I am the President of an Apartment condominium in Pune, Maharashtra. We had passed a resolution that the members selling thier flats have to take an NOC from the office before selling and pay a transfer fee of Rs 25000/. While the apartment premises were being painted after 10 years, a member went ahead and sold his flat 1) without getting an NOC or paying the transfer fee of Rs 25000/ and 2) without paying the member's share of expenses towards painting to the tune of Rs 25000/. The new buyer who is applying for membership has also refused to pay any transfer fee nor is ready to pay the painting expenses as it is already completed before he applied for membership. Now the questions are 1) Who is responsible for paying the transfer fee and the painting expenses? 2) What recourse is available for recovering the arrears? Is the arrears deemed to be against a member or a flat? 3) Can I refuse to admit the buyer into the condominium as there have been unpaid arrears against the flat? 4) The new buyer has brought about 6 persons as tenants without any approval/ police verification and started occupying the flat. Is condominium's permission not needed before renting out to people and using it for family residential purposes? Can I object?
