K Rama Krishna Rao (Sr Manager- Purchase) 27 January 2014

Apartments association act - issues

Dear Sirs

We have formed an apartment owners welfare assoctaion in Hyderabad.

We are having 12 flats and only. Two owners are staying in the said apartment ( one owner will be 6 months in India and 6 months in USA) I am the only one resident permenantly staying in the complex.

I am the secretary of the association and there are issues and non agreement in the meeting in fixing the maintenance expenditure in maintaining harmony of the complex. We used to maintain the monthly maintenance charges with a logic and rationale from time to time and have decided certain formulae in fixing the fixed charges and variable charges

Recently one tenant purchased an apartment and was known to the association only after registration and not officially inducted in the association committee.

As a tenant he is most irregular and never used to pay the maintenance charges in time and with a great difficulty with the intervention of others/his owner maintenance used to be paid.

I had an overseas assignment and we had a meeting and asked this tenant ( now owner) to handle the maintenance as a care taker. In the meeting, the fixed charges were raised from Rs.700/- pm to Rs.1000/- pm without any rationale.

Initially I had signed and realized this is against facts and informed the members immediately in the meeting ( verbally) and later communicated to all in writing that Rs.800/- can only be fixed with rationale and facts and will be paying Rs.800/- only.

Since then I am paying only Rs.800/- pm and was accepted for a couple of months. Later it was declined to accept and paid the amount ( 3-4 months ) in the association account with an intimation to the president and in writing in the maintenance register.

All through the months, I am writing in the register to convene a meeting again with all the members present to decide futher course of action. I had also indicated till such time, I will be paying Rs.800/- only. No meeting was convened a long as I am in india. I moved ( alone) from Hyderabad on an overseas assigment and now not available in India.

My wife and son are staying alone in the said apartment and my son is attending the intermediate final year examinations. Now the care taker is harrasing my family by disconnecting the water supplies to my apartment and locked the approcah. We broke the gates as there is no drop of water at home and diisconnected the water supply to the care taker and locked the gates.

With a lot of altercation, a meeting was convened without full forum in my absence ( my wife attended the meeting) and my wife raised all the issues. But no one had gone through the rationale and facts and asked to maintain Rs.1000/- for which my wife and my self ( through skyoe/telephone) rejected the proposal and agreed only for Rs.800/- pm ( fixed) + variable expenses ( Rs/Liter water consumption). Even we have told in the meeting that we are not going to pay the back log amount unless the discussion takes place with rationale and logic.

There is no mental peace to me and family and tried to approach police station to register a complaint. I would like to seek an opinion from experts in my next step if the harrasment continues further to me and my family.

Regards

Ramky

Reply Follow

3 Replies

Dr J C Vashista (Advocate) 27 January 2014

Engage a local lawyer. Is it a registered association, if yes, Memorendum of association and Articles of association will be required to be read and interpretted.

T. Kalaiselvan, Advocate (Advocate) 27 January 2014

The bye laws and the memorandum of association will speak about the solutions sought for.

Ratna (owner) 28 March 2015

Hell0 Everyone ,

I’m from Bangalore and staying in apartment from last one year,when we are moving in new flat I had given some electric work to the mainatnace person and fixed the amount but unfortunately he failed to complete the work and we got delAyed two months to shift in that flat ,I had called another electrician and done some work most of the work he done wrong connection and we got difficulties by fixing some items I have complained about him to apartment secretary he said to pay him 4000 thousands more and finish this issue ,but we fixed that cost work at 11000/- later 11500.

From that day to till that maintenance person troubling me for any reasons and when I ‘m complaining to secretary he is supporting him back to back and giving other reasons and rules and regulation .

1-l pouring full water in my pots which out of my main door who’s business had making critizing and issue of over water and safety of walking in common area .the fact was we are pouring water half of the in every 5-6 days

2-we were out of station for 20 days after coming I saw over water is there in the pots ,I called secretary and complained about this he said some may be pour whom you said like made neighbor.Fact we have not told anyone to pour water in pots and only two flats are there in each floor

3- One day without our knowledge they took one pot somewhere ,after coming from office when I saw pot is not there then I had called secretary and security both then secretary was saying maintanace person was cleaning so took down ,fact I searched all the compound and premise before calling him and after that I have check the place where the pot was there its full of mus and dust I took the picture of that place and mailed him and not not to go blindly on maintenance person but he didn’t react on this

4-one they came in flat and was doing some fixig in utility that person said to me to clean the window glasses who is he to tell me to clean my house things if its comes under maintanace area then they have to clean .

5- Today 27-03-2015 my child was playing in play area ,maintenance person was fixing wickets ,my son said “excuse me uncle please fix fast “ he reacted and start pulling his hand hardly and pintched him badly that person blamed on my son used idiot word for “ secretary “ .secretary was near by he asked to my child he replied to him NO he didn’t said anything like this .

Mattter was over ,My son came back to home and complain about maintenance person .

(Note: Before complaining and putting question mark on anyone I asked many times and many ways with my son and all the other kids who were playing together with my son .)

Two three kids said he didn’t say anything but something was saying that time they didn’t hear what exactly but he was shouting Praveen uncle leave me after that .Only one kid said who was near to both of them that my son didn’t use any word for anyone

Next : I went to secretary and complained about him ,He start saying this is your personal and go to police .

(let me know what should I have to do on this ?how should I react on this ?how come it is personal ?

If it is in between resident than of course it is personal but if maintenance employee is doing mistake then who has to takecare ?

I called that person and ask him why did you pintched him , he start saying your son is very bad …….and etc

Now please give me answer if my son told something (here I’m just saying ) who has given him right to raise his hand on our kids ?And being a apartment secretary why he had not replied or said anything to him ,And he laso supporting him .does he given him right to raise hands on kids and misbehave ?

e) If our child do mistake ,is that maintenance person has a right to punish and misbehave with him/her)?

This is all by reading you all may feel silly but this all small thing is making me unhappy to stay in our flat .

Now please guide me How I can take action against them ,is the police complain is the solution .Or any other way I can teach them and stop them for future issues .

Is there body is there who will help the owners with association and maintanace person threating and

mischiff things .

Regards,

Ratna