Housing Society or Apartment Association in West Bengal

Housing Society or Apartment Association in West Bengal are regulated by different laws and have different procedures. Housing societies are primarily formed in India under State specific legislation to create democratic voluntary organizations that can regulate the functioning of the cooperative societies within the State. On the other hand, apartment association is formed under Apartment Ownership acts specific to the State and provide ownership of individual apartments. This article will help you to understand the key differences between them.

Differences Between Housing Society or Apartment Association

In a housing society, upon formation and transfer, the entire land with apartments is transferred in favour of the Society, and the builder/promoter will lose all control over the apartments. This creates a democratic organization where flat/apartment owners/members control the society, without any interference from developers or promoters. In an apartment association, each owner has complete control over their flat/apartment and the only purpose of the association is to maintain the apartment complex and achieve the welfare of the members of the Association, including securing and maintenance of common amenities like water supply, sanitation, street lighting and lighting of common areas, maintenance of internal roads and ensuring security of the residents of the apartment complex.

For all these details, you must consult the best property lawyers in West Bengal and Kolkata who can guide you through the entire process.

Maintenance in Housing Society or Apartment Association

In some apartment associations, builders continue to control the maintenance and own some of the non-saleable areas such as open spaces, parking spaces, terraces, stairs, etc. However, in a Society, the builders do not own any part of the property after the Society has been formed, and the completion certificate is handed over.

Disputes Redressal Forum

Housing societies have a specific dispute redressal forum under the Co-operative Societies Act and disputes can be settled quickly in housing societies. However, apartment associations can also get their disputes resolved under the Apartment Ownership Act or civil and consumer courts. You must consult one of the best property lawyers in West Bengal and Kolkata to find out more about these organisations.

To read more about whether a Cooperative Housing Society is better than an Apartment Association and what are the advantages and disadvantages between the two, you should subscribe to this blog and contact us here. To read about our forming such organisations, you may also check out Advocate Chenoy Ceil.

Any comments, discussion or queries are highly recommended and appreciated.