Property Law

Housing Society or Apartment Association in India

Housing Society or Apartment Association in India

If you are wondering whether members and flat owners should register a housing society or apartment association, it is important to understand the core differences. Housing Society or Apartment Association in India 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 provides ownership of individual apartments. This article will help you to understand their key differences and which type of organization – housing society or apartment association is the best for your apartment complex.

Key Differences between Cooperative Housing Society and Apartment Association

Difference in Land Rights

In housing society, upon formation and transfer, the entire land with apartments are transferred in favour of the Society, and the builder/promoter will lose all control over the apartments. This creates democratic organization where flat/apartment owners/members control the society, without any interference from developers or promoters. In apartment association, each individual owner has complete control over their flat/apartment and the only purpose of the association is to maintain the apartment complex, 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.

Control over Monthly Maintenance Amount

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

Disputes Redressal Forum

Housing societies have a specific dispute redressal forum under the cooperative 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.

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 here.

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

9 replies on “Housing Society or Apartment Association in India”

I am living in a housing society in West Bengal we have a cooperative society and a cultural committee functioning independently. Maintenance charges are collected from members and where as puja subscriptions are taken from tenants also. Regarding fixing of annual PUJA subscriptions , a resolution has been passed in the AGM apart from maintenance charge , my question is whether we can pass such resolution of cultural nature in the statutory Annual General body Meeting exclusively dealing with the affairs of cooperative society, since different executive body is functioning established to look after cultural issues, Can the the Puja subscriptions be made obligatory .

The general body has to abide by the bye-laws of the society. If majority of members are willing, the subscriptions can be made obligatory. The cultural committee is part of the housing society and it can only follow the guidelines presented and approved at the annual general meeting. The cultural committee in itself has no legal existence without the society. However, without looking at the bye-laws, it would be difficult give a complete opinion on this matter. We will be in touch with you to discuss this further. Thank you.

We r a residential complex of 5bloks G+9 on lease of 100yrs,of which 25yr woll b over soon.But maintenance is done by ind blks altjough not officially handed till by the promoter.
We have formed an assn, dealing with common maintenance of ground but ind blkd do theirs.
Ours is not registered even after promisses by promoter,
Ur advice is reqd for formation of assn/scty
Vivekvihar,ph-1. Howrah711102

Is family member of any flat owner can be a society member or eligible for contest in election. Is it require any power of attorny from owner.

Dear Chenoy i have flat owner in one building there is 08 flat but here no society , every one doing there own pl suggest what we can do to make society . Anup Sharma indore mp

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