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apnacomplexnitin
January 4, 2022

Moving-in and moving-out – here are the do’s and don’ts to know!

Moving-in and moving-out are common scenarios in every gated society. If you are new to living in a gated community or if you are a part of a newly formed association, then it is vital to know and have standard procedures in place.

Having a criterion helps the management know about the new residents who are moving in and enables them to onboard the new residents into the Society’s system. Likewise, it also helps them keep a record of residents who are moving out.

The Association of GM-Infinite, Phase 1, Bengaluru, shares the basic procedures they follow with ApnaComplex which you can implement for your society as well. Keep reading to know about the do’s and don’ts of the move-in/out process!

The Do’s

– Before the tenants move in/out, the owners must inform the association and furnish full details at least a week in advance via email including the date of the move-in/out, new tenants’ details, etc.

– A small move-in charge can be levied on the new residents while they are moving in. For instance, GM Infinite levies a one-time payment of Rs.1000 via online or card payment.

– Have a rule that move-in/out can happen only during particular hours. GM Infinite allows move-in/out only between 8 am and 7 pm.

– The new tenants must furnish ID proofs, rental agreement, and/or owner’s Email to initiate their registration with ApnaComplex.

– They must furnish their vehicle’s RFID (if there is one), RC Book photocopy, ID proof, parking allotment copy, etc.

– The residents who are moving out must clear all their maintenance and other dues before initiating the move-out procedure.

– They have to return the RFID sticker (if applicable).

– The management must delete the moving out tenants’ records in the ApnaComplex app.

– The NOC from the Maintenance department must be submitted at the security gate before moving out.

Don’ts

The don’ts listed below are primarily applicable to the tenants and are pertinent to their stay inside the Society.

– Tenants must never take the Society or the association for granted. They must never violate Society rules that are stipulated.

– They must never fail to pay the maintenance dues.

– They must never indulge in any sort of commercial activities inside the residential premises. If the residents are found to be non-compliant, the association has all the right to take necessary action against the said tenants.

The above rules are applicable to most of the Societies and these do’s and don’ts can be altered depending on how each Society functions.

Having a guideline in place makes things easier for all the parties and streamlines the whole process. We hope you find the above guidelines useful. To know how you can efficiently streamline and automate your Society’s everyday operations, please visit our website – apnacomplex.com.

apnacomplexnitin
August 1, 2018

Pets in Apartments: the Rights and Responsibilities of Pet Parent

Many people love the idea of having a four-legged furball at home. They tend to have a therapeutic presence. Animal lovers will do anything for their furry friends. But others consider them a nuisance. Pet-related activities are disapproved of and even opposed. Often, people forget that other species on the planet also need a place to live. Sheltering a few homeless animals, newborn or aged, is not a bad idea.

The perpetual debate of whether pets must be allowed in apartment complexes, or not, has made us realise that there is a need for a clear understanding of the situation (especially before we jump to conclusions about the rights and wrongs).

Authorities within residential areas often send out circulars that have rules and regulations about pet ownership. These circulars contain ‘vital’ information about whether or not they can be allowed to live with their human caretakers. What people are unaware of is there is no law enacted by the Parliament, or any State Legislature, that bans animal friends. At most, you may have to register your pet (In many parts of the country you are legally required to register your pet). More often than not people end up having to choose between their home or their animal companion. This violates a fundamental right of being a citizen of this country. The right to make personal choices is protected by the constitution of India.

Following are the issues faced by pet owners:

Pets being banned on society premises on account of being noisy.
Prohibiting homeowners from using parks, lifts and other facilities if they are accompanied by pets. Also, being charged for the same.
Being charged ‘pet rent’.
Forced usage of muzzles (on calm pets).
Discrimination as per the size and breed of pets allowed in the housing society.
Being asked for a pet resume before being given the flat on rent (A pet resume contains the pet’s basic details, previous rental experience, health, behaviour, references, etc).

To make matters clear:

No bans can be imposed on usage of facilities (like lifts and parks) by pets.
RWAs cannot impose any extra charges for this, either.
Pets and resident owners of the pets not violating any Municipal Sanitary Bye-Laws or Regulations are permissible to stay in the society or community.
Size of pets cannot be a valid reason to ban them from society premises.

Such rules are highly discriminatory and might lead to friction among the members of the society. But, it must be kept in mind that these objections have risen due to certain behaviours of pet animals that have inconvenienced people in some way or another in the past.

As has always been, rights come with responsibilities. Pet owners must come forward and offer to adhere to simple, implicit rules and mannerisms. This will eventually resolve the issues that lead to discriminatory circulars.

So, to make things fair:

The pet owners must make sure that there is no nuisance caused in the society due to their furry pals.
When out of the house and in the premises of the complex, the pets must be accompanied by their owners or anyone who has them under careful observation.
Since there is no central law regarding cleaning pet excreta, RWA can request pet owners to do the same.
Training must be provided to the pets in apartments on identifying people walking in and out of the apartment wing. This will help prevent them from getting provoked when neighbours and children are around.
The animals should be taken to an obedience class/training class as well. A certificate is generally provided once the animal recognises behaviour signals.
Crate/kennel training is another way of training the pet to stay in one place as it provides a feeling of security to the animal.
The pets must also be trained, through positive reinforcement, to not get aggressive around other animals and prevent matters from going downhill.
Pets must undergo regular vaccinations and medications required to stay healthy.
The owners should take responsibility for their pets.
Children and residents must be asked to not provoke or tease the animals.

In conclusion, the society representatives and pet owners, must organise regular meetings and address the issues each party faces, and meet each other halfway. Non-pet owners must be sympathetic and flexible towards pets and their owners. The latter must take precautions to ensure that they and their furry friends continue to behave like responsible members of the community.

(The Governing Body in India Concerning Animal Welfare- The Animal Welfare Board of India, 1962, was the first of its kind to be set up in the world, by any Government. It was established as a part of the Ministry of Environments and Forests, Government of India, in accordance with Section 4 of the Prevention of Cruelty to Animals Act 1960 (No.59 of 1960). It has a list of bye-laws for pets, and was created to advise the Government on matters concerning animal welfare and preventing the infliction of pain on animals.)

Disclaimer: This information is offered as a public service. While we try to make it accurate as possible as on the date of publication, the laws change and more importantly the way we interpret laws could also change. We cannot promise that this information is always up-to-date and correct. We strongly recommend you to always consult appropriate professional advisers for your society to ensure compliance. We are not responsible for any actions or non-actions that are done by you based on the information present in this article or any other article on this blog.

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ApnaComplex
July 19, 2016

Pets & apartments: Why they get to stay and you do too

The perpetual debate of whether pets must be allowed in apartment complexes, or not, has made us realise that the need for a clear understanding of the situation is at an all-time high (especially before we jump to conclusions about the rights and wrongs).

The idea of breeding pets in apartments is welcomed by a lot of people. Animal lovers will do anything for their furry friends. But they are also considered a hindrance by many. Pet related activities are disapproved, and even opposed. Often, there is no second thought given to the fact that species other than humans need a place to live as well. And considering we’ve occupied most of the area a domestic animal needs to reside in, we humans need to be a bit more open-minded about such sensitive decisions.

As a lot of us know, local authorities are popping up rules and regulations, in the form of circulars regarding pet animals. These circulars contain over-hyped ‘vital’ information about whether or not they can be allowed to live with their human caretakers. But some pet enthusiasts don’t realise that as per the Parliament, or any State Legislature, there is no law enacted that bans animal friends. The most any of these groups can do is insist on registration and licencing of pets. They, often than not, are torn between choosing from among the home and their beloved animal companion. This should not be the case. It violates the fundamental freedom of being a citizen of this country.

Following are the issues faced by pet owners:

Banning pets on society premises.
‘Dog barking’ being cited as a valid reason to impose a ban.
Prohibiting homeowners from using parks, lifts and other facilities if they are accompanied by pets. Also, being charged for the same.
Being charged ‘pet rent’.
Forced usage of muzzles and leashes (on calm pets).
Discrimination as per the size and breed of pets allowed in the housing society.
Being asked for a pet resume before being given the flat on rent (A pet resume contains the pet’s basic details, previous rental experience, health, behaviour, references, etc.)

To make matters clear:

No bans can be imposed on usage of facilities (like lifts and parks) by pets. RWAs cannot impose any extra charges for this, as well.
Pets and resident owners of the pets not violating any Municipal Sanitary Bye-Laws or Regulations are permissible to stay in the society or community.
Size of pets cannot be a valid reason to ban them from society premises.

Rules like these result in service quality of the society’s provisions turning low. But, it must be kept in mind that these objections have risen due to certain behaviours of pet animals that have inconvenienced people in some way or another in the past.

So, to make things fair:

The pet owners must make sure that there is no nuisance caused in the society due to their furry pals.
When out of the house and in the premises of the complex, the pets must be accompanied by their owners or anyone who has them under careful observation.
Since there is no central law regarding cleaning pet excreta, RWA can request pet owners to do the same.
Training must be provided to the pets in apartments on identifying people walking in and out of the apartment wing. This will help prevent them from getting provoked when neighbours and children are around.
The animals should be taken to an obedience class/training class as well. A certificate is generally provided once the animal recognises behaviour signals.
Crate/kennel training is another way of training the pet to stay in one place as it provides a feeling of security to the animal.
The pets must also be trained, through positive reinforcement, to not get aggressive around other animals and prevent matters from going downhill.
Pets must undergo regular vaccinations and medications required to stay healthy.
The owners should take responsibility for their pets.
Children and residents must be asked to not provoke or tease the animals.

Pet owners must come forward and offer to adhere to simple, implicit rules and mannerisms by themselves. This won’t even let the problem of notices and circulars arise in the first place. It is eventually the landlord/society’s job to rightly recognise responsible pet people.

In conclusion, to get rid of these issues in a sure-shot way, the society representatives and pet owners, both parties, must organise regular meetings and address the issues each of them face, and meet each other halfway. Non-pet owners must be sympathetic and flexible towards pets and their owners, and the latter must take precautions to ensure that there are no discrepancies regarding their co-ordination with approved and disapproved behaviours.

(The Governing Body in India Concerning Animal Welfare-
The Animal Welfare Board of India, 1962, was the first of its kind to be set up in the world, by any Government. It was established as a part of the Ministry of Environments and Forests, Government of India, in accordance with Section 4 of the Prevention of Cruelty to Animals Act 1960 (No.59 of 1960). It has a list of bye-laws for pets, and was created to advise the Government on matters concerning animal welfare and preventing infliction of pain on animals.)

Now that we’ve given you a solution to this problem, let’s check out what the pets themselves have to say:

I’m tired of the fights. Let’s just talk it out, please.

Come on. How can you say no to that face!

HA HA!

Got you there, didn’t we?

Did I say something wrong?

What are all of them looking at anyway?

Oh him.

” Someone say my name, Mr. Fan-tabby-ulous? “

Oh well, welcome home!

And cheers to good decisions!

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ApnaComplex
February 13, 2012

New Feature: Announcing Bye Laws and Amendments Module in ApnaComplex

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!

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!

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ApnaComplex
April 26, 2011

Launching Society Registers Module – Easily Comply with Regulatory Requirements Now

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.

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!

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ApnaComplex
February 24, 2011

Penalties In A Housing Society – Effectively Creating A Revenue Stream

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.

Use penalties as alternate revenue channel

Penalties Can Help In Establishing Order

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.

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ApnaComplex
December 27, 2010

What Apartment Owners Association Rules State About Running Small Businesses From Home

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.

Setting up home office can be tricky

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.

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!

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.

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ApnaComplex
December 21, 2010

Apartment Owners Association Bye Laws – The Basic Bye Laws For Each Apartment Association

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.

Knowing All Bye Laws Can Be Helpful

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.

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.

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ApnaComplex
December 18, 2010

Karnataka Apartment Owners Act Part Two – Contents Of Declarations And Deeds Of Apartments

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.

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.

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ApnaComplex
December 17, 2010

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

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.

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