Registering apartment association without the consent owner

Any association formed?  have the bye law of your apartment association? Where in Chennai?

Membership of an association is voluntary.

Accordingly bye-law / rules framed by the Association in the form of MoA & AoA are applicable / acceptable to its members only.

1. IF the said Association is not Registered, THEN you can file a Police FIR, requesting investigation and charge-sheet, for various offences like Trespassing, Threatening, Cheating, Intimidation, Extortion, Fraud, Breach of Trust, Mischief etc.... against the person/s, supported with all relevant supporting Documents, Evidences & Witnesses.

2.  IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.

Keep Smiling .... Hemant Agarwal 
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HI Sankar,

They are mentioning it is formed. I am not aware of. They have not discussed anything with me in last 1 year in any form with regard to forming of association.i just received a message mentioning it is formed and 2 person claiming themselves as President(this person not living in this flat for last 3 years, 2 years lived in mumbai and now in Chennai at some other location) and Secretary(This person was not in India between 2015 to 2020 March, visit only for couple of weeks in a year, only son was there in the house),

Before responding i wanted to get come clarity on how to react. Hence i am seeking experts suggestion here.

In an apartment complex it is mandatory to form  Residents/ Flat owners welfare Association and Regd with the concerned Registrar, it is done by the Developer/Builder/Owner of the land and hand over to the flat owners.

After that the flat owners had to call for a General body meeting issuing written notice to all the flat owners at their flats only, least bothered wherever they resides. Then election process will starts as per agenda mentioned in the notice. No flat owner is residing outside the complex premises can hold any office bearer post. If it is Regd one lodge complaint against both of them with the concerned Registrar for taking appropriate action including misappropriation and misrepresentation. If it is not Regd Regd FIR.

Hi Dr. Vashista,

Thanks for your response.

When you say applicable only to its member means, those who had signed the Bye Law or association document. Please let me know will it not force me to accept whatever they do without my acceptance or involvement. Thanks

The facts posted has left many things unsaid. As could be understood, you together with another person have been the original apartment complex consisting of 8 units. Admittedly, many of them have been sold and occupied. If so. please post the material facts, such as - 

- No. of units sold

- No. of units unsold i.e, in the occupation of the original owners.

- How the unsold units, if any, are being utilised - are any of the original owners residing there?

- By your admission, there are some disputes what are the issues in dispute?

- Is the Association formed by some among the apartment owners registered? If so, under which law?

- Why some apartment owners have not joined the association?

- Any other relevant and material information.

- 

HI All, 

In continuation of my earlier query.

total unit - 8 in our Apartment

Few people had registered the association with 5 person. 3 individual owners and 2 (husband and wife , having only one flat). to show 5 owners to form the association and register.

My question is - in Tamil Nadu registration, 5 owners of the flat is need to form or 5 member is enough.

They themselves took the post. all 8 owners are not discussed and intentionally avoided others. President  and joint Secretary not residing in this flat. Secretary and Vice President are husband and wife within same family.

Question is : is this legally acceptable

They keep sending mails and WhatsApp messages , circulars stating Association is formed and all to participate in the meeting and pay the amount they mentioned in the circulars.

They have not even spoken to 2 of the flat owner those who are residing in the flat , intentionally avoiding , but claiming what they circulate to be accepted by us.

It is creating lot of mental torture daily, 

I am not a member in this association and 3 other as well (so far- but 2 attended the meeting they called for)

Thanks,

Nallasevu

In terms of the provisions of Tamil Nadu Apartment Owners Act, you are required to be member of the Association. What is the problem in being a member? Once a member, issues could be sorted within the Association and if need be, the issues could be taken up with the Competent Authority as provided under Section 3(k) of the Act.