Apartment association
Raj
(Querist) 29 April 2019
This query is : Resolved
Dear Experts,
We are a group of 12 flat owners in a building with 34 flats. The owners living in building are dictating all terms including maintenance amount, rules etc. Other owners who have rented flats do not want to object or question.
12 owners, 1 is living in building and 11 have rented - this group does not want to accept all the rules. But by saying majority, people are forcing all rules and not responding properly. Maintenance is not charged on sq feet basis (some are 3 BHKs and some are 1BHK) and arbitrarily done.
Whenever we object, the owners living in building threaten to stop all maintenance and start spreading negative news about owners, and tenants feel harassed a lot. It is in Bangalore and not registered.
Since tenants are in the building, these 11 owners have been cooperating but decisions are being made one sided (owners living in building). The association people know that owners cant lose tenants and hence blackmailing like that. All friendly discussions failed and they are adamant.
Please advice.
thanks
Raj
KISHAN DUTT KALASKAR
(Expert) 29 April 2019
Dear Sir,
You may approach your builder/vendor and negotiate the issue and see that matter is settled amicably. If not settled approach Deputy Registrar of Co-operative Societies and lodge a complaint accordingly. If water facility and other civic facilities are not provided to you then approach a Civil Court.
Please mark “LIKE” if satisfied by my answer.
H.M.Patnaik
(Expert) 29 April 2019
Dear Mr. Raj ,
You have indicated that there is no registered resident welfare association in your apartment.In absence of the same ,resident/ owners are informally managing the maintenance and connected affairs amongst themselves.In this backdrop , no legal action can be initiated against the other owners.
First of all take steps to register the association following proper procedure applicable to your state., where after matters will be manged as per approved bye-laws and any member can take legal recourse for violation of the provisions.
P. Venu
(Expert) 29 April 2019
Any suggestion needs to be based on the prevailing local law as to the ownership of apartments. Is there any conditions mentioned in the conveyance deed executed while purchasing the flats from the owners?
Raj
(Querist) 29 April 2019
Thanks for the suggestions so far. The apartment was built using some joint development, and builder left apartment maintenance 1 year back and owners managing without registration. Registration is not possible as there is no agreement on bye laws, the main reason why 12 members want to separate.
The main problem is since most owners are not in building, those living there are taking advantage of situation and trying to dictate terms. Tenants feel harassed sometimes and may also take action so want to prevent all this.
In the name of majority, can any decision be forced on dissenting owners? I dont think this is possible (like forcing to pay 10000 as deposit for additional amenities).
Dr J C Vashista
(Expert) 30 April 2019
Whether there is a RWA or it is a CHS, accordingly laws/rules/bye-laws shall apply, which you did not mention.
Consult a local prudent lawyer for proper appreciation of facts/documents and guidance/proceeding.
P. Venu
(Expert) 30 April 2019
You have not provided any facts, even as to location of the property and conditions, if any, any in the conveyance deed. It is impossible to make any suggestion based on mere surmises and conjectures and your subjective personal opinions.
