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Nydv (Software Engineer)     11 October 2019

Dealing maintainence defaulters if no body of person

Our registered project in Pune have 56 flats and 59 rowhouses.

Builder initially planned only rowhouses in project, later added flats also making changes in layout plan and getting it approved.

Year 2013 builder done Deed of Declaration of Project showing 56+59 members of condominium and their share in common areas.

59 rowhouses opposed and filed a Civil Suit(in progress) to nullify this Deed as they do not want flat owners to be part of project.

From years both side do their accounting and pay their side expenses and share common expenses.

 

Problem is within Flats side owners. No body of person formed due to situation.

Till now making decisions through votings of 56 owners and majority pass it.

Now after 10 years to maintain building person who do accounting came up with proposal of doing Painting costing 11 lakh.

Not taken Voting route as we have fear people will block this mandatory maintainence. Majority flat owners are investors.

Now siginifciant owners decided to not pay for Painting but they paid regular maintainence.

How current situation can be handled when no Body of person exists to recover money from these owners ?

What legal direction we can take to ensure our building is maintained on time with painting and no water seepage problem occur.

Thanks,

NYadav



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 3 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     11 October 2019

1.  Without a "registered" Association /Society, nobody has any legal authority to collect any kinds of Funds for any purposes, whatsoever & whichsoever.  Further it is absolutely illegal & a prosecutable offence to collect money, not get the accounts audited etc....

2.  Firstly register a "Residents Welfare Associaiton" (which is very very simple & easy)  and ONLY then think of doing anything forward, rather than fall into illegalities.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com 

Nydv (Software Engineer)     12 October 2019

hemant, thanks for reply....we audit our accounts...with Deed of Declaration done by builder Apartment Association formed....As per its bylaws within 10days of Deed, all members participate in election by ballot to finalize Board of 5 members..but that never happened in our case...59 rowhouses not accepted deed of project, they filed civil suit which is in progress......What would be way out for us to collect money for these major expenses?

Nydv (Software Engineer)     12 October 2019

Originally posted by : Nydv
hemant, thanks for reply....we audit our accounts...with Deed of Declaration done by builder Apartment Association formed....As per its bylaws within 10days of Deed, all members participate in election by ballot to finalize Board of 5 members..but that never happened in our case...59 rowhouses not accepted deed of project, they filed civil suit which is in progress......What would be way out for us to collect money for these major expenses?

also i checked our registered deed of declaration in that one of byelaw mentioned is :

ELEVENTH
External walls, drainage, water lines, external electric fittings, common meters
for passages, staircase, washing spaces, compound wall, electric pumps at ground
level, all fire fighting equipments will have to be used and maintained commonly
out of their proportionate contribution by all flat purchasers of Solacia Phase I
Condominium.

 

This mention maintainence of outside walls means painting them for protection of water seepage should be inclusive.

Is this can hold to collect money from non cooperating flat owners for painting of building without any voting.

 

Thanks,

Nyadav

 


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