Table of Contents
Intorduction
There is often confusion regarding choosing appropriated department for registering a housing society or apartment owners’ association in West Bengal. The two relevant laws are:
1. West Bengal Societies Registration Act, 1961 (WBSRA)
2. West Bengal Apartment Ownership Act, 1972 (WBAOA)
In this article we will discuss and clarify about the issue as mentioned above.
Key Differences for Registration of Housing Society:
| Aspect | WBSRA, 1961 (Society) | WBAOA, 1972 (Apartment Owners’ Association) |
| Purpose | General, for literary, cultural, scientific, charitable, or social purposes, | Specifically for managing and maintaining common areas and facilities of an apartment complex |
| Objects | Registered under the West Bengal Societies Registration Act, 1961, meant for voluntary associations | Registered under the West Bengal Apartment Ownership Act, 1972, which governs apartment ownership, maintenance, and common areas |
| Governing Authority | Registrar of Societies, West Bengal | Competent Authority under the WBAOA, Housing Department |
| Requirements | Minimum 7 members; Memorandum of Association and Regulations must be filed | All apartment owners must be members; Form A required to submitted |
| Property Ownership & Management | Society cannot own common areas unless explicitly transferred | Common areas automatically vest in the Association, and members hold an undivided share |
| Maintenance and Dispute Resolution | Society can collect membership fees | Association can enforce maintenance charges under statutory backing |
| Voting Rights | One vote per member | Voting based on ownership percentage |
| Dissolution | Requires 3/4th majority | More difficult, as apartments are linked to ownership rights |
Can Apartment Owners Register Under the West Bengal Societies Registration Act, 1961?
No, apartment owners cannot legally form an association under the West Bengal Societies Registration Act, 1961 (WBSRA) for managing and governing a housing complex. Instead, they are required to register under the West Bengal Apartment Ownership Act, 1972 (WBAOA).
Legal Restrictions & Why Registration Under WBSR Act is Not Permissible
Legal Restrictions & Why Registration Under WBSRA is Not Permissible
Specific Law for Apartment Ownership & Management
The West Bengal Apartment Ownership Act, 1972 is the only law that governs apartment ownership, common areas, and associations.
Section 2 of WBAOA defines apartment ownership rights, making it mandatory for apartment owners to form an association under this Act.
Common Areas & Statutory Rights
WBAOA automatically vests common areas and facilities in the association, confirming legal rights over maintenance, repairs, and management.
A society registered under WBSRA has no legal authority over common areas unless explicitly transferred, which is impractical.
Enforcement of Maintenance & Charges
WBAOA provides a legal mechanism to collect maintenance charges from owners, to properly upkeep the activity of the association.
A society under WBSRA cannot collect maintenance charges for common areas, making it ineffective for apartment management.
Legal Preference
The West Bengal government and municipal bodies recognize only WBAOA-registered associations for apartment related governance.
Courts have ruled that WBSRA is not meant for apartment associations, and disputes under this Act may not be entertained in case of issues related to common areas.
Conclusion
The West Bengal Apartment Ownership Act, 1972 is a special law enacted specifically for apartment owners to manage their buildings and common areas, as such it overrides the West Bengal Societies Registration Act, 1961 in matters of apartment ownership and management .
This means apartment owners cannot legally register their association under the Societies Act. Instead, they must form their association under the Apartment Ownership Act which is giving it the authority to manage common areas, collection of maintenance charges, and handle legal matters related to the apartment complex and is the best legal option for the same.
