Regulatory Structure for Management of Apartment Societies


More and more people are staying in the apartments and this trend would only increase. It does bring us to the question on these apartment be managed. The management of apartment complexes require a regulatory structure. We have such a necessary regulatory structure in most of states in India. Let us look at very high level about the regulatory structure and implications of the management of apartments.



The regulatory structure consists of two key regulations – ‘societies act’ and ‘apartment act’. Most of the states have put in places both of these types of acts for regulation of apartments. These acts essentially provide mechanism for an ‘association of an apartment owners’.


The societies act is broader in nature and it caters for all types of societies. The apartment act is specific for ‘association of apartment owners’. The ‘association of apartment owners’ has to follow both the acts.


There can be multiple societies in an apartment complex. There can however be only one society which can have the rights of an ‘association of apartment owners’. Of course, the important thing is how apartments as well as apartment complexes are being defined. An apartment and apartment complex gets defined by the completion certificate. An important thing to remember is that every ‘co-operative housing society’ is not necessarily an ‘association of apartment owners’.


There I another important. An apartment owner is legally eligible to be member of ‘association of apartment owners’. The ‘association of apartment owners’ can have and should have the bye-laws for the entry and exit of eligible members. It is also important to understand the by law, a society or ‘association of apartment owners’ is a very powerful structure.


There are variations in the societies acts and apartment acts of different states. The details are important in such situations.


Our experience is that the invariably ‘association of apartment owners’ are very poor with the maintenance of records. More often than not, they rarely have an updated list of owners or an updated list of eligible members. Many of them do provide for the share certificates to the members but very rarely they have an opportunity to collect a share certificate from an outgoing member. We advocate that the societies should use technology to the streamline this process. does provide such a technology framework to maintain this data.


You may have a look at the link to check out the relevant acts in your state.


Please do share your thoughts and views on this article. Please do reach out to us at contact for any further help or information.


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