All Kerala Apartment Owners’ Apex Association (AKAOAA) has asked the state government to immediately initiate steps to facilitate the registration of apartments under Kerala Apartment Ownership Act, 1983.
The association said that it will force developers or builders to declare the details of approved plans, nature of land, approvals and permits obtained for projects.
“It is unclear why government is hesitant to implement the Act. Apartments are currently being registered under Travancore-Cochin Literary Scientific and Charitable Society Act. While the government is keen on protecting the interest of builders, they are not concerned about the people who buy these properties,” AKAOOA president VK Sankarankutty.
Apartment owners have difficulty in identifying whether the project, they are pursuing, is involved in legal disputes. Advocate Jacob Mathew Manalil said that builders obtain permits and approvals for the building.
“They are in possession of documents. So, it is their responsibility to file a declaration stating all the relevant details, along with title deed and other documents. The district registrar must be convinced. All these can happen only if apartments are registered under Kerala Apartment Ownership Act of 1983,” he said.
The association and Manalil pointed out that if apartments are registered under the Act, it would place the apartment owners in a better position while fighting legal disputes.
The Act facilitates registration of a declaration, which describes the common areas and facilities, value of the property and each apartment, percentage of rights of each apartment owner on common facilities; restrictions of use, votes required to rebuild, repair, restore, or sell the property; and any other aspect regarding ownership of the apartment.
“Though the controversial apartments are not members of the apex body, we extend support to owners of these flats. Apartment owners cannot be held responsible for the unlawful activities committed by builders and local body officials,” added Sankarankutty.
In 2014, the high court upheld the right of owners to register their apartments individually as per the Kerala Apartment Ownership Act 1983.
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