Our apartment's association has made an amendment during the annual general body meeting of the Association held in the year 2005 and expanded the definition of owner to include spouse, son, daughter, father and mother of the owner of an apartment. This is against the definition of Apartment Owner as per Section 3 (b) of the Act (Andhra Pradesh Apartments (Promotion of Construction and Ownership) Act & Rules 1987). Further this amendment not only violates the basic feature of the Association but also conflicts with the provisions of the Act. Further it violates the Section 18 of the Act as our apartment's association has not filed true copy of the bye-laws and the amendment under reference together with the Declaration with the Competent Authority.
Our apartment association has never submitted to the provisions of the Act depriving members of the rights conferred on them by the Act.
Builder and landowner have not yet conveyed their title (to the property) to the Association as ordained in Rule 8 of the Act, and as a result, all open spaces, parking spaces, lobbies, stair cases, terraces, recreation spaces etc. still remain the properties of the promoters until the said land and building are transferred to the Association (Vide clause 28 of Model Form of Agreement, Form I, to be entered into between promoter and purchaser of flat).
As some of the office bearers including secretary are not qualified as "owner", the association neither the authority nor competence to run the association demanding funds from the owners and handling the huge expenditure.
We have tried our best to convey these issues/irregularities to our association for the last 8 years but they never formally acknowledged the same and nobody is ready accept these issues/irregularities. As a final attempt, recently we have sent a registered post to the secretary on the same but he rejected to collect the same.
So I request you to guide us on the same to proceed further for justice. Also request you to recommend a good lawyer with the experience/knowledge on the acts related to the apartment associations within Hyderabad.