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Residents association # builder

(Querist) 18 May 2017 This query is : Resolved 
Dear Sirs / Madame,
1) A builder (KG Foundations P Ltd) is failed to complete all the pending works and pushing the unregistered association -KG Signature City Residents Owners Association (second association introduced by builder) to take charge of the building
2) Already there were three registered associations in the same building (including one introduced by builder)
3) The fourth, un-registered association was introduced by builder in July 2016 and huge sum of money has already been transferred without registration and the unregistered association already started collecting maintenance charges, without registration, Not all the owners are included in the memberlist, No Budget or resolution in AGM etc.
4) Since the builder yet to register significant portion of UDS to owners, and also the maintenance charges to collected proportionate to UDS.
5) We are insisting these group of people to get the association registered, include all owners as members, present budget in AGM, collect proportionate to UDS. We are insisting this only to make the builder to pay maintenance for 1/3rd of UDS they are keeping with them or register the balance UDS to owners.

Can the builder hand over the corpus and advance maintenance charges collected from owner to unregistered association.

Can the unregistered association collect maintenance charges, and without UDS calculation, budge and approval in AGM etc.

What action can be initiated against builder, un-registered association and registration department in the event of registering this association without acting on these violations.
Thanking you
Hemant Agarwal (Expert) 19 May 2017
1. "IF" the Association /Society is "unregistered", THEN, legally :
a) There CANNOT be any member. All membership is illegal.
b) There CANNOT be any Secretary or other committee members. All committee members are illegal.
c) Nobody can raise any issues in a unregistered Association /Society.
d) Committee members do not derive any legal right to demand any money /charges /whatever. The Flat-Owners are not liable to pay any money to any illegal committee members.
CONCLUSION: The whole unregistered Association /Society is "illegal" and has no legal status, in a court of law.

Keep Smiling .... Hemant Agarwal
Guest (Expert) 19 May 2017
Agreed with Expert Shree.Hemant Agarwal
Adv. Yogen Kakade (Expert) 19 May 2017
I agree with the expert.
Thirumalai Dasan K (Querist) 19 May 2017
Thanks a lot to Experts M/s. Hemanth, Rajkumar and Kakade

Best Regards
Thirumalai Dasan K
Rajendra K Goyal (Expert) 19 May 2017
Agree with the expert.
Guest (Expert) 19 May 2017
Agree with Experts
Dr J C Vashista (Expert) 19 May 2017
The builder is bound to submit declaration to the Registrar of Firms & Societies (District) and handover the building/premises for its maintenance to a registered association under the provisions of (State) Apartment Ownership Act.

However, there is very limited scope for a registered Resident's Welfare Association in the circumstances as stated by author. Besides this, an unregistered association do not have any standing in the eyes of law.
Guest (Expert) 19 May 2017
Agree with Dr J C Vashista
Thirumalai Dasan K (Querist) 20 May 2017
Thanks a lot Dear Sirs
Guest (Expert) 20 May 2017
Welcome Please
Ms.Usha Kapoor (Expert) 02 July 2018
I agree with experts.

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