Illegal construction by an owner

Querist : Anonymous (Querist) 13 February 2025 This query is : Resolved
Dear Sir,

I am the owner of a flat located on the 4th floor within a scheme of 7 flats in Nagpur. We are currently paying Rs. 1,000 monthly towards maintenance charges to one of the co-flat owners, who resides on the 1st floor. He collects the maintenance fees from all seven flat owners but mismanages the funds and never provides an account record. He often imposes arbitrary expenses on us.

Out of the seven flat owners, I am the only one who has requested him to show the maintenance account records. He has repeatedly stopped the elevator service. For many years, he has been holding on to the building maintenance charges without proper transparency. Recently, he constructed a 150 ft² room in the common parking area to store his surplus belongings, despite objections from four of the flat owners. He continues with the construction work regardless of our concerns.

What should I do in this situation?

Thank you

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Quick Summary

A flat owner in Nagpur is experiencing issues with a co-owner who mismanages building maintenance funds and has illegally constructed a room in a common parking area. Despite requests for financial transparency and objections from other owners, the construction continues. The advice suggests reporting the matter to the cooperative housing societies' registrar or taking direct legal action, including police complaints for misappropriation and municipal corporation complaints for illegal construction, especially in the absence of a registered association.

kavksatyanarayana (Expert) 13 February 2025
You should complain to the committee marking a copy of the Dy./Jt. Registrar of Cooperative Housing Societies. If no action is taken by the committee, you can report it to the Registrar.

T. Kalaiselvan, Advocate (Expert) 14 February 2025
In the absence of a registered association you can directly take legal action against him for his illegal act of misappropriation of funds and for illegal construction activities too.
You give a complaint to the police for misappropriation of funds and make a complaint with the municipal corporation for the illegal construction.

P. Venu (Expert) 18 February 2025
Admittedly, thee is no registered society. As such, the person who collect the funds and expend is accountable to other co-occupants. The accountability is enforceable through a civil action.

T. Kalaiselvan, Advocate (Expert) 16 June 2025
If someone is encroaching on a common path in an apartment complex to construct a structure, you should first attempt to resolve the issue amicably through communication with the encroaching neighbor.. If this fails, document the encroachment with photos and videos, and then approach the local civic body to file a formal complaint. If the encroachment continues, you may need to consider legal action, such as sending a legal notice, filing a complaint with local authorities, or pursuing a civil suit for injunction.

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