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Shaik Maqbul   09 June 2024

To form appartment owners association

Dear sirs,

I am owner of the land and got it constructed and appartment with 20 flats by a builder by giving him 12 flats and 8 flats of share . I am in possession of my flats of share. The maintainance  of it is done by builder on shared basis of ₹1000/-.pee month for the last five years. The builder appointed watchman and is kept in servant room. Meanwhile he has sold out of 10 flats  and I sold one flat. I was requesting to form owners association  and body be formed  to look after maintainance  and  funds generated . But he is reluctant to do it . And he is resisting and controlling the buyers not to form association. Now he is troubling me through  the watchman by disobeying me and  resisting  even my movements .

I seek your guidence in following:

1) how to vacate the watchman .

2) how to get formed the owners association in this context.

3) The seven flats which I got shared by myself and my three children with their families.

I am 75 years old and want to safeguard guard interest and their future

I earnestly request you  to give your guidence in this regard.

Thanking you

( Shaik maqbul)



 2 Replies

Dr. J C Vashista (Advocate )     10 June 2024

Get togather maximum flat owners, call a meeting and decide to form association (as per law)through a local prudent lawyer.

Builder cannot stop forming association, even if he obstructs seek a permanent and mandatory injunction against him.

T. Kalaiselvan, Advocate (Advocate)     10 June 2024

1. The watchman is builder appointed employee, you cannot take action against him directly, you can take action against the builder directly for the grievances caused by him 

2. You can gather the owners at least seven of them and convene a meeting with agenda to form an association.

3. You with your own family members can form the association with support of one or two from outside.

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