Related to housing association
kishor
(Querist) 11 January 2015
This query is : Resolved
Hello Expert,
My relative, a retired person, owns a flat in mumbai suburb. Flat is given on rent & the rental income is his source of income.
There are 4 buildings in the association.
The recently elected president has taken up
staircase renovation work (replacing simple stairs with marble tiles)
& upon the completion of the work
is asking the retired person to pay up Rs 15000.
Flat owner was never informed about the
proposed renovation work & amount to be paid until the completion of the work.
Further, such renovation work is not carried on by the association. It is done only in the building where president stays.
Being unable to pay, my relative is warned
that Rs15000 would be collected with interest.
Monthly society charges are being paid regularly
by the flat owner.
My question:
Before starting the renovation
work, the same & amount payable were never
told to the flat owner,so
1)Can the president file a case in police station to recover the amount?
2)Can a case be filed by the president in the court?
3) Housing association has not issued any copy of bye laws until so far.President proposed to make a clause where by Rs 15000 shall be recovered with interest at a later date. Is this valid?
(There are 20 flats in the building. Five members are unable to pay.)
Kindly reply.
thanks.
Isaac Gabriel
(Expert) 11 January 2015
Whether prior information was given to the members and resolution passed approving the estmate?Further it depends upon the bylaws to file civil suit.
kishor
(Querist) 12 January 2015
Sir, thanks for your response.
The housing association has not made any bye laws till date.
No estimate was given prior to commencement of work. Upon completion of work the flat owner is asked to pay up 15000.
Can the president recover this amount with interest in future?
malipeddi jaggarao
(Expert) 12 January 2015
If no resolution is passed, if no prior intimation is given, if the work is executed only in the area of the President, the members need not respond to his call for contribution. Just ignore the call. He cannot do anything.
ajay sethi
(Expert) 12 January 2015
meeting has to be called by the association there has to be resolution passed by members before work of renovation is done . contribution to be recovered from members has to be passed in said meeting . only then work can be done . reply to president that work has been carried on without prior approval of members
kishor
(Querist) 12 January 2015
Thanks for your responses!
One more question:
Meeting was called, the flat owner could not attend as he stays far away & is old to travel.
The amount payable was never communicated to the flat owner not even by email.
Now upon work completion the amount of 15000 is being asked.
can the president force the amount with interest? kindly reply.
ajay sethi
(Expert) 12 January 2015
ask for copy of resolution passed in meeting . if resolution passed it would be binding on all members
R.K Nanda
(Expert) 12 January 2015
consult local lawyer.
kishor
(Querist) 12 January 2015
Is it the general practice to communicate the resolution passed & the proposed amount to be contributed by each flat owner to outstation members upon the end of the meeting?
T. Kalaiselvan, Advocate
(Expert) 15 January 2015
If there was a meeting held and a resolution was passed effecting the cost of such renovation work all the members of the association are bound to pay(Share) the expenses. The legal option of recovery from members will be stipulated in the bye laws itself, ask for a copy and become aware of the bylaws.
