I am part of an unregistered association of an Apartment. Builder gave possession in March. Builder has not collected any advance maintenance/corpus, he did maintenance for few initial month they he handed it over to resident in June 2015 with a third party vendor. From then we made a informal association of 10-15 members who will help vendor in collection and follow up for issues. We have asked all the occupants unoccupied/occupied to pay maintenance. Most of them has paid but there are few who hold their registration for longer period like April 2016. Now they are telling us that they will pay maintenance from registration. We are already in process to register association, can we take legal action against such residents who register very late?
when they enjoyed the services they have to pay for it and they cant enjoy at the cost of others. Unregd organisation cant proceed legally against such persons only regd organisation can take action legally. Call for general body meeting and discuss about the issue and try to sort out the issue amicably.
In which State are you? Under which Act of the State do you propose to register? What pre-registration process do you propose to follow? Some States have specific laws which make all flat owners mandatorily become members of the Society/Association. In the absence of such a law you must device a process which will make it incumbent on all to become members. Without registration you have no authority to collect funds.
Please understand that, as your association is not registered, the technical ownership rests with the builder. In your case everything will depend upon the terninology of the registered documents between the builder and the purchasers.
There must be some documentation basing on which the Flats were given possession to the parties pending registration etc. . Once possesssion is given and the occupants have enjoyed the facilities & services, they are bound to reimburse the cost for the pre- registration period . As indicated by oneof the Experts above some of the states have formed separate laws as Apartment Ownership Act and related matters, if there is one in place in your state, then prior to taking move you have to refer to the same to find out whether upon taking occupation/ possession of a flat , the party automatically become a member of the housing society and becomes liable to abide by rules & decisions?
In order that the vendor has authority to collect amounts from the flat owners/residents there must be written understanding between the vendor and the body of members. There must a registered association with office bearers to sign any contract with the vendor. Until such association is registered neither the so called office bearers nor the vendor will have the authority to collect any amount from any member. Also it is not desirable to have an outside vendor to undertake maintenance.