Apartment Related - Articles, News, Laws Etc.
New apartments with 20 or more units must have STPs
Jun 9, 2017, 01.01 PM IST
BENGALURU: City development minister K J George on Thursday said the mandatory installation of sewage treatment plants (STP) in apartments with 20 units is only for buildings that have come up after February 2016, when the rule was introduced.
Residential apartment blocks constructed prior to February 2016 will be exempted from the Bangalore Water Supply and Sewerage Board (BWSSB) rule, he said.
Replying to a question in the legislative council from Chowda Reddy of JD(S), George said apartment buildings that do not require STPs but have been penalised by BWSSB will be reimbursed by way of adjusting the penalty amount against future water bills.
"The existing rules mandate that buildings with 50 apartments, commercial space of 2,000sqft and educational institutions of 10,000sqft have to set up STPs. The strain on the underground drainage system (UGD) from new apartments, commercial complexes and education institutions cannot be ignored. Hence, the rules have been amended to make new ventures install STPs. The old apartment blocks with 20 units or less and educational institutions with 5,000sqft will be exempted from the amended laws," he said.
As an incentive to old apartment blocks and educational institutions, the minister said the state will consider a 30% rebate on the sewage cess levied if they decide to set up STPs.
Registration of Apartment Owners Association
Posted in Legal By san On November 2, 2009
We have been receiving many questions related to the procedure for registering Apartment Owners Association / Home Owners Association in Karnataka, under the Karnataka Societies Registration Act – 1960 . Here are the answers.
To get the Association Registered before the Registrar of Societies the following documents are to be prepared:
1. Proposal letter addressed to the Registrar of Societies for formation of Association duly signed by the Executive Committee Members.
2. Name of the Association.
3. Address of the Association.
4. Proceedings of the First General Body Meeting
5. Memorandum of Association
6. List of Governing Body/Executive Committee Members, with their passport size photographs.
7. Bye Laws (Rules & Regulations)
All the above documents to be prepared in Kannada for purpose of Registration.
The approximate expenses for purpose of Registration (legal help inclusive) will be around Rs.15,000 to Rs.18,000.
For professional assistance regarding registration of your Association, please email support@apartmentadda.com
Note: For learning more about Apartment Owners’ Association please see http://apartmentadda.com/blog/2009/03/10/a-guide-to-apartment-owners-associations-in-bangalore/
For knowing about the Documents required under Karnataka Apartment Ownership Act, please see http://apartmentadda.com/blog/2010/06/11/association-under-karnataka-apartment-ownership-act/
---------------------------------------------------------------------------------------------------------------------
Difference Between KSRA and KAOA
Posted in Legal By krish On March 3, 2015
The Karnataka Societies Registration (KSRA) Act of 1960 and Karnataka Apartment Ownership Act (KAOA) of 1972 have 6 notable differences amongst them. They are as follows:
1. Eligibility / No. of Persons
KSRA – 7 members who are above 18 years can get the association registered.
KAOA – 4 apartments to form a building. All the owners have to come together to get the association registered.
However, this tedious process can be avoided by execution of power of attorney from all apartment owners in the name of one, to submit their property under the association.
2. Documents/Processes
KSRA –
• Application
• Proceedings of the first Meeting;
• Memorandum of Association;
• List of members of Executive Committee with name, address, occupation, age and signature; and
• Bye-laws of the Association
KAOA –
• Year of Construction of the Apartment Building.
• Sanction Plans, Approval Plans and Occupancy Certificate of the Apartment Building.
• Declaration and Deed of Apartment made in respect of every apartment contained in the building forming part of the property together with a memorandum. This can be done in a single Deed listing out all the apartments
• Khata to be changed in the name of the owner (s)
• Sale Deed/s of the Land on which the Apartment Building exists.
• No. of Owners in the Apartment Building and Sale Deeds of such owners.
• Prospective name of the Apartment Association/ Society.
• No-Objection Certificates from local Bodies.
3. Time of Registration
KSRA – The moment 7 members above the age of 18 years consent becoming members, and registering the Society/ Association.
KAOA – Only when all the owners are present and come together with their consent.
4. Authority –
KSRA –
• Registrar- officer appointed by the State Government;
• where no such officer is appointed, the Inspector General of Registration in Karnataka.
KAOA –
Jurisdictional office of the Sub Registrar
5. Annual Compliance
KSRA –
a) General meeting: Every society registered under this Act shall hold every year a general meeting called the annual general meeting at which: report of the management of the society for the previous year, audited copy of the balance sheet, income and expenditure and account and the auditor’s report shall be submitted for approval.
b) The first annual general meeting shall be held by a society within 18 months of its registration. The next annual general meeting of the society shall be held within 9 months after the expiry of the first annual general meeting.
• Balance sheet and annual list of governing body to be filed with Registrar: On or before the 14th day succeeding the day on which the annual general meeting of a society is held.
• To be filed with the Registrar names, addresses and occupations of the members of the governing body then entrusted with the management of the affairs of the society copy of the balance sheet and income and expenditure account audited by a person who under section 226 of the Companies Act, 1956 (Central Act 1 of 1956), can act as an auditor of companies.
• Accounts: The governing body of every society registered under this Act shall keep at the registered office of the society or at such other place in the State as the governing body thinks fit, proper books of account with respect to
(1) all sums of money received and expended by the society and the matters in respect of which the receipt and expenditure takes place;
(2) all sales and purchases of goods by the society; and
(3) the assets and liabilities of the society.
KAOA –
No Annual Compliances mandatory under the Act. However, governing powers need to be captured under the Bye-laws of the association.
6. Stamp Duty and Fees
KSRA –
a) For Registration of Memorandum of association and rules and regulations of Society under Sub-section (1) of section
i) if society is situated within Bangalore Metropolitan Regional Development Authority limits: Rs. 1000/-
ii) if society is situated in any other area: Rs. 500
KAOA –
Stamp Duty will be ascertained upon production of the Declaration of Deed and other documents prescribed above.
1. Eligibility / No. of Persons
KSRA – 7 members who are above 18 years can get the association registered.
KAOA – 4 apartments to form a building. All the owners have to come together to get the association registered.
However, this tedious process can be avoided by execution of power of attorney from all apartment owners in the name of one, to submit their property under the association.
2. Documents/Processes
KSRA –
• Application
• Proceedings of the first Meeting;
• Memorandum of Association;
• List of members of Executive Committee with name, address, occupation, age and signature; and
• Bye-laws of the Association
KAOA –
• Year of Construction of the Apartment Building.
• Sanction Plans, Approval Plans and Occupancy Certificate of the Apartment Building.
• Declaration and Deed of Apartment made in respect of every apartment contained in the building forming part of the property together with a memorandum. This can be done in a single Deed listing out all the apartments
• Khata to be changed in the name of the owner (s)
• Sale Deed/s of the Land on which the Apartment Building exists.
• No. of Owners in the Apartment Building and Sale Deeds of such owners.
• Prospective name of the Apartment Association/ Society.
• No-Objection Certificates from local Bodies.
3. Time of Registration
KSRA – The moment 7 members above the age of 18 years consent becoming members, and registering the Society/ Association.
KAOA – Only when all the owners are present and come together with their consent.
4. Authority –
KSRA –
• Registrar- officer appointed by the State Government;
• where no such officer is appointed, the Inspector General of Registration in Karnataka.
KAOA –
Jurisdictional office of the Sub Registrar
5. Annual Compliance
KSRA –
a) General meeting: Every society registered under this Act shall hold every year a general meeting called the annual general meeting at which: report of the management of the society for the previous year, audited copy of the balance sheet, income and expenditure and account and the auditor’s report shall be submitted for approval.
b) The first annual general meeting shall be held by a society within 18 months of its registration. The next annual general meeting of the society shall be held within 9 months after the expiry of the first annual general meeting.
• Balance sheet and annual list of governing body to be filed with Registrar: On or before the 14th day succeeding the day on which the annual general meeting of a society is held.
• To be filed with the Registrar names, addresses and occupations of the members of the governing body then entrusted with the management of the affairs of the society copy of the balance sheet and income and expenditure account audited by a person who under section 226 of the Companies Act, 1956 (Central Act 1 of 1956), can act as an auditor of companies.
• Accounts: The governing body of every society registered under this Act shall keep at the registered office of the society or at such other place in the State as the governing body thinks fit, proper books of account with respect to
(1) all sums of money received and expended by the society and the matters in respect of which the receipt and expenditure takes place;
(2) all sales and purchases of goods by the society; and
(3) the assets and liabilities of the society.
KAOA –
No Annual Compliances mandatory under the Act. However, governing powers need to be captured under the Bye-laws of the association.
6. Stamp Duty and Fees
KSRA –
a) For Registration of Memorandum of association and rules and regulations of Society under Sub-section (1) of section
i) if society is situated within Bangalore Metropolitan Regional Development Authority limits: Rs. 1000/-
ii) if society is situated in any other area: Rs. 500
KAOA –
Stamp Duty will be ascertained upon production of the Declaration of Deed and other documents prescribed above.
---------------------------------------------------------------------------------------------------------------------------------------------
Comments
Post a Comment