Dispute with managing committee of apartment
Querist :
Anonymous
(Querist) 26 October 2025
This query is : Resolved
Dear Experts,
Ours is a Association of Apartment, and we own 1 unit. The building is now 10+ years old. There are leakages and several issues as no maintenance has been done in all these years. Around 2 years ago one of the compound walls fell. Our garage was at the corner of the wall and the committee decided to dig the foundation to find the fault (water accumulation) and in the process broke our garage too. The dispute started when the said they will not re-build the garage as it is our private property. Now they have done some repairs but not built the entire wall. Around the same time, we left the building as it was very shoddy and stopped paying maintenance so as to adjust the amount when the dispute is resolved. They stopped all communication with us, we don't get any updates on the building status. They now say nobody cannot rent/sell till they take permission from the committee. Also some others are parking their car in our parking space as we are not living there.
Are they liable to build the garage and give us or is the onus on us?
How do we protect our garage parking space, while other cars are being parked there?
In a Association of Apartment do we need to take permission before selling, or is that only in a Co-op Society? If we find a buyer, do we still need permission or can we sell directly, if the buyer is willing to deal with the issue?
T. Kalaiselvan, Advocate
(Expert) 27 October 2025
If your apartment association is a registered body then you may have to obtain NOC from the association.
It is not mandatory to obtain permission from an unregistered apartment association to sell your apartment, as they lack legal standing and have no bylaws to enforce rules. However, it is still highly advisable to check if the buyer's bank or your local laws require a No Objection Certificate (NOC) from other entities, such as the builder or a registered cooperative society. The lack of registration means you are generally free to sell your property, but you may need to provide the buyer with other documents like sale deeds and link documents that show the chain of ownership.
What were you doing all these two years without taking any legal action against the association which damaged your garage and also against those people using your car parking space.
You better issue a legal notice and then file a criminal complaint for trespass and for damaging your property against the association.
Querist :
Anonymous
(Querist) 27 October 2025
Sir we submitted letters regarding the garage in the meeting but they simply refuse to sign and acknowledge. Also sent the same through registered post they didn't accept and it got returned.
Querist :
Anonymous
(Querist) 27 October 2025
Im sure they will do the same for the legal notice. While they behave like this with us, they do not object to other owners who have made illegal extensions to their houses.
kavksatyanarayana
(Expert) 27 October 2025
I am confused by your query. Is the garage yours or part of the apartment? The apartment is 10 years old. Did you register the bylaws? What are the terms and conditions of the bylaws?
Querist :
Anonymous
(Querist) 27 October 2025
Yes, we are the owner of the garage and it is mentioned in our Sale deed. I will have to check the byelaws
Dr. J C Vashista
(Expert) 28 October 2025
There is no requirement of taking permission or NOC from an association to sell the property in the apartment.
T. Kalaiselvan, Advocate
(Expert) 28 October 2025
You can follow the due process of law if you are really serious looking for any relief.
P. Venu
(Expert) 01 November 2025
Any suggestion depends upon the law under which the association is registered and legal character of the association as well the apartment.
Dr. J C Vashista
(Expert) 02 November 2025
Show relevant records to a local prudent lawyer for proper appreciation of facts, professional advise and necessary proceeding to protect your interest.
