Flat association dispute
Sridhar Radhakrishnan
(Querist) 22 April 2014
This query is : Resolved
My father ( K P Radhakrishnan) who is aged 82 staying lonely in his own flat from 2004 after demise of my mother at Chennai. His premises have 93 flats and registered association. Sofar, all maintenance and additional charges asked by association circulars paid by father up to Jan 2013 on his own. Due to age factor of my father and illness of Alzheimer decease I (eldor son) have taken care of him from Feb 2013 as well as payments pertains to Association and others. While paying maintenance charges only, I found huge cash payment collected from the association during 2009 apart from monthly maintenance charges against their receipts with penalty. Relatively, I have issued a letter to association seeking explanation of additional payments along with the audited copies and amended copies of bye- laws to ascertain all clauses. Till date association have not provided me any of documents. Further, the association asked me Lift revamp charges which I denied due to non issuance of documents as indicated above. However the release of maintenance charges from my father being effected, during Dec 2013 association have not accepted maintenance charges and returned back the cheaque suddenly with a foot note on my letter of payment and insisting me that the future payments of maintenance charges accepted only along with the payment of LIFT REVAMP Charges.
With this linking method imposed by the association, I have stopped payment of maintenance charges from Dec 2013 onwards to till date and I explained my requirements categorically during executive committee meeting held on March 2014. Thereafter, association have put a circular in all notice boards that my father as ' A DEFAULTER and MEMBERSHIP of association will be cancelled. I was shocked and annoyed very much on the worst attitude of association proceedings. I sent a strong letter to the association by indicating the violation of Tamilnadu Apartment Ownership act 1994 as well as asking documents such as “ Bye Law copy and it’s amendments, Copy of audited reports 2004 to 2013, Statement of accounts from 2004 to 2013, explanation of additional charges, Income tax clearance certificate on cash transactions, Lift safety certificate, details of office bearers and committee members of association, details of tenants and owners and List of prevailing contracts to evaluate the governance of the association.
While replying my strong letter, surprisingly, the association secretary has asked me to submit POWER OF ATTORNEY to provide all my required documents as per direction of their committee members.
In view of the above, please help me with expertise angle on what grounds I can reply suitably to the association.
Regards,
Sridhar Radhakrishnan
ajay sethi
(Expert) 22 April 2014
association would correspond only with flat owner . you are not flat owner nor has your father given you power of attorney to act on his behalf .
although your father is suffering from dementia if he is able to read and understand contents of document he has legal capacity to execute document . Legal capacity is the ability to understand and
appreciate the consequences of one's actions and to make rational decisions.
if your father is able to do so get POA signed by your father before notary public and submit it to asociation
ajay sethi
(Expert) 22 April 2014
get your father examined by doctor who can certify whether he has legal capacity to execute documents or not . if your father is unable to do so then move court to be appointed as his guardian
A guardian has the legal authority to make decisions about the person's care and custody.
Sridhar Radhakrishnan
(Querist) 22 April 2014
Thanks Mr Ajay Sethi.
Please be noted that myself and association were exchanging letters in the past after take over from my father during FEB 2013 due to complaint against by association on non payment of Feb 13 month maintenance charges, My father told me about cash payment however I paid due to his loss of memory. That time onwards dispute started but I paid up to Dec2013 as humanitarian grounds. In this circumstances, why now suddenly asked POA. Further, please note that my father have only two sons no sisters, I am only available presently to take care of my father because my brother is a Gazetted rank officer in central govt and cannot spare time to take care of him. Moreover, I am well known on association related activities in the past two decades because my place of stay in different location also a flat comprising of 16 flats and I was the founder of my association and possessing Secretary-ship twice. Without yielding any pressures my association is running smoothly till date. Being given to understand that lack in governance of my father’s association.
Regards,
ajay sethi
(Expert) 22 April 2014
the association is justified in not entering into any correspondence with you . may be they must have consulted a local lawyer as they apprehend dispute may land in court .
the integrity of office bearers of association is a must . when the office bearers become unscruplous association founders
Sridhar Radhakrishnan
(Querist) 22 April 2014
Wonderful suggestion Mr Ajay Sethi.
I appreciate Lawyers club of INDIA having great experts like you.
I have also smelled that local lawyer have given support to the association.
As you well said, I have powerfully written correspondences in terms of Acts of Flat owner association chapters due to their wrong proceedings on non submitting of annual accounts to society authority and avoiding society rules always as well as Defamation act front due to damaging my father's reputation. In addition I asked in my strong recent letter to the secretary to have legal opinion on all my correspondences and do the needful. After that only they asked me power of attorney.
Could you clarify me on my view that BEING AN INDIAN I CAN ASK ANYBODY AND VICE VERSA TOO based on RTI.
regards,
ABDUL RAZIQUE
(Expert) 22 April 2014
yes you have right to ask any body but there is limitation.
Sridhar Radhakrishnan
(Querist) 23 April 2014
Very nice Mr Abdul Razique on your instant advise, I am totally amazed on you as well as your Lawyers Club of INDIA.
Further please be informed that my requirement is simple from the said association which are as follows:
1. Copy of Amended bye-laws.
2. Audited balance sheets from our purchase date of flat 2004.
3. No additional payment asked by association apart from maintenance charges (which itself high). Additional expenditure to be carried out with available corpus funds on major expenditures and same may be accumulated from the members after circulating balance sheets as well as corresponding budget provisions.
4. Association is a service body so imposing of penalty to the members should be ruledout which is a threatening way of collecting additional money from members.
Please advise on the above.
regards,
Sridhar Radhakrishnan
ajay sethi
(Expert) 23 April 2014
1) is your father in position to sign letters ? does he understand the contents ?
2) if so then get all letters sent to association signed by your father .
3) get your father to sign power of attorney in your favour . it can be notarised and submit it to association .
4) if your father is not in position to read and write letters move court to be appointed as your father guardian .
5) copy of amended bye laws and other documents would be submitted by association to member only unless you have POA executed by your father
ajay sethi
(Expert) 23 April 2014
RTI application by you will not be entertained by society . only member can do it .
T. Kalaiselvan, Advocate 
(Expert) 27 April 2014
I think Mr Ajay Sethi has given proper and elaborate opinion on the subject, thus as per his advise, you may get the POA duly notarized or apply for guardianship certificate if that becomes a necessity, this will help you for future activities too.
Sridhar Radhakrishnan
(Querist) 28 April 2014
My sincere thanks to M/s Ajay Sethi, Abdul Raszique and T Kalaisevan.
As directed by you, I will obtain POA from my father inrespect of his first authorisation letter provided to Association:
Besides this I would like to furnish the following text of last letter issued by myself which is self explanatory:
Letter Addressed to Secretary on 25.03.14.
Dear Sir,
Thanks for inviting me thru Mrs Manjula to discuss the issues based on my earlier letters during your scheduled committee meeting held on 16.03.2014.
While discussing I have observed lots of contrary matters which is to be seriously pursued based on Tamilnadu Apartment Ownership Act 1994, (Act no VII of 1995).
The following matters to be critically conquered to solve without yielding pressure.
1. Denying by you and your committee members to follow the rules and regulations of the above act is not good mannerism of the association which is a overriding of the govt. As a registered association vide Regd No 94/2001, it is a mandatory to follow strictly as indicated in the chapter VI.23.1 & 23.2 deviating is questionable. So Bye-Laws and its amendments are most important on all means.
2. The major issue is collecting additional money beyond maintenance charges not at all acceptable because till date not provided amendment of bye-laws even though repeatedly asked vide my previous letters. Moreover, the penalty clause imposed by the association without amendment on any payment is uncertain therefore endorsing with competent authority is must.
3. Offending to issue audited accounts for the past years is implying clearly Association’s malfunctions. Repeated request being carried out on the audited copies to exercise counter audit by self or external auditors to understand the payment effected by us and It’s expenditure carried out.
4. Explanation required on the previous additional charges paid Rs20250 vide your receipt nos 5357 dtd 08.9.09 and 5358 dtd 09.9.09 Rs15000 with penalty. For your kind reference the copies of the receipts are enclosed herewith.
5. The returning of the maintenance payment vide my letter dtd 18.12.2013 is the worst on all means and a record of association history as well as already indicated that as a insult for us. Despite this indulging my father’s reputation by placing a circular on non payment of maintenance charges in the notice board recently to all members with out writing the truth of the issue is highly offendable under INDIAN LAW of DEFAMATION act. This attitude is a most ridicule for the respectable senior citizen and longstanding owner and member of the association who is a retired central govt employee too. Moreover, during discussion, one of your committee member ( name undisclosed ) declared that our due payment which was repeatedly denied by you, can be voluntarily paid on behalf of us ensuring some motivation behind it. Could you explain this too.
In view of the above, as I informed you while leaving the meeting you are requested to have legal opinion on my all letters with the association lawyer or elsewhere and do the needful. Also requesting you to furnish the following immediately.
A. Copy of audited reports from 2004 to 2013.
B. Registered Amendment copy of bye-law in means of additional charges and its late fee structure.
C. Explanation details on the above point no 4 and 5.
D. All copies of statement of accounts placed in the notice boards during 2004 to 2013.
E. Income tax dept approval letter on cash transaction beyond Rs 5000.
F. Copy of Lift safety certificate from the originator M/s OTIS on the recent revamping vide your letter 20.12.2013
G. The names of current office bearers and committee members of Association.
H. List of full style address of resident and non resident owners of Association including number of tenants and owners available.
I. List of prevailing contract details of the association.
Thanking you and assuring you once again on my unfailing coordination always.
Yours faithfully,
signed by
R Sridhar
S/o K P Radhakrishnan
Cc: 1. Mrs Manjula – Committee member
2. In-charge of A2
Encl: a/a
Sridhar Radhakrishnan
(Querist) 28 April 2014
Further I would like to submit their reply as Text issued to me dated 30.3.2014 (Pl note they stroked existing original date of reply and modified as 11.04.2014 with out initial):
This is in reference in o your letter dated 25th March 2014, As a courtesy to your sick father and to sort out the issue of the payment of association, we called you for a meeting. As you are aware, till last year, your father Mr. Radhakrishnan had attended meeting of the association and also received circulars and other communication from the EC. He had regularly paid all dues in time.
Members / Owners of the association may ask any clarification or copy of Association documents and if EC deem it fit, this will be provided. You are not a member of the Association, hence we regret that we cannot provide any documents to you till a Power of Attorney for the same is produced to the Association.
Thanking you,
Sd by
Secretary.
