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Builder is selling his flat without NOC from Association

(Querist) 27 August 2017 This query is : Resolved 
Dear Sir,

Builder is not paid maintenance since 2014 and now he is selling flat without taking NOC from apartment Association.

Sale is allowed as per law even though he is not paid maintenance for 3years.

What process we need to follow to get maintenance money from builder.
Ms.Usha Kapoor (Expert) 28 August 2017
Once the apartment owners Association is formed builders responsibility to pay maintenance charges ceases.It is the Apartment owners Association's responsibility to pay maintenance and you convene a AGM and let the Managing committee collect maintenance charges from you to stop the sale of flat. by the builder.
Guest (Expert) 28 August 2017
On what ground you or the association want to hold the builder, instead of flat owners, liable to pay you maintenance charges on flats?

If you have talked about maintenance of his own flat, the association may file a recovery suit against him and also notify through local & state's newspapers about liability of the builder and make the buyer also responsible to pay the outstanding maintenance charges through that paper notification.
Rajendra K Goyal (Expert) 28 August 2017
Association should start proceedings against the builder as per Association rules.
Dr J C Vashista (Expert) 29 August 2017
I fully agree with expert Mr. PS Dhingra, what for (on what account/liability) do you need to ask the builder, not flat owners, to pay maintenance?
Whether the builder has filed declaration as required by law before forming/taking over the building by association or flat owners?
Guest (Expert) 29 August 2017
Dr. J.C. Vashista,

Thanks for agreeing with my opinion.
Hemant Agarwal (Expert) 21 September 2017
Kind Attention: Gangadhar (querist)
1. Probably you would be referring to the "UNSOLD" flats in the custody of the Builder.

2. Society or Association permission /NOC is "NOT" required by the builder to sell his "UNSOLD" flats.

3. The Society or Association may file "civil proceedings" for recovery of any legitimate outstanding dues on the "UNSOLD" flats, upto & within Three years "ONLY". There is no other remedy for this.

Keep Smiling .... Hemant Agarwal

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