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APARTMENT maintaince not paid by 2 members

Querist : Anonymous (Querist) 10 October 2015 This query is : Resolved 
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Regarding APARTMENT maintaince charge could not be collectedTotal Replies : 0

by��Ramachandran Sundaram��on��13 September 2015

We live in an Apartment having 15 flats with 4 floors. The apartment was built in 2013 and the builder has not formed the Association and simply handed over the keys to all purchasers by convening a meeting then. Later all the owners convened a meeting to collect Rs.800/ pm per house apart from yearly maintaince of Rs.1000/ per house per year for lift. An association was formed without registered by selecting the The President, Secretary, and a Treasurer. Within 6 months the Secretary collide along with the Treasurer (both purchased the opposite house) in the 1st Floor dominated the entire Apartment without consulting the President and other members. They took other parking areas and giving disturbance to others.So we other member could not change their mood. SO, One of the owners from 1st floor had could not park his Maruti Desire car and fought and finally sold his house and gone. Then the 2 secretary and treasure acted as the were the entire Apartment owners. For every smooth talk if we approach, they started scolding others along with others. Finally, last year, We other 13 owners jointly fought with them and took all the keys of the apartment like lift, generator, gate etc..Then for maintaince they have not given the full amt of Rs.800.00 They used to give Rs.600/ only p.m for watchman, common EB. They stopped giving the annual maintenance of Rs.1000/ per year for 2 year , But using the lift. Now from January 2015 we started the new association with New president ,Secretary And Treasurer. From then they are not giving the monthly maintaince also.Simplyenjoying all the ffacilities like Water, lift,common EB , common security ,etc. Ours is a not a registered association. A simply handwritten arrangement. Others13 apartment ppeople r good except the 2. If we approach for smooth talk they start fighting with all the other owners. They also not ready to be a members. Now it it is Rs.8000/ due from each of them totally Rs 16000/ due. Now 1) how we can start an welfare association.? How many members? What r the stamp reqd for making the document? Whether it should be registered? And where it sould be registered? Whether they had to be given notice or without making them, We can form the Association and bye laws may be passed.? Any possibility in cutting of water service ?This can be included in the bye laws before that? Then what are the legal remedy? Or Only suing power's to be obtained by Byelaws and can sue in court.? Model for an Apartment welfare association required. RAM / / / From Trichy Tamilnadu

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Regarding APARTMENT maintaince charge could not be collectedTotal Replies : 0

by��Ramachandran Sundaram��on��13 September 2015

We live in an Apartment having 15 flats with 4 floors. The apartment was built in 2013 and the builder has not formed the Association and simply handed over the keys to all purchasers by convening a meeting then. Later all the owners convened a meeting to collect Rs.800/ pm per house apart from yearly maintaince of Rs.1000/ per house per year for lift. An association was formed without registered by selecting the The President, Secretary, and a Treasurer. Within 6 months the Secretary collide along with the Treasurer (both purchased the opposite house) in the 1st Floor dominated the entire Apartment without consulting the President and other members. They took other parking areas and giving disturbance to others.So we other member could not change their mood. SO, One of the owners from 1st floor had could not park his Maruti Desire car and fought and finally sold his house and gone. Then the 2 secretary and treasure acted as the were the entire Apartment owners. For every smooth talk if we approach, they started scolding others along with others. Finally, last year, We other 13 owners jointly fought with them and took all the keys of the apartment like lift, generator, gate etc..Then for maintaince they have not given the full amt of Rs.800.00 They used to give Rs.600/ only p.m for watchman, common EB. They stopped giving the annual maintenance of Rs.1000/ per year for 2 year , But using the lift. Now from January 2015 we started the new association with New president ,Secretary And Treasurer. From then they are not giving the monthly maintaince also.Simplyenjoying all the ffacilities like Water, lift,common EB , common security ,etc. Ours is a not a registered association. A simply handwritten arrangement. Others13 apartment ppeople r good except the 2. If we approach for smooth talk they start fighting with all the other owners. They also not ready to be a members. Now it it is Rs.8000/ due from each of them totally Rs 16000/ due. Now 1) how we can start an welfare association.? How many members? What r the stamp reqd for making the document? Whether it should be registered? And where it sould be registered? Whether they had to be given notice or without making them, We can form the Association and bye laws may be passed.? Any possibility in cutting of water service ?This can be included in the bye laws before that? Then what are the legal remedy? Or Only suing power's to be obtained by Byelaws and can sue in court.? Model for an Apartment welfare association required. RAM / / / From Trichy Tamilnadu

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Sudhir Kumar, Advocate (Expert) 11 October 2015
too long query for free advise.
Rajendra K Goyal (Expert) 11 October 2015
Get your association registered. Start recovery proceedings against the defaulters. You can have guidance from some other nearby society or local lawyer.
K.S.Srinivas (Expert) 13 October 2015
Agreed with Sri Goyal.


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