I am residing in channai, Tamil Nadu in an apartment which has 21 flats.
1) the person who handed over his land for the construction has, one duplex building/ flat, one flat in adjutant area, and merged these in to a single flat. Eventhough these flats has two flat numbers he shows as a single flat and pays maintenance charges for a single flat. He has another two flats, which he rented out. He forcely occupied a common park as his car park and threatens us and says he bought that car park area and when asked to show the evidences he refuses. But in our plan it is only a common park area.
2) All the 21 flat owners formed an association some years back, which is yet be registered. There is no elected body and the care taker does all the requirements with his initiative. But others say that he is benefited otherwise.
3) The owners say it is only an owner's association and tenants has no right in electing the office bearers as they may vacate anytime or may asked to vacate any time by the owner of the flat. But the occupants say that they are paying the maintenance and they are the consumers and has every right to question the office bearers who were self appointed.
4) The Apartment has a common passage of 1000 sq.ft and a car parking area of 1200 Sq.ft. The servant who sweeps the floor sweeps the car park too and gets Rs900 per month. The persons who don't own a car park says since the sweeper sweeps major car park the car park owners should pay more to the sweeper.
5) when coming to take over charges of President of the association, Secretary and treasurer no one wish to take the charge but insists to register first, which few find it difficult to carry out.
6) Now for the last 10 years the common place is not white washed and when the care taker demanded money, the persons with large area says that expanse should be divided in 20. The person who I quoted as No1 says even though he owns more that 2000 sq.ft as a single flat will pay if the entire white wash expanse should be divided in twenty.
7) There are other flats that has 650 Sq.ft residing area they say they can not accept the rate and say it should be on the common passage area as mentioned in the document/ Sale deed..
8) Since lots of confusion among the residents is it possible to hand over the maintanance of the flats to a common agency or shall we approach the builder? If the builder refuses shall we ask for a legal opinion or shall we issue notice? If a notice to be issued in whose name it should be issued?
There is no elected office bearers or a registered association.
Seeking your advice
