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PARTHASARATHY (RETIRED)     28 April 2012

Apartment association

I am owning one of the 33 flats in Bangalore.Our Owner's association is not registered and they are not having any By-Laws and running by the Managemnt commitee formed about 10 years back with their own rules as and when needed.I am paying the maintenance charge and they are not notiying the monthly expenses.They are accounting for their personal benifit like travaling/mobile charges etc. which are not for the welfare of the associaiton.Kindly how to over come as no one listen to me even though they are not follwing the natural law of Justice.



Learning

 11 Replies

Sankaranarayanan (Advocate)     28 April 2012

send the petition to seek the details to the secretary of the commitee ,

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     29 April 2012

Conducting an unregistered association is illegal. You can make a criminal complaint against the so called office-bearers. They cannot take any action if you do not pay. You can send notice to them saying that you will not pay until they register the association.

Ngaraj N Nyamati (Advocate)     02 May 2012

Apartment aassociation can be registered and unregistered also. If it is registered rules and regulations are binding. You have to go thro rules and byelaws of apartment association. If your apartment association is not registered and if you are not not happy/ not satisfied with the expenditure you can very well stop giving maintenance. Apartment association is registered or not, monthly income and expenditure has to bemade compuslorily and put on the notice board of association. If nothing iscarried you can stoppaying  maintance.

Nagaraj N Nyamati advocate.

narendra.s.p (Chief Manager(Law))     13 July 2012

Make the developer liable under the Karnataka Ownership Flats (Regulation of Promotion of Construction, Sale, Management and Transfer) Act, 1972. He should arrange for forming society/association and to submit the apartments to the provisions of the Karnataka Apartment Ownership Act, 1972,

 

SRISHAILA.DHARANI (Advocate&consultant)     15 July 2012

Pls stop payment of maintenece charges to the association.Issue a notice to them to publicise the in the notice board, to furnish the details of the matainanace charges.Try to gather the opinions / support from other owners of the flats, regarding this.

srishaila,advocate,banaglore,9741425514,sdharani120@gmail.com/srishaila_2006@yahoo.co.in

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     15 July 2012

Again I say, notwithstanding other opinions expressed here, that an unregistered Apartment Owners Association is illegal.

There was a case Chennai. An apartment owner in a building refused to pay his dues. The so called "Managing Committee" passed a resolution to cut his water supply and also executed the resolution. The aggrieved member went to court. The court said that as the Association was not registered it cannot be sued as a judicial entity. The court further said that if the person who actually closed the water supply or on whose order the water supply was closed could be identified, action could be taken against him. As the member did not or could not identify the person, the court sent notice and then order to each and every member in the building individually to restore the water supply. As the Managing Committee members were also among them, one of them restored the water supply.

In the case of an Apartment Owner's Association, if it is not registered, even criminal action can be taken against them. An Apartment Owners' Association is different from other type of Associations registered with the Charity Commissioner. In the case of most other Associations, membership is voluntary. It is not so in the case of an Apartment Association.

In fact if the Association is not registered, the liability of individual members acting as officials will not be limited.

PARTHASARATHY (RETIRED)     15 July 2012

Thanks for your input.I would like to know that instead of registered association, the Registered BYe Laws are sufficient?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     15 July 2012

The byelaws are to be registered with the Charity Commissioner under the Societies Registration Act. A Co-operative Society will have to register with the Registrar of Co-operative Societies. Such registration allows easy redressal of grievances. An aggrieved member can in the first instance make a complaint to the Charity Commissioner or the Registrar of Co-operative Societies. It is not possible to register the byelaws only with the above two officials.

Do you mean registering with the Registrar of Assurances? The Registrar of Assurances has no machinery for redressal of grievances. Of course a member can go to court. But in India as everyone knows, getting justice from the court is an uphill task. In Maharashtra the Government Housing bodies form Associations on their own after the flats are ready for occupation and are occupied and register with the Registrar of Assurances. But in most cases the first managing committee act like dictators. They do not hold periodic elections even. Members do not have a place where they can make a simple complaint. In India, law is in a mess. Laws are poorly drafted and passed by the Assembly or Parliament and people have to suffer.

PARTHASARATHY (RETIRED)     16 July 2012

Very valueable input that too from professional Engineer.

Shefali (service)     05 December 2013

Association has to follow government made bye-laws or association can make their own bye-laws and enforce on other owners?

For instance in our society in bangalore which is very newly formed committee is charging same maintainence for flats of area differing by 100sq. ft.

Committee's say is that 100 sq. ft is less difference and maintainence will differ by Rs. 100/- only(where now the flats with less area(less by 100 sq. ft) will pay rs. 100 more) and so better keep it common.

Is this legal and valid act of committee?

manoj shah   27 February 2016

Sir,

I am chairman of a society and my society is registered with district registrar. I want best for my society but some bad peoples always try to disturb and brake our society rules. No any idea is working properly in favor of society members. What should I do. Kindly suggest. My mail ID is manojshah1979@gmail.com


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