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CHANDRAN   17 March 2018

Apartment owners association ,is it successor to maitenance

Builder entered into construction agreement with all owners including me with same terms and conditions. Collected Rs.50000 as ASSOCIATION DEPOSIT and Rs.15000 as first year maintenance.

1.Builder says he has transferred deposit to association  and assocition denies it

2. In construction agreement signed with builder individually all agreed to pay the maintenance charges proportionate to the undivided share given to each flat. But association wanted same maintenance charges and deposits for 1/86 share flat and 0.25/86 share flats.Builder has tranferred the maintenance to association. Then I have approached CONSUMER FORUM saying the association is successor to builder  for maintenance services and  as second party and builder as first pary in the complaint. Hence association has to follow the construction agreement terms regarding future maintenance. But association is arguing  that they are not successor and need not follow the constructin agreement though each of them has signed the agreement with builder.

Kindly give advice in the above issue.

Regards



Learning

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