Housing Society or Association Formation
Housing society or association formation can become a tedious task unless you seek help from an experienced property lawyer. In West Bengal, a housing complex can register its governing body under diverse laws, most prominently under the West Bengal Co-operative Societies Act or the Apartment Ownership Act. An apartment or flat in a housing association is a self-contained housing unit that forms part of a building/association. Cooperative Housing societies are primarily formed in India under State specific legislation to create democratic voluntary organizations that can regulate the functioning of the housing societies within the State. For more details, you may read here. To learn about the major differences between Housing Society and Apartment Associations, check out this article here.
Features of Societies and Associations
Different states in India have different rules guiding the formation of housing associations or cooperative housing societies in India. An apartment generally means a property that has a direct exit to a road or a common area leading to such road and the apartment along with common areas and facilities forms an independent residential unit and it may also include a flat. Housing associations are formed in India for ownership of an individual apartment and to make such apartments heritable and transferable property. Housing Societies are democratic organizations where flat/apartment owners/members control the society, without any interference from developers or promoters. The question of a housing society or association formation stems from the increasing population and growing need for housing. Housing associations are formed to govern rules regarding the common areas, facilities, and the percentage share of each apartment owner in the apartment building. Forming an apartment association or a housing society depends on your particular needs. However, it is recommended to seek advice from an experienced property lawyer in Kolkata who can guide you through this entire process.
Benefits of Housing Society or Association Formation
Housing associations in India work for the welfare of the residents. The benefit of registering properties under a housing association/cooperative housing society is the avoidance of disputes. Housing associations formed without registration cannot be termed illegal per se but are rather considered interim/ad-hoc/unregistered associations. For NRIs who own apartments/flats in India, housing associations can cause real pain if you do not know how to manage your property.
A housing society or association formation is the best option to deal with maintenance charges, member disputes, and housing property inheritance. Associations in West Bengal and Kolkata can be formed under the Co-Operative Societies Act or Apartment Association Act. For assistance, you may contact Advocate Chenoy Ceil, an experienced property lawyer in Kolkata with over 10+ years of experience in dealing with apartment associations and cooperative housing societies in West Bengal. For more information, contact us here or book an initial consultation now.