Flat owners

Querist : Anonymous (Querist) 09 December 2023 This query is : Resolved
Hello Sir,
Flat of 4 owners. We purchased the flat in 2020 and its in ground floor. Its in chennai, a reputed builder. there is one flat owner in first floor who is controlling what to do-
1. like we should not open a common tap and that she has changed the tap
2. she(first floor lady) is not allowing to lock the common gate in ground floor between 10 to 4 p,m in night. she is saying her milk packet should be delivered and the gate lock will be broken if we lock it in night.
3. she has made a construction in her car parking which is in common area without consulting others.
4. we have sent a legal notice asking her to co-operate. but she filed a false police complaint in the police station against us.
5. we reside abroad and she is harrasing our parents.
6. a resident in ground floor and in first floor frequently travels abroad and slowly she started taking control for 20 years.
7. she is not allowing to form association, building condition getting bad, however we have started legal process. Your guidance will be much appreciated to move further. thanks

what are the options to take civil/criminal actions in police station and court against her.

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Quick Summary

Four flat owners in Chennai are experiencing harassment from a co-owner who is unilaterally making decisions and altering common areas. Despite sending a legal notice and facing a false police complaint, the situation persists, with the harassing owner preventing the formation of a residents' association. The advice given is to unite all flat owners, form and register a society with the builder's help, and then take collective legal action against any non-compliance with the association's bylaws.

kavksatyanarayana (Expert) 09 December 2023
The formation of society is a must. No owner of the flats is questioned regarding the formation of society. So ask the builder to form an association. If no person listens you complain to the Dy./Jt. Registrar of Cooperative Housing Societies and RERA and the Municipal Corporation Authority.

T. Kalaiselvan, Advocate (Expert) 09 December 2023
It is not understood that how could all other residents tolerate the reported atrocities of one single flat owner for all these 20 years or so.
If she is indulging in such activities agaisnt the flat owners who ask her questions, then it is the problem with the people who remain silent.
There appears to be no unity among the other flat owners and most of the people are not interested to raise any question in this regard because they are all residing outside the complex.
Firstly you initiate steps to unit all the flat owners and discuss the issue and find a solution to form a society, get it registered, have an election of the office bearers, bring the complex under the control of the association and then take legal action against not only this lady but agaisnt all those who do not obey the bylaws of this registered association.

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