ritz (Engineer) 21 July 2012

Issue with resident's association

I reside in an apartment in Bangalore within a residential complex which has around 400 apartments; the owners have formed an association which is registered with the Registrar of Societies, Govt. of Karnataka. The office bearers of the association are elected by the block representatives (one for each block of apartments) and the residents pay maintenance fees to the association for the upkeep of common areas and facilities.

I own an open parking slot in the apartment premises as do most other residents in the apartments. A problem started recently when one of the coconut trees planted in the gardens adjoining the parking slot bent obliquely on the parking slot; dry coconut leaves and other matter started falling directly on my car causing dents and other damages. I got it repaired after making insurance claim and informed the president of the association via email of the situation requesting him to find a solution. He said that he will look into the matter but no action was taken in this regard. My car suffered further damages again when dry leaves started falling again causing dents. My repeated verbal requests to have the tree removed/ pruned were ignored again.

I feel that being a resident who pays the maintenance fees due to the association well on time, I can demand the tree be removed as a permanent solution. The association utterly disregards my suggestion nor does it provide any solution for my problem. I also feel that it is my imperative to claim for the damages caused the second time due to the deficiency in the services provided by the association to me as a resident.

I want to seek the following clarification from the people in this forum:

1. Whether the stand I have taken legally valid and enforceable?

2. Does this case needs to be taken up from a regular court or shall I approach consumer forum?

3. Who is to be held liable for the damages caused to my car, the association or the office bearers?

4. If the office bearers change and new office bearers get elected, who should be held responsible?

5. In case I send a legal notice through my lawyer, the association my send it back without accepting the registered post, how to deal with this situation?

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3 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 22 July 2012

As your Association is registered, it will have approved byelaws. Have you gone through the byelaws to find out whether there is any answer to your question in it? If so first you must act according to the byelaws. If you do not get redressal you should act based on other means.

In Mumbai city there is a municipal law which says that permission of the Municipality should be obtained before cutting any tree. This means that apart from the Office Bearers, one will have to take care of the concerned Municipal staff also. I hope there is no such law where you stay.

As yours is a Registered Society, the Society will be responsible and not individual members. In Maharashtra there is a law that any Association registered under the Societies Registration Act, should also compulsorily register under the Public Trust Act. If there is such a law in Karnataka also, it will be easier to Act against the trustees.

The Association Office bearers may be giving voluntary service. In other words they collect from you only the expenses actually incurred by the Association on your behalf. Any service obtained free is excluded from the purview of the Consumer Protection Act. But Maharashtra State Consumer Commission has held that a Co-operative Housing Society is a service provider under the Act. Based on the same principle, the consumer forum may entertain your complaint. You have to try.

Whatever course of action you may follow, the tree may not wait until you get it cut by your Association. So you can act as follows.

1. First find out whether there is any Tuglakian law in Karnataka or the place where you stay, prohibiting the cutting of trees.

2. If there is no such law send registered AD notice to the Association asking them to cut the tree within a stipulated time, as it is posing a danger to you, your family and your car. Also state that if they do not act, the Association will be responsible for any injury or damage that may happen t to you, your family and your vehicle.

3. If there is an authority as stated under 1. above, write to them also a similar letter.

4. If you do not get any positive response, you write again saying that in view of the emergent situation you are yourself arranging to cut and remove the tree.

5. You get the tree cut and removed. Keep with you proof of all payments made and income, if any received. Claim from the Association the net amount. There may be sale value for the trunk of the tree and coconuts, if any. That is why I stated income. You need not uproot and remove the stub as there will be no danger from that to you.

After doing all that as stated above, if there is any further problem regarding the matter, come again to the Forum.

Wish you good luck.

Anoop K (Marketing Mgr) 24 July 2012

Hi.... I agree with most of what Dr. Ramani says, however, some points as below:

1. Your case would be valid as there has been damage caused to you / your property. This should be a Civil Case

2. This case will not come under the consumer court as maintenenace is not a service / commodity that you are praying for. Hence, this will account for a civil litigation between you and your Apartment Association.

3. The Association is responsible for the damages caused to your car. Never mind if the office bearers change. Besides, since yours is a registered assoiation, it is bound to be accountable for it.

4. Address the letter to the President, NAme of the association. They cannot be sending it back, as the acknowledgement should have the seal of the association. Make sure it is sent by registered post and not courier service!

Firstly, make sure you have a complaint filed in the jurisdicting police station against the association.

Chowdhary Meraj (Accountant) 10 January 2015

I reside in an apartment in Mumbai within a residential complex with 2 Wings namely A-B which has 140 FLATS Altogether; the owners have formed a Society under Society act which is registered with the Registrar of Societies, Govt. of Maharashtra,Mumbai Long back around 30 Years. The Secretary of the Society are elected by the Wing representatives (one for each Wing of apartments) and the residents pay maintenance fees to the Society for the up keep of common areas and facilities.

I owe an open parking slot in the apartment premises as do most other residents in the apartments. A problem started recently when one of the coconut trees planted in the gardens adjoining the parking slot bent obliquely on the parking slot; dry coconut leaves and other matter started falling directly on my car causing dents and other damages. to my new Car. I got it repaired without making any claim and informed the Secretary of our Wing for the situation also requested him to find a solution. He said that he will look into the matter but no action was taken in this regard. My car suffered further damages again when dry leaves started falling again causing dents. My repeated verbal requests to have the tree removed/ pruned were ignored again & again. It is also danger for small kids as it is also an entrance for garden premise where childrens play.

I feel that being a resident who pays the maintenance fees due to the Society well on time, I can demand the Coconut & Trunks of trees / trees which keep on falling should be removed as a permanent solution.

The Society utterly disregards my suggestion nor does it provide any solution for my problem. I also feel that it is my imperative to claim for the damages caused various time due to the deficiency in the services provided by the Society to me as a resident.

Further I am being asked as I have the issue & Problem so I have to take measure & provision to cut the Coconut from the Trees.

Whereas as all around the Compound Wall there are several trees & a Temporary Net have been placed above the Car parking for the others in Which the Member of the working Society is indulge. As a similar provision when I ask for the same they neglect.

I would request from the people in this forum:

Please guide me in order to make the Society to take strict action for redressal of my grievance.

either I may initiate against the Society accordingly at the earliest for making impartiality as providing

Special Net shed for working committee members.

Please Guide.

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