Thiruvananthapuram: Apartment owners’ associations whose bylaws contain provisions for the management and maintenance of common areas cannot be registered under the Kerala Societies Registration Act, 2025, Registration Minister, Shri O J Janish informed the Kerala Legislative Assembly.
According to the minister, apartment owners’ associations to be formed under the Kerala Apartment Ownership Act, 1983, do not fall within the objectives specified under Section 3 of the Kerala Societies Registration Act, 2025. Consequently, such associations cannot be registered under the Societies Registration Act.
He also clarified that a parallel association cannot be formed and function in an apartment complex under the provisions of the Kerala Apartment Ownership Act, 1983. Sections 2 and 3(d) of the Act define the conditions governing the application of the law and the association of apartment owners.
Under Section 2, the Act applies to a property brought within its purview through a duly executed and registered declaration. Where an apartment complex has a single owner, the declaration is made by that owner; in other cases, it must be executed and registered by all the owners. Accordingly, the Act’s provisions become applicable only when the required declaration is registered in accordance with the law, the minister said.
The minister further stated that documents required for the management and maintenance of common areas in apartment complexes should be registered under the Registration Act in accordance with Section 13 of the Kerala Apartment Ownership Act, 1983. Relevant provisions have also been addressed in a Kerala High Court judgment and in directives issued by the Inspector General of Registration.
Applications and bylaws submitted for registration under the 2025 Act, as well as under the previous 1955 legislation, have been returned to applicants for necessary modifications where their stated objectives did not conform to the purposes prescribed under the respective laws or contained provisions relating to the management of apartment common areas under the Apartment Ownership Act.
The issue has wider implications, as many apartment associations in Kerala have been registered under societies registration legislation. The use of a different legal framework for managing apartment ownership and common areas, despite the existence of a specific law governing these matters, has raised concerns about the protection of apartment owners’ rights. Such disputes can lead to prolonged court proceedings and, in some cases, criminal complaints between apartment owners.
The Registration Department had earlier directed that associations responsible for managing and maintaining common areas in apartment complexes should be formed and function under the Kerala Apartment Ownership Act, 1983.