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.
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