Form a Association

M.Kapoor (Querist) 07 May 2011 This query is : Resolved
Is't possible to formmed a flat-owners’ association Without informing to the Promoter,but in the agrement/Regestri it is written that Promoter can only form the association within one year of the delivery of possition 80% of units in the building complex or if so decided by the promoters the association will be formed to take over the control for common purpose only.

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Guest (Expert) 07 May 2011
I don't think that the promoter has the right to impose that condition that only promoter can form the association of flat owners. It is an arbitrary clause. I am of the view, legally he cannot debar the flat owners to form an independent association.

Sri Vijayan.A (Expert) 08 May 2011
Formation of association is right of its members.
The roll of the promoter is to assist or help or co-ordinating in forming the association, because all the co-owners may not have introduction with each other.

M.Kapoor (Querist) 10 May 2011
Thanks a lot sir.

M.Kapoor (Querist) 10 May 2011
Promoter is neither giving the "Completion Certificate" obtaining from BMC, nor he is forming a Owner's Association and handing over the legal ownership of the building after a long times. Fire Fighting Arrangement, Generator & other commitments as per Deed of Conveyance have not been done.