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in Civil Law
Asked May 30, 2017

Apartment association not renewed

  • 1 Answer

Our apartment association has been registerd in 2002. It has not been renewed till date. There are some dominant people who hold post without holding the AGM and do not disclose the accounts. May I know what is the procedure and whom do I approach as I am a single lady and want justice?

Answer 1

Apartment associations in most Indian States are registered either under the Societies Registration Act or under the Apartment Ownership Act of respective States. In most cases, for instance in Karnataka, holding of AGM (Annual General Meeting) is mandatory under the Societies Registration Act. Moreover, societies registered under this Act are required to maintain proper books of accounts which in turn need to be filed with the Registrar. Hence, if your apartment association is registered under the Societies Registration Act then, depending upon the rules and regulations of your society, you may file a suit (before the Registrar of Societies or the District Registrar) against the president, chairman, or principal secretary or the trustees (as the case may be).

For registration under the Apartment Ownership Act (in case of Karnataka for instance) Annual Compliances are not mandatory. However, governing powers are to be held liable under the Bye-laws of the association. Hence, if the apartment association in question is registered under the Apartment Ownership Act and the by-laws of your association mandates holding of AGM, disclosure of accounts and election of members then you may initiate a suit against the association body.

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