Manish Singh 29 December 2023

Apartment building getting in worse condition.

Hello Team,

I've concern about a 14 year old apartment building with 96 flats, where society was not created by the builder and due to low maintenance the building gets into worst condition which degrades the cost of the apartment lower than the purchase cost. Also, from 96 flats hardly 10 to 12 flats are only occupied right now and rest of the flats are empty, where owners residing somewhere else but they owns the apartment and no one is coming together for any solution.

So, in this situation I want to know what are my rights as an apartment owner, what property law says if the building poor condition leads to unoccupiable and also if it gets collapse. Is there any Law which cover the apartment cost to the owner or what is the best option in this scenario for an individual?

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T. Kalaiselvan, Advocate (Advocate) 29 December 2023

You can initiate to form an association by gathering the owners who are residing within the complex and give notice to the other members of the complex.

procedure to form an apartment owners assocaition in India:

Step-1: Serve Notice upon the Builder for Formation of AOA & Competent Authority.
Step-2: Call General Body Meeting i.e. meeting of all apartment owners.
Step-3: In GBM pass resolutions to form AOA and elect office Bearers.
Step-4: Register AOA with the Registrar of Societies.
You can also form a RWA.
RWAs look after the interests and welfare of the society of its members, including solving disputes, providing valuable services, etc. While Apartment Owners Association primarily handles property management and maintenance issues.