Negligence attitude from associatio.

As you are an unregistered association, you can proceed as follows:

1. All members on your side should agree. You call a meeting of all members on your side. Your notice should contain the following  agenda:  (1) Formation of the association and adoption of a name and a memorandum of association (2) Election/co-option of a provisional committee with Chairman, Secretary, Treasurer and others. (3) Subscripttion from members to meet the initial expenses of formation and registration of the association and also maintenance until final registration (4) Opening of a bank account. You find out from the manager of the bank where you want to open account the requirements for opening account in the name of the Association. If the requirements cannot be met immediately,  you open a joint account in the names of the provisional committee members.

2. After you have decided as above the provisional Chairman or Secretary should write to the other group regarding your decision and invite objections if any. If the Chairman and/or Secretary of the existing unregistered association is/are from the other group you can write to him/her. Or you may have to write to all members individually and invite them for a joint meeting of members from both the buildings. If members from the other building give unreasonable or arbitrary reasons you can ignore them. One main question would be bifurcation of common assets. You said that water tanks are on top of your building. You will have to amicably solve this problem. There may be other common assets also.

3. When a reasonable situation is reached you proceed to register your Association. In my opinion registration under the Karnataka Ownership Flats Act would be the best. You may appoint a competent lawyer or an experienced person from one of the existing registered associations in Bengaluru as your consultant. 

Dear Ramani sir,

Thank you for providing very systematic steps & approach.

The problem is happening at step(2) in the sequence - where the other block people are unwilling to come forward for discussions and they say they do not want another seperate association by us.

This is where the dead-lock is happening. Can a legal notice/.approach help in this case?

Thanks

Seenu

You can proceed with legal or other steps only after you complete the first step successfully. If not everything under the first step, at least formation of the provisional association and election/co-option of the provisional committee should be done. After that you write a formal letter to the other building under step 2. If your letter meets with silence or negative response come here again.

The advise and suggestions rendered by Dr. Ramani appears to be more suitable to your issue which may be followed.  This is among  the  options which are legally tenable.

Dear Ramani sir, I appreciate and thank you for all comments and steps.

Yes we are yet to complete step 2 and may come back if we see any hurdles during this.

Thanks

Seenu

Dear experts,

How correct it is that committee members disconnect water for the whole building?

Giving a reason that some members have not paid maintenance for last 2 months..

Those people have not paid due to the reason that the committee is not publishing the expenses sheet to all. This appears a valid reason too.

Is it not the violation of 'right to life' by disconnecting essential services like water?

Can an FIR be filed for this?

-Seenu

Water supply cannot be cut even for apparently genuine reasons. It is even more so as your association is not registered. The remedy is simple but a bit expensive. You only have to get a lawyer, go to the civil court and get an injunction against the so called office bearers (I say "so called" because your association is not registered) by name to restore water supply. As water supply is an essential service, balance of convenience considerations require that water supply is first restored before the hearings start.

The unregistered association cannot collect funds from the members to fight the case. They will have to dig into their own pockets.

The association will physically cease to exist.

FIR also can be filed. But, as you know, the police in this country always try to escape responsibility. Under some excuse they will not file unless pressure is brought from upstairs.

The unregistered association has got no legal validity and their action of disconnecting the water supply or any other basic amenities will be considered as an illegal act and a criminal offence.  Since the association president or  secretary do not belong to any recognised body or an organisation, it can be construed as an act of individual hence a criminal complaint can be lodged with the local police against the atrocious acts of the erring individuals, at the same time you can file an injunction against the government water authority for restoration of water supply as well as not to indulge in any such activity in the future in the absence of any recognised mandate for the purpose.  As properly advised above, you may consult a local lawyer and proceed legally against them for reliefs.

Dear Dr.Ramani & Kalaiselvan,

Thank you both for your inputs and guidance in this matter.

-Seenu