Apartment ownership act

Student

Assoication formed under owner of Association Act

Association issues maintenance bill on a monthly basis

now association has taken up repair and renovation project and demanding money from individual flat owners based on AGM deciision

few owners have protested the manner of money collection since they beleive repair and renovation is part of maintenance

is bill and gst applicable for this project ? Are owners legally liable to pay for this project in this manner without bill and GST?

Can association take any legal action against owners if they refuse to paywithout bill and GST?

if bill is not applicable for this project, how come bill is issued for regular maintenance?

 
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subregistrar/supdt.(retired)

Dear querist what are the terms and conditions of the Byelaws?  The Byelaws  need to be verified for proper reply. so consult a local advocate with copy of Byelaws for guidance.

 
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Student

The act mentions that the bye-laws will mention the manner of collecting share of common expenses from owners 

it is also written that bye-laws may be framed by competent authority with prior approval from state government

but how to get or request for the bye-laws? from competent authority or State government or whom to approach ?

 
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CEO

(1) The matter of repairs and renovations has to be decided in an AGM, if any member has any objection he/she should raise it at the AGM, in case of being absent he/she should raise the objection in writing immediately on receipt of the minutes of the AGM. (2) Repairs and renovation are not covered in maintenance, (3) The tenders for repairs and renovations have first to be sanctioned at the AGM. Every member has a right to demand, inspect and raise queries about the tenders and bills for repairs and renovations. (4) Once the resolution is passed at the AGM no member can refuse to pay his share, in case of default the Managing Committee can take legal steps against the defaulting members. (5) For any additions and alterations in the Bye-Laws of the Assosciation, within the ambit of the relevant Acts & Rules framed by the Government, a resolution has to be passed in the AGM, setting out the proposed additions and alteratins, and a copy od this resolution has to be submitted to the Regisrtrar of Co-Operative Housing Societies of your zone.

 
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Student

Competent authority is stating that there have not been any modfiication from the state overnment in the bye-laws apart from a few minor ammendments in he ownership act itself.

I have requested the followinfg docs

a) Copy of AGM resolution

b) Tenders passed, Bills paid

c) Invoice issued in the name of owners.

But, I have not received any of the above documents, Should I go ahead and Pay without receiving the documents?

Can assoiation cause hindrance stating non-payment as a default at the time of selling/disposing ?

 
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CEO

If you do not receive a written reply to your application, from the managing committee, within 30 days you may submit a complaint to the Registrar of CHA of your zone setting out details of your complaints. If you do not receive a satisfactory response from the Registrar, you can take recourse to RTI. However you should not default in the payment, you may forward the payment under protest. Non payment may result into legal harassment. 

 
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Student

50% have been paid as advance but they are demanding full payment

Should i pay remaining amount without getting the above documents?

if they close account for payment after full paymnent and deny receipt ?

 
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CEO

It will be prudent to consult a practicing advocate and act as per his advice in the matter.
 
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Student

it is very disappointing to know that RTI is the only recourse. this way the board gets an upperhand on the money without submitting any proper documentation. Even the mony receipt does not have proper name and designaton of the person receiving the amount. It is ultimately the owners money but the  board is simply tweaking and levering its powers and hiding the information from its owners. No project timelines, no audit report, no status even no proper receipt which means they can even deny the money received after certain time period. this way the accounts can easily be manipulated internally unless owners force a legal recourse through RTI

 
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CEO

You can always take recourse to legal remedy through the Court, and be assured of justice. 

 
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