common areas and public spaces will soon follow.

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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.

Hyderabad is a rapidly growing city and the IT capital of Andhra Pradesh. Real estate in Andhra Pradesh, or for that matter, Hyderabad, is growing rapidly, with an increasing demand for residential apartments and flats.

Talking of flats and apartments, it is imperative that an apartment complex has a registered apartment association in order to ensure smooth functioning of the society. The Apartment Owners Association takes care of the management of common apartment areas and all welfare requirements of the residents. The Apartment Owners Association elects a Managing Committee, which is responsible for collecting maintenance fees and using it for the upkeep of common amenities, such as the lift, club house, gym, apartment security, and various other issues.

However, the Apartment Owners Association needs to be registered to be recognized as a legal body and exercise legal rights. While Apartment Associations need not be mandatorily registered, it is certainly advisable to register the association of your apartment. Here’s the procedure for the formation of an Apartment Association in and Hyderabad, Andhra Pradesh.

There are various laws under which the Apartment Owners Association can register itself in Andhra Pradesh- the Societies Registration Act, 1960, which is a central act applicable to all states in India, other than Jammu and Kashmir; A.P Societies Registration Act, 2001, which is the registration act specifically released for the state of Andhra Pradesh. This act extends to the entire state.  Only a group of seven or more people, who work for public interest at large, such as promotion of art, culture, literature, religion, science, philosophy, can register under this act.; or The Andhra Pradesh Apartments (Promotion of Construction and Ownership) Act, 1987. In fact, most apartment associations in Andhra Pradesh are registered under this act.

 According to this law, Association of Apartment Owners is defined as “all the apartment owners acting as a group in accordance with the provisions made by it in the bylaws”. The builder, who has constructed the apartments for the purpose of selling them, is called the “Promoter” according to this law. Under this law, the promoter has to submit in writing the date by which the apartments will be handed over to the apartment owners, as well as a list of common properties and documents that will be handed over to the Apartment Association.

According to The Andhra Pradesh Apartments (Promotion of Construction and Ownership) Act, the common property of the Association includes:

• The land on which the building is located.
• Stairs, entrances, fire-exits, elevators, terraces, lobbies, halls, basements, parking lots, cellars, children’s playing grounds etc.
• Premises for the lodging of persons employed for the management and maintenance of the building.
• Installation of central cervices such as water, electricity, gas etc.
• All apparatuses and installations for general use such as tanks, bore wells, and pumps.

  To register under the A.P Societies Registration Act, 2001, or Andhra Pradesh Apartments Act, 1987, a set of documents along with a formal application needs to be submitted to the Registrar of the District. The application must have the signature of all the applicants as well as that of a witness. The following documents need to be attached with the application:

A Memorandum of Association of the society, which must include:

1. The name of the society
2. The aims and objectives of the society
3. The name and occupations of the members in the committee
4. The person in the committee who is authorized to correspond with the Registrar of the District
5. The by-laws of the society stating the membership eligibility; process for electing the Managing Committee; rules for holding meeting, quorum, functions and responsibilities; the office bearers with their responsibilities, election and removal process; types of fund raising, appointment of auditors, and other matters relating to internal management and dispute resolution.

All the documents submitted must be typed or printed and signed by all the applicants. All the persons who sign the application papers are considered the original members of the Association. However, later on, more members can be added to the Apartment Owners Association. It should be noted that it is mandatory for all owners of an apartment complex to become members of the Association.

Once the memorandum and by-laws are found to be legally valid, and the required registration fee has been paid, the Registrar issues the Apartment Association a Certificate of Registration, which proves that the society is legally registered.

However, it is vital to note here that the law requires a signed document to be registered within four months from the date of signing of the document. If it exceeds the given timeline of four months, a penalty is levied as late registration charges.

After the Association is registered it can take legal action on the behalf of the owners, as well as maintain the apartment and enforce the by-laws.

Read also: Bylaws: The constitution of your Apartment Association  and download a sample byelaws template that you can customize for your needs

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 This article aims at collating and providing information on forming an association for benefit of ApnaComplex customers and 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.