States » SouthPosted at: Sep 21 2026 10:04AM


Apartment associations should function under 1983 Ownership Act: Kerala Registration Dept

Thiruvananthapuram, Sep 21 (UNI) The Kerala Registration Department has directed that apartment owners' associations formed for the management and maintenance of common areas should function under the Kerala Apartment Ownership Act, 1983, rather than being governed by the general law applicable to societies.
The position was communicated by the Deputy Inspector General of Registration (Licensing) in connection with a complaint concerning the Heather Ferns Apartment Owners Association near Sainik School at Kazhakkoottam here.
The department's stand could have wider implications for apartment complexes across Kerala, as a large number of apartment associations are understood to have been registered under general society registration laws despite the existence of a specific legislation dealing with apartment ownership, common areas and facilities.
The issue assumes importance because the Kerala Apartment Ownership Act provides a statutory framework covering individual apartment ownership as well as the rights and obligations connected with common areas and facilities, including their management and maintenance.
The latest development has also brought renewed attention to the continuing legal debate over the registration and functioning of apartment owners' associations under general society laws.
The Kerala High Court has considered the issue in proceedings relating to the registration of apartment associations under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. The 1955 legislation has subsequently been replaced by the Kerala Societies Registration Act, 2025.
In proceedings before the High Court, questions have arisen over the applicability of the Kerala Apartment Ownership Act and the legality of registering apartment owners' associations under the general society-registration framework.
The issue is particularly significant in the case of common areas such as corridors, staircases, lifts, parking spaces, open areas and other facilities collectively used by apartment owners. The Apartment Ownership Act contains specific provisions dealing with such common areas and the manner in which apartment ownership is documented and administered.
Under the 1983 Act, a declaration relating to the property and approved floor plans are required to be registered. The legislation also provides for registration of deeds of apartments and maintenance of records relating to declarations and apartment ownership.
The difference between the two legal frameworks has become a matter of concern for apartment owners, particularly in disputes relating to ownership of common areas, maintenance charges, parking facilities, repairs, alterations and the responsibilities of apartment associations.
The issue is also linked to the implementation of the Real Estate (Regulation and Development) Act, 2016. RERA requires promoters to facilitate the formation of an association of allottees and the transfer of common areas in accordance with applicable law.
In Kerala, the RERA framework operates alongside the Kerala Apartment Ownership Act, making the manner in which apartment projects are documented and common areas are handed over an important issue for apartment owners.
One of the concerns raised by apartment owners is that registration under the general society law is comparatively simpler, while bringing an apartment project within the framework of the Apartment Ownership Act involves registration of a declaration and floor plans and documentation relating to individual apartments and common areas.
Apartment owners' groups have also raised concerns over situations in which the association is formed under society-registration legislation without adequate documentation of the ownership and extent of common areas.
Such disputes can involve questions relating to parking spaces, corridors, lifts, open spaces and other shared facilities, and may eventually lead to prolonged legal proceedings when the parties disagree over ownership or management rights.
The issue of jurisdiction is another significant aspect. The Kerala Apartment Ownership Act provides for a statutory authority and mechanisms concerning matters arising under the Act, while disputes involving associations registered under society legislation can raise different questions concerning the authority competent to deal with them.
The Registration Department's latest communication in the Heather Ferns case has therefore brought the issue back into focus and could prompt apartment owners and associations to examine the legal basis under which their organisations were constituted.
The development is likely to be of particular interest to apartment owners whose associations were registered under the general society-registration framework and who face disputes concerning common areas, maintenance, ownership rights or the functioning of their associations.
The broader question now is whether apartment owners' associations in Kerala should be uniformly brought within the statutory framework specifically created for apartment ownership and the management of common areas under the 1983 Act.
UNI DS
Tags: #Apartment associations should function under 1983 Ownership Act: Kerala Registration Dept
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