Category Apartment

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

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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ApnaComplex
December 15, 2010

Apartment Association Terms Explained – Part One

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.

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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