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Forming Apartment Association under Apartment Ownership Act West Bengal

An apartment or a flat is a self contained housing unit that forms part of a building. Under West Bengal Apartment Ownership Act, 1972, (the Act) Section 3(a), an apartment means a property that has direct exit to a road or to a common area leading to such road and the apartment along with common areas and facilities forms an independent residential unit and it also includes a flat.

The object of the Act is to provide for ownership of an individual apartment and to make such apartment heritable and transferable property. The concept of apartment was born due to increasing population and growing need for housing in India and West Bengal. The object of the Act is not just to make such apartment units heritable and transferable but also to set out the common areas and facilities and the percentage share of each apartment owner in the apartment building. Most States in India have separate apartment ownership Acts that regulate such units in different States.

The main difference in Apartment Ownership Acts in different States of India is the purpose for which such apartments are utilized. While in States such as Maharashtra and Haryana, apartments can be utilized for residential as well as commercial purposes, apartments in West Bengal are Kerala are predominantly utilized for only residential purpose. Under West Bengal Apartment Ownership Act, 1972, Section 2, the Act applies to every building which is used, or is to be used, mainly for residential purposes.

Under West Bengal Apartment Ownership Act, 1972, Section 3(b), an association of apartment owners means the association competent to contract its own name and formed in accordance with provisions made in the bye-laws of the association.  This association can be formed in accordance with the Act and the West Bengal Apartment Ownership Rules, 1974.

The association works for the welfare of the residents in an apartment, conducts events and protects the rights of the apartment owners by maintaining varied duties.

The association in West Bengal can be formed by all the owners individually or they can give power of attorney to one person who can submit the building or property under the provisions of the Act. The benefit of registering the property under the Act is that it provides legal help to the residents in case of disputes. Further, it helps in organizing the maintenance of the society and provides clear bye-laws for the residents to abide and follow. If any association is formed which engages in maintaining the property or building without registering under the Act then it is cannot be termed as illegal per se but it is rather an interim/ad-hoc/unregistered association which needs to be registered under the Act.

Steps for Formation of Registered Apartment Owner’s Association under the Act:

Filing of Form A

  1. Firstly, the sole owner or all owners shall submit to the Competent Authority under the Act, a declaration in the given Form A in duplicate in non-judicial stamp paper of Rs. 10/- which needs to be duly signed and notarized. Enclosed within the Form A must be authenticated copies of the Building Plan, Site Plan and all relevant Title deeds. However, in case of prospective buyer, he may also enclose photocopy of the Agreement for Sale Deed duly attested by Notary instead of the sale deed.
  2. The filled in Form A with all annexure must be submitted in duplicate to the Competent Authority within 15 days from the date of their execution. Along with such Form A, the receipt of RBI fee paid and TR Form 7 has to be submitted to the Competent Authority.
  3. Form A can be submitted to the Competent Authority under the West Bengal apartment Ownership Act, 1972 at Law and Promoter Cell, 3rd Floor, ‘C’ Wing, New Secretariat Building, 1, Kiran Shankar Roy Road, Kolkata 700 001. Telephone No. (033) 22420801
  4. A forwarding letter needs to be sent to the Competent Authority along with Form A and all other necessary documents stating the fact that he is submitting the property under the West Bengal apartment Ownership Act, 1972 by way of filing Form A which may be accepted.
  5. After examination/verification of Form A and approval by Competent Authority, a copy of approved Form A with “Accepted” Stamp, date, signature and seal will be returned to the applicant.
  6. After receipt of Accepted Form A, the same needs to be registered within 15 days of return. The duly “Accepted” Form A must be registered under the Registration Act, 1908 with the Registrar / Sub-Registrar having jurisdiction over the property.
  7. After registration, the same needs to be notarized and communicated to the Competent Authority. A photocopy of the registered Form A duly attested by a Notary is to be filed with the Competent Authority along with Form 1 for getting Registration No. of the Association of the Apartment Owners.

Fees for Registration of Association

The fee for registering association is commensurate with the total value of the apartments of the building (i.e. if there are 8 flats of value Rs. 10,00,000/- each the total value of the Apartments will be Rs. 80,00,000/0_ is to be deposited with the Reserve Bank of India in T.R. Form No. 7 under the appropriate head of account.  The T.R.Form No. 7 and computerised receipt of the Reserve Bank of India (both original) and 1 set photocopy of both are to be enclosed.

(i) Amount of Fees :

(a) Upto Rs. 25 lakhs – Rs. 1000/-

(b) Above Rs. 25 lakhs upto Rs. 50 lakhs – Rs. 2000/-

(c)  Above Rs. 50 lakhs upto Rs. 1 crore   – Rs. 4000/-

(d) Above 1 crore upto Rs. 5 crores – Rs. 5000/-

(e) Above Rs. 5 crores – Rs. 10,000/-

(ii) Appropriate Head of Account :

“0216 – Housing – 02 – Urban Housing – 800 – Othen

Receipts – 008 – Receipt under the West Bengal Apartment

Ownership Act, 1972 – 16 – Other Fees”

(iii) Account Code : 0216 – 02 – 80000816.

(iv) Name of the Treasury : Kolkata P.A.O. – II

A specimen of duly filled in T. R. Form No. 7 is given below:

West Bengal Form No. 2380H

  1. R. FORM NO. 7

[See sub-rule (2)(b) of T.R. 3.06]

Challan for Deposit of money in the account of

GOVERNMENT OF WEST BENGAL

  1. Name of the Bank of Branch  :  R.B.I., Kolkata
  2. (a) Name of the Treasury       :  Kol., P.A.O. – II

(b)   Treasury Code :

  C  A  C
  1. Account Code :
02160280000816

(14-Digit must be filled up properly)

  1. Detail Head of Account : “0216 – Housing – 02 – Urban Housing – 800 – Other Receipts – 800 – Receipt under the West Bengal Apartment Ownership Act, 1972 – 16 – Other Fees. Code : 0216 – 02 – 80000816”.
  2. (a) Amount : Rs. 250/-

(b)  In words : Rupees Two hundred fifty only.

  1. By whom tendered : Name & Address : XYZ,   ABC Road, Kolkata – 1.
  2. Name / Designation & Address of the Departmental Officer on whose behalf/favour money is paid : Competent Authority, Under the West Bengal apartment Ownership Act, 1972, Govt. of West Bengal, Deptt. of Housing, Law Cell, New Secretariat Building, 1 Kiran Shankar Road, Kolkata 700001.
  1. (a) Particulars and Authority of Deposit : Fees for Form – ‘C’ Instrument executed Apartment Owner(s) Under Sub-clause (i) of Clause (b) of Sub-Section (3) of Section 4 of the West  Bengal Apartment Ownership Act, 1972.

*(b) T. V. No. & Date of A. C. Bill :

  1. Accounts Officer by whom adjustable :         Accountant General (A & E),

Verified                                             West Bengal

Signature of Department/Treasury Officer

Depositor’s Signature                                   Treasury Receipted Challan No.

Date :                                                         Bank Scroll Serial No.

Received payment                                        Signature with seal of the Bank

Date :

_________________

*In respect of Challan relating to refund of unspent amount of A.C.Bill.

(6) In case the Declarant is the constituted attorney of the apartment owners he must enclose a photocopy of the Deed of Power of Attorney duly attested by a Notary

(b) Disposal of Form A by the Competent Authority:

If the Form A filed by the Declarant(s) is found in order the Competent Authority will accept the Form A and return one set of Form A duly endorsed as “Accepted” to the applicant(s).

Filling of Form C

  1. Another Form C, needs to be filled in duplicate in non judicial stamp paper of Rs. 10/- and duly notarized and submitted to the Competent Authority along with a copy of the Deed of Transfer and Sanctioned Plan after duly notarizing the same.
  2. Forwarding letter to the Competent Authority under the West Bengal apartment Ownership Act, 1972 requesting him to accept Form C.
  3. Declaration under Form C in Non-Judicial Stamp Paper of Rs. 10(ten) duly affirmed before a Notary (2 Sets) – One set will be retained by the Competent Authority and other set duly “Accepted” will be returned to the Declarant(s).
  4. Photocopy of the Title Deed/Agreement for Sale Deed duly attested by Notary.
  5. Photocopy of the Sanctioned Plan duly attested by Notary.
  6. Fee in T.R. Form No. 7 under the head of account and other details as Sl. No. (5) of item No. (c) of Form A.
  7. The requisite fees need to be deposited to the Reserve Bank of India, Kolkata in TR Form No. 7 and the receipt has to be submitted to the Competent Authority.Amount of Fees :

    (i) Upto Rs. 3 lakhs – Rs. 250/-

    (ii) Above Rs. 3 lakhs but upto Rs. 7.5 lakhs – Rs. 400/-

    (iii) Above Rs. 7.5 lakhs – Rs. 500/-

  8. Original copy of T.R. Form No. 7 and Reseve Bank of India Receipt thereof along with 1 set photocopy of the above.
  9. Photocopy of Registered Form A duly attested by Notary.
  10. In case the Declarant is the constituted attorney of the apartment owner he must enclose a copy of the Deed of Power of Attorney duly attested by Notary.
  11. If the Competent Authority finds the documents in order then he shall return Form C to the owner or owners duly accepted.
  12. When Form C is accepted one copy will be returned to the Declarant.
  13. The Declarant must get the Form C registered under the Registration Act, 1908 within 15 days of receipt.
  14. After completion of all these procedures the association and its allottees can apply for registration of the association. Only those members will form part of the association who have completed the above steps and submitted Form C.
  15. After getting accepted Form C from Competent Authority, the Apartment Owners or Allottees will hold a General Meeting and take steps to submit Form 1 of the West Bengal Apartment Ownership Bye-laws, 1974.
  16. Within 45 days from the date of submission of the property to the provisions of West Bengal Apartment Ownership Act 1972 (date of approval of Form A by the Competent Authority) or within such further period as the Competent Authority may allow, on application to it, the apartment owners shall in a General Meeting form an Association under some specific name and style and the Apartment Owner who presides over such Meeting shall immediately communicate the formation of such Association along with the names of the members in Form 1 to the Competent Authority. However, it must be understood that Apartment Owner implies any person who own one or more than one apartment within the same building.
  17. Thereafter the Competent Authority shall register the Association under a Serial Number and communicate the same to the Apartment Owners.
  18. Within 15 days of formation of an Association, the Apartment Owner presiding over the initial General Meeting for formation of the Association shall serve notice upon each member of such Association fixing therein the date (not before 15 days from the date of issue of such notice) on which and the time and place at which a General Meeting shall be held for election of the Board of Managers (BoM) of such Association by secret ballot. The number of managers in the BoM must be a minimum of 3 and maximum of 24. Votes need to be cast in person.
  19. After BoMs are elected, the Board shall within 10 days of the date of election of its Managers, hold its first meeting and elect its President who shall forthwith forward the names of President and BoMs in Form No. 3 of the West Bengal Apartment Ownership Bye Laws, 1974 to the Competent Authority who shall register such names.
  20. Thereafter the Association will gain legal identity and can function effectively.

Filling of Form 1

Form 1 under bye-law 3(2) is to be filed in plain paper along with a Xerox copy of the certified copy of the Registered Declaration under Form A shall be enclosed.

The names of all apartment owners shall be stated in Form 1 as per regulation 3 of the West Bengal Apartment Ownership Regulations, 1974.

A specimen copy of Form – 1 given below :-

FORM NO> 1

[See Bye-Law 3(2)]

To

The Competent Authority,

Under the West Bengal Apartment Ownership Act, 1972,

Law Cell, Deptt. of Housing,

New Secretariat Buildings, 1st Floor,

1, Kiran Shankar Rop Ropad,

Kolkata 700 001.

Sir,

I hereby communicate that a General Meeting duly held on ____ (date) presided over by the undersigned, the Association of apartment Owners under the name and style of “ABC Flat OWNERS’ ASSOCIATION” for our property at Premises No. 111, ABC Road, Kolkata 700 000, Police Station ________ already submitted according to Provisions of the West Bengal Apartment Ownership Act, 1972, has been formed under bye-laws framed under the said Act with the following as members thereof:

Sl. No.         Name of the members         Member of the Apartment

In the building by him.

1.

2.

3.

4.

5.

It is further stated that the Declaration in Form No. a approved by you was registered in the Office of the Assistant Registrars of Assurance – 1, Kolkata, vide being No.01659/07.  A Xerox copy of the certified copy of the Declaration obtained form the Registration Office, Kolkata is attached herewith for your ready reference.

Now, I would request you to register our Association and send the Registration number of our society to us.

Dated  : _____

Place   : Kolkata                                           Sd/-

Signature of the Apartment Owner

Presiding the General Meeting held

On _________________________.

However, as of date, according to the West Bengal Apartment Ownership Act Office at Law and Promoter Cell, 3rd Floor, ‘C’ Wing, New Secretariat Building, 1, Kiran Shankar Roy Road, Kolkata 700 001. Telephone No. (033) 22420801, apartment ownership association formation is currently unavailable due to the recent decision of the Calcutta High Court in Dr. Debdas Banerjee & Ors. v The State of West Bengal & Ors. [W.P. No. 3724(W) of 2013].

In this matter, the Hon’ble Calcutta High Court has stated that Rule 3 of the WB Apartment Ownership Rules, 1974 as ultra vires Section 2 of the WB Apartment Ownership Act, 1972. The main contention in this matter and the confusion still prevalent is whether to form an association under WB Apartment Ownership Act, 1972, the declaration has to be signed by all apartment owners or whether the majority can sign the declaration. The unworkable situation has been created because under Section 2 of the 1972 Act and Form A, all the apartment owners need to sign the declaration while under Rule 3 of the 1974 Rules, signature of only majority members will be required.

However, Rules cannot take precedence over the Act and as such Rule 3 of 1974 Rules was declared ultra vires Section 2 of the 1972 Act. The matter is pending further adjudication or necessary amendments to be incorporated into the Act by the legislature.

In any case, if all apartment owners are willing to abide by the 1972 Act and sign the declaration then I don’t think there should be any issues in registering such Association even under the current legal scenario. I have heard that several Form A declarations have been kept pending as of date but I think if all apartment owners are willing to sign then the question of majority does not arise and the Association should be allowed to be formed under current law.

178 replies on “Forming Apartment Association under Apartment Ownership Act West Bengal”

What is the advange of having registered as a co-operative society under West Bengal Co-operative Society Act or as an apartment association under Apartment Ownership Act ? If one has to choose between this two then which one would be better and why ?

Hi Sanjay, it all depends on the current situation with the Apartment. WBCS provides a better resolution for disputes, while APO provides ease of registration process. There are wide number of reasons which are facts related to decide which one would be best in a particular case.

Is complete occupancy certificate from builder is mandatory for formation of Apartment Owners Association in west bengal. Our flats have been handed over by builder and flats are registered

Is Builder responsible for presenting all the necessary documents to local authorities, collect the OC/CC and handover to buyer at the time of final sale?

But there is no mention about the submission of occupancy or completion certificate in the article on formation apartment owners association as givenue above. Are they to be submitted along with Site plan, building plan etc? Further if the promoter is not willing to provide the site plan, building plan and the complete list of registered flat owners ( where some flat owners are not residing at their flats) then how we can get access to such documents.

Respected Sir,
I live in a building with 18 flats and about 6 shops in Agarpara. The building has a committee but wants to form an registered Owners Association. The responsibility has been given to me, but I am a total novice in this matter. I request you help me out by e-mailing me the procedures step by step, so that I can place them before the unrecognized/unregistered committee to act on it. I will be highly obliged if you can give an idea about the expenses involved.

It will be more helpful if you can let me know about the expense involved in case the whole responsibility is handed over to a professional (Advocate).

Thank you,
S.Banerjee

Hello Ratna,
I can definitely help you with all the necessary requirements to get the apartment association registered. It would be best if we can set up a telephonic conversation or a consultation at Calcutta High Court. If you can email me further details to chenoyceil@gmail.com, then I can provide the neceesary breakdown and time frame required to register an association.

Our builder is reluctant to assist us in the formation of Apartment Owners Association in the pretext that the project is in compete. However 23 towers each having around 70 flats have been completed and possession handed over to the flat owners and flats have been registered. He is not handing over building plan and site plan for the owners to enable them to move for formation of registered Apartment Owners Association. What should the flat owners do to get these documents. Regards

Hello,
Since most of the owners now a days live out of city or out of country, can the Association go for E Voting during election for Board of Managers?? This is because we ant maximum participation. We have a dedicated website and can arrange secret E polling.

Regards,

Rajesh

Hello Rajesh, as far as the Act is concerned, the only way of voting is by show of hands. I am sure things will change soon but till such amendment comes into effect, I think if the Society members agree and it is passed in the General Meeting, then evoting can be incorporated. It can also be legalized by incorporating in the society bye-laws.

Under 2016 Amendment to the West Bengal Apartment Ownership Act, Boards/committee can have a tenure of 3 years. However, any board elected before 1st May 2016 will have a tenure of only 1 year.

Whether representative of flat owener can be board member under w b apartment ownership act 1974

dear sir , i have three queries .
a. The flats which are not yet registered but occupied can the owner have a voting and management right in the board of managers ?
b. If the owner is regularly on travel and not able to be a board member , can he nominate his father or son to be a part of the manager board ?
c. what is the meaning of deemed owner as per the act ? are the other family members living in the same flat to be considered as deemed owners ?

Dear Mr. Chenoy,

I am residing in Golden Neer apartment , Konnagar . We have formed society in General Body meeting . I want your advice regarding the common area maintenance charge (CAM). We have 24 apartments and 10 garrages. We are paying CAM Rs. 0.50/sq. ft.

Now my question is whether this 0.50/sq ft. CAM is included garages or to be charged extra as per W.B. Apartment owners Act ? Pls advice and send the bye laws soft copy if available with you.

Waiting for an favorable response from your end.

Thanks & Regards,

Rajat Chatterjee
Konnagar , Hooghly

is it possible to form a society with 30% owner. rest 50% are out of country & 20% are unsold.

What should be minimum number of managers to be elected for managing the affairs of an appartment association.We have 216 apartments & we had formed a managing committee of 12 managers.Is it OK?.If not,what should be done.

Dear Mr. Chenoy,

Need your help regarding registration of our Apartment comprising 2 adjacent towers of 23 residential flats along with 17 garages & 5 shops in Bansdroni area Kolkata-700070.

We formed a committee in the year 2012 & started collecting monthly subscription from Flat owners & shop owners but we havn’t prepared any Bye-Law yet as we don’t know how to prepare it.

Can you please let me know the process of total registration, time frame.

I have sent you a mail yesterday regarding formation of registration association before CC/OC. Could you please check and answer?

Sir,
This query is related to a housing project at South Kolkata under Rajpur Sonarpur Municipality. The project status is incomplete however post individual registration of sale deed the builder has allotted possession to owners. Upon completion of 1 year from the date of sale deed registration the builder handed over the common maintenance responsibility to residents. The residents have formed a adhoc committee themselves to run the day to day maintenance with a condition that the other aspects of the project other than day to day maintenance remains the responsibility of the builder. Following are our queries:
1. Is the builder responsible to form the association under state laws and get it registered?
2. What is the process of registration of association if the adhoc committee desires to go about registration and estimated cost for 25 flats of 1000 sq. ft each?
3. Is opening a bank account for keeping the maintenance fees restricted to co-operative banks only? Can we open a bank account in the name of our association without registering our society?
Would appreciate your views on this.
Regards
Deepak

Hi….Is it legal to debar tenants ( those who are living on rent ) in an apartment complex from being members or voting in the Apartment owners association ? In our society, the apartment owners have put in bye laws that dont allow tenants to vote or be members of the association …Is this legal ?

Hi Mr Chenoy,

Great Article.

With effect for 1st April 2018, it is mandatory to submit the Form A online. Can you please provide more details on the procedures unders the new rules?

I have few specific queries on this

1. We need to upload “Power of Attorney as per format, where necessary of all the apartment owners or concerned apartment owners”. If 51 % of the owners are willing to apply for the association then do I need to collect POA only from those owners except the person who is filling up the online form? Is my understanding correct?

2. We need to upload “Authorization letter by all the other flat owners” . What is the meaning of “all the other flat owners” in this context? What is the format of this “Authorization letter”?

3. We need to upload “Copy of Receipt of FROM E”. What are the accepted forms of receipt? Will the sending the “Form E” through registered post or courier and submitting the proof of delivery is sufficient for this purpose or we need a signed receipt copy of the “Form E”?

4. According to the provision of the new law Owners need to apply for the registration under the said act with 3 years of the completion certificate issued by the local authority. If a building is constructed in 2011 and all the mutation are completed, can the owners apply for the completion certificate now from the local authority and apply for the registration of the assocation?

5. If 51% of the owners forms the association then what will be the legal status of the remaining 49% owners? Are they bound to follow the rules of the association and pay the maintenance fees to association? Can association initiate any steps if there is a default from any of the remaining 49% owners?

6. What are the next steps once the online Form A is accepted?

7. What is the purpose of “Form C” under the new rule?

8. What is the purpose of “Form D”? Who should submit this?

9. Is there any specific naming guideline for the Association to be formed? Can we use the word “Society” instead of “Association” as part of the name?

Thanks,
Suman Biswas

please provide the latest letter of govt of west bengal dated 15 jan 2018,
regards
partha

In our registered association can any group continue to hold the chair of president, secretory and cashier for years together without conducting any election? No byelaws exists. For this to whom should I complain or may I get any legal help?

Thanks , A K Banerjee, Kolkata

Our housing complex has 582 flats. Some of these have also stilt parking spots, which have been bought from the Central Government Employees Welfare Housing Organisation (CGEWHO), the promoters, along with the flats. These have been duly registered after paying the prescribed stamp duty and other fees. In the deed the parking spots are clearly mentioned as part of the property and those flat owners who also purchased the parking spots have complete ownership of such spots. Stamp duty has been paid for such spots as well.

However, under the Act for registration of the Apartment Owners Association the parking spots are “limited common areas”. Some of us feel that this is in conflict with the registered deed under which we have full ownership of the parking spots. Hence, many flat owners are reluctant to sign the Form A. Their apprehension is that since the stilt parking spots are “limited common areas”, even those apartment owners who have not paid for or registered such spots may claim their ownersip.

Could you kindly give us a legal clarification on this point? We want our AOA to be registered at the earliest. Thanks.

An association was registered under WB Apartment Ownership Act. Three towers housing residential complex with 185 flats were constructed. Now the question is who is the owner of the housing complex? The registered association or the promoter?. Whether the promoter should submit construction cost certificate to the association for showing the cost of complex in the association’s financial statement? What is the legal status of such housing complex?

I am a single child of my father. My father is owner of a flat under west bengal apartment ownership act. He is a dimentia patient and he is having parkinson disease. can i contest in election for board manager of apartment owner’s association as a representative of my father?

We have one association registered under West Bengal Apartment Owner’s Act, there are total 200 flats. Now 100 flat owners of few towers wants to separately maintain their area and want to form a new association for area covering those towers only. Is that allowed to have a separate association formed?

Is there any way to separation of association already registered under West Bengal Apartment Owners Act? For example if an apartment of having 200 flats, out of which 100 flat owners want to register a separate association for maintaining a set of towers by existing the current association. Is that allowed, though there is no such thing mentioned in the Apartment Owners Bye Laws, but simultaneously there is no such statement that Association separation is prohibited. Can you please let know your take please?

Sir,
I am an apartment owner at a housing complex in South 24 Parganas. We have a total of 110 flats of which 5 remain unsold. A few months back a large number of residents came up with a noble idea of forming a housing association so that flat owners could save some money from the hefty amount that is being paid to the developer. In doing so, 11 people formed a committee and after a couple of months they conducted an election. Most of the committee members barring a couple were reelected and came to power. Now they are in between the process of registering the society under Apartment Owners Association.
However, as a resident and owner I would like to know if an election can be conducted by the Interim committee, where they themselves appointed an electoral officer, who also owns an apartment in the complex. Second, the name of the electoral officer was announced an hour before the election, while the name of the candidates were disclose only 2 hours prior to the voting process. Moreover, now they are also collecting advance payment for maintenance and are issuing receipts even before a society has been formally registered.
I would be highly obliged if you could shed light on these points, as many residents too have raised similar doubts on the intention of the governing body.

If a building has three apartments/flats, with four owners (one flat has two co-owners), can they apply for formation of an association? Or whether there is a requirement for minimum no. of flats?

I have the following queries:
1) In our building there are three flats and total of four owners. Is it mandatory to form association? If some flat owner does not agree to form association and one/two owners proceed to form association, will it be binding on all owners to enter the association as per law?
2) After forming association, if some owners do no obey the rules and regulations of the association, what are the remedies? Will we have to move court, or is there any other place to lodge complaints.

51% members are required to form association. Not mandatory to form association but if formed all rules are applicable on all. There are several forums to settle disputes as well as lodge complaints under the Act. If you need specific help, email me to chenoyceil@gmail.com or call me at 9748072548 after the Pujas.

Under West Bengal Apartment Ownership Act 1972, for registering an association we need to pay fee using TR Form No. 7.
Suppose our apartment has 20 flats, values as per sale deeds for 10 flats are Rs 51,00,000 each and for balance 10 the values as per sale deeds are 1,10,00,000 each. The total value of 20 flats as per sale deed is Rs 16,10,00,000. What will be the fee payable:
Option 1: Considering the total value of 20 flats as relevant (i.e. Rs 16.10 Cr), fee payable is Rs 10,000 for the association
Option 2. Considering the total value of 20 flats as relevant (i.e. Rs 16.10 Cr), fee payable is Rs 10,000 per flat, so total fee is Rs 2,00,000 (Rs 10,000 X 20)
Option 3: Considering the value of individual flats for first 10 flats (value Rs 51 Lakh per flat) fee will be Rs 4,000 per flat and for remaining 10 flats (value of Rs 1.10 Cr per flat) fee will be Rs 5,000 per flat, so total fee is Rs 90,000
Option 4: Considering the average value of each flat Rs 80,50,000 (Rs 16.10 Cr / 20) fee will be Rs 4,000 per flat, so total fee is Rs 80,000

Good Morning
a simple question-
Can housing society be formed if the complex has not received completion certificate from a local authority or municipality or any other competent authority?
If yes, the how does the competent authority make sure that the building is safe for living and that the construction is as per sanctioned plan?
Is cancellation of a housing society registered under WBAOA possible if proven that the documents submitted to the CA were wrong or forged?
Do you accept cases related to problems with housing society registration? if yes i would like to meet you at a suitable time. I can come to salt lake with all the papers.
Regards

Sir, As per West Bengal Apartment Ownership Bye-laws, 1974, CHAPTER III -Constitution of a Board of Managers and its functions – cl. 5, after the Managers of the Board are elected the Board shall, within ten days of the date of election of its Managers, hold its first meeting and elect its President. Also as per bye-law 11 – In addition to the President, the principal officers of an Association shall, in addition to the Secretary, elect a Treasurer and such other officers as may be necessary all of whom including the Secretary shall be elected by and from the Board, and hold office during the pleasure of the Board. The election of these officers shall be held annually at the first meeting of each Board after the annual retirement . Now my query is whether the President and other officers (amongst the board of Managers) be elected by common flat owners through another round of voting. Kindly clarify.

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