Inclusion in apartments association
sahithi
(Querist) 31 August 2012
This query is : Resolved
I live in a Apartment Complex where the builder is constructing flats in a phased manner i.e. phase a, phase b, phase c etc. While he has finished 3 phases, however, some common works are pending, few title deeds not registered yet due to business hardships, the builder has handed over the partially completed phases and a Residents Welfare Association has been formed with bye-law stating the other phases will be included as and when completed. After a few years of the formation of the Association, the builder slowly struggled and finished yet another phase and maintained himself for two years and now says that he cannot maintain and asks the new flat owners to join with the already existing Association. Now, the older Association objects to the inclusion of new members stating that pending works such as title deed registration, common facilities of earlier phases should be completed first then only the new phases can be added to the Association. As for the ownership in the vast area, the UDS is based on the total number of houses in all phases. In other words, earlier phase owners and newly constructed phase flat owners do have UDS in each others territory.
Please let me know what is the legal position. In the event of refusal by the Association, can this be taken to the Court for inclusion in the Residents Welfare Association. Thanks for the advice.
ajay sethi
(Expert) 31 August 2012
all the members of new phase should join together and form a cooperative society . obtain conveyance from builder in repsect of land on which buildings constructed .
