Upgrad LLM

i need to form an apartment owners association


I need legal help in forming an association of apartment owners. But the main problem is builder who is residing illegally in the building without oc,cc documents and many responsibilities left unfinished. He causes problems in everything and influences other members too. Other members may have some financial commitment with the builder and seem to agree with him all the time?? How can I stop all this?? There are total 8flats and illegal penthouse of builder. 

Please give me inputs on my mail id; gayathri.jayamma@gmail.com

 
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Lawyer

Is it a cooperative society or resident's welfare association or apartment owners association, as the same are governed by different laws ??

Contact, consult and engage a local prudent lawyer for proper appreciation of facts/ documents, professional advise and necessary proceeding,

 
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Advocate

Are the other owners willing to 'associate'?

 
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Retired employee.

Mobilize and form a group of owners, collect such amounts and then contact an advocate for fighting for your genuine claims.  For unauthorized penthouse construction immediately make a complaint now to Corporation authorities as it is Vigilance awareness week.

 
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6 owners out of 9 have agreed to form a association but not registration as it's prome to be tax payable. They just want simple motorized form of association. 2 other units are other flat owners who stay out of Karnataka and have rented out their apartment. 1 unit is of builder who always tries to divide and rule.

 
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CEO

You have an option to approach Consumer Forum with your grievances. You can also take recourse to RERA for your complaints. Local Municipal authorities will help solve any illegal constructions.

 
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The main thing that's lacking here is unity. Most of the flat owners are scared even to talk to the builder. It's almost 3years now, only now we got the b khata . We don't have oc,cc and other required documents. Can we still apply to the consumer forum since its already 3 years now??

 
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CEO

According to the RERA rules, the builder is required to form either a co-operative society or an apartment owners association and hand over the possession of the building/apartments within four months of the completion of the construction and obtaining the OC from the municipal authorities. It is illegal for the builder to give possession of the residential premises without obtaining OC.

You can form an apartment owners' association with 6 out of total 9 owners' consent, however it has to be registered for it to have any legal validity.

Important matter is to have OC for the construction, without OC the construction itself is illegal. You have to approach the local Municipal authorities for OC and to approach RERA if the builder does not comply with the DC rules.

 
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Is it possible to get the Oc now?? If so please let me know the procedure. We asked local authorities and they say b khata is sufficient as most of buildings in Bangalore are illegally built and doesn't have oc,cc etc. Under which act should we register our apartment owners association legally??

 
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ha21@rediffmail.com Mumbai : 9820174108

1. Association CANNOT be registered IF minimum 10 members have not participated in forming the Association.

2. An unregistered Association is "illegal & unauthorized" !!!!

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

 
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