Dedicated locality research platform
Enter your email address and you will receive
a link to reset your password
The Telangana High Court has taken a significant step by issuing a stay order against the operation of a memo issued by the state revenue secretary. This memo, which allowed apartment associations in Telangana to register themselves under the Telangana Societies Registration Act, effectively eliminated the requirement for registration under the Cooperatives Societies Act. The decision to suspend the memo comes after a petition was filed by Madamanchi Ramesh Babu, a resident of Emerald Rainbow Vistas in Moosapet, Hyderabad. Babu's argument was that the memo primarily benefited real estate developers at the expense of apartment residents.
One of the key concerns raised in the petition was that the memo had been issued without proper consultation with the residents and was influenced by the Confederation of Real Estate Developers' Associations of India (CREDAI). This lack of consultation with the people directly affected by the memo raised questions about transparency and fairness in the decision-making process.
Sripada Prabhakar, the senior counsel representing the petitioner, emphasized that the memo, issued on August 21, was not aligned with the spirit of the existing Telangana Apartments Act. Prabhakar stated that an executive memo could not supersede the established laws of the land. Furthermore, he pointed out a critical issue: the memo effectively stripped flat owners of their ability to file complaints with the cooperative department against the executive committees of apartment owners' welfare associations.
Under the Telangana Societies Registration Act, there is no provision for such complaints, whereas the Cooperatives Societies Act provides authorities with the necessary powers to take action against misappropriation of funds or neglect of residents' welfare. This marked a significant shift in the regulatory framework, leaving residents with limited recourse against any potential wrongdoing by their association's executive committees.
The Telangana Societies Registration Act, 2001, was originally designed for societies with objectives related to art, charity, culture, and various other non-profit purposes. The memo's impact, however, has extended beyond its intended scope, potentially allowing for unchecked activities within apartment associations. Prabhakar emphasized that this memo essentially permitted errant committees to function without adequate government oversight.
Furthermore, Prabhakar drew attention to high-end villas and high-rise housing complexes developed by prominent builders. These complexes often house thousands of flats, and the monthly maintenance fees collected from residents can amount to substantial sums. With the authorities lacking the power to intervene under the Telangana Societies Registration Act, the potential for financial mismanagement or neglect of residents' welfare became a significant concern.
In light of these critical issues, the Telangana High Court's decision to suspend the memo's operation signifies a crucial step towards protecting the rights and interests of apartment residents. It underscores the importance of a balanced regulatory framework that considers the welfare of residents while also addressing the concerns of real estate developers and other stakeholders. As the case progresses, it will be interesting to see how the court's decision shapes the future of apartment association registration in Telangana and whether it leads to a more comprehensive and equitable regulatory framework for all parties involved.
Propscience is India’s dedicated property news portal. We cover the latest events, news, trends, deals, new launches and more.
All our services and tools are completely free of cost and available 24X7!
We use cookies to give you the best possible service while using our website, please click accept and carry on browsing if you're happy with this. For more information see our Privacy Policy.
Okay, Got it!This disclaimer ("Disclaimer") is applicable to the entire Site. Upon entering the Site it is recommended that you immediately read the Terms and Conditions and Privacy Policy listed therein. Your continued usage of this Site will indicate your unconditional acceptance of the said Terms and Conditions and Privacy Policy. You hereby agree that Propscience reserves the right to modify at any time, the Terms and Conditions and Privacy Policy governing this Site without prior notification. Your usage of the Site implies that you will be bound by any such modification. You agree and acknowledge that it is your responsibility to periodically visit the Site and stay updated with the Terms and Conditions and Privacy Policy of the Website.
The information contained in this Site has been provided by Propscience for information purposes only. This information does not constitute legal, professional or commercial advice. Communication, content and material within the Site may include photographs and conceptual representations of projects under development. All computer-generated images shown on the Site are only indicative of actual designs and are sourced from third party sites.
The information on this Site may contain certain technical inaccuracies and typographical errors. Any errors or omissions brought to the attention of Propscience will be corrected as soon as possible. The content of this Site is being constantly modified to meet the terms, stipulations and recommendations of the Real Estate Regulation Act, 2016 ("RERA") and rules made thereunder and may vary from the content available as of date. All content may be updated from time to time and may at times be out of date. Propscience accepts no responsibility for keeping the information in this website up to date or any liability whatsoever for any failure to do so.
While every care has been taken to ensure that the content is useful, reliable and accurate, all content and information on the Site is provided on an "as is" and "as available" basis. Propscience does not accept any responsibility or liability with regard to the content, accuracy, legality and reliability of the information provided herein, or, for any loss or damage caused arising directly or indirectly in connection with reliance on the use of such information. No information given under this Site creates a warranty or expands the scope of any warranty that cannot be disclaimed under applicable law.
This Site provides links to other websites owned by third parties. Any reference or mention to third party websites, projects or services is for purely informational purposes only. This information does not constitute either an endorsement or a recommendation. Propscience accepts no responsibility for the content, reliability and information provided on these third-party websites. Propscience will not be held liable for any personal information of data collected by these third parties or for any virus or destructive properties that may be present on these third-party sites.
Your use of the Site is solely at your own risk. You agree and acknowledge that you are solely responsible for any action you take based upon this content and that Propscience is not liable for the same. All details regarding a project/property provided on this Site are updated on the basis of information available from the respective developers/owners/promoters. All such information will not be construed as an advertisement. To find out more about a project / development, please register/contact us to visit the site you are interested in. All decisions taken by you in this regard will be taken independently and Propscience will not be liable for any such loss in connection with the same. This Site is for guidance only. Your use of this Site - including any suggestions set out in the Site and or any use of the resources available on this Site, do not create any professional - client relationship between you and Propscience. Propscience cannot accept you as a client until certain formalities and requirements are met.
We use cookies to give you the best possible service while using our website, please accept it and continue browsing if you're happy with this. For more information see our Privacy Policy