• Apartment association

Before registering the association, association taking decisions like maintenance without informing the owners, thinking that they are helping. They are not transparent in taking decisions. 
1. They created a association committee members group email Id and whenever they communicate they use the group name, but not like secretary or president or vice-president. So we don't know who sent that email. As far I know any organization should have hierarchy and we can complain in case of member/committee members discipline. Is it right?
2. Everyone will get a chance to take association in-charge one day or other. Since the first association is not transparent, it will be an example for coming associations to follow. Whenever I ask about transparency, 2-3 committee members they are sending funny funny gif files, Emojis and cracking jokes about it to deviate from the main topic. If they repeat the same next time , how can I escalate it?

Thanks,
Asked 7 years ago in Property Law
Religion: Hindu

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9 Answers

1. Well, the majority flat owners may form an body and take majority decisison.

2.However to do this they require formal approval in writing of majority flat owners.

3. here both these vital criteria are missing.

4.So you can very well refuse to listed to its dictates and take your one decisison.

5. SImilarly you can ask other flat owners to ignore such demands till a formal association is formed after a proper election.

Devajyoti Barman
Advocate, Kolkata
23201 Answers
511 Consultations

1) meeting of all residents have to be called wherein decisions taken regarding maintenance to be recovered from each member

2) resolution has to be passed circulated to all flat owners

3) refuse to pay maintenance charged unless meeting of all members called and resolution passed

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

First of all, if this isn't a registered Society/RWA, these people are not authorized to handle/control the affairs of the society. Their operation/control over the flat buyers is without any jurisdiction.

Boycott this association and demand that a formal RWA be constituted, which is duly registered.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

If the formal registration of the RWA has not been done and these people are just acting on their own then there is no occasion for you to abide by their orders.

Ask them to first register the association and then pass the resolutions for recovery as per the law, consult a local lawyer and ask him to stream line the process.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

if your name has been malinged by committee members you cna issue notice to said members to with draw false and defamatory statements made against you

2) if they refuse file complaint of criminal defamation under section 500 of IPC

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

Yes, any statement of theirs which has the effect of hurting your image and lowering your reputation, is defamatory.

Send a legal notice through an Advocate seeking damages for defamation. If that doesn't yields any results, file a suit for defamation.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Yes you can certainly send a notice not just for defamation but also for criminal intimidation.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

What is your complaint about and what do you call transparency.

If you want to know the rules o or bylaws of the association of the association you can very well demand the same or can place a demand in the next meeting of the association.

You can take up this issue in the agenda of the meeting and get the issue resolved.

If you are aggrieved over the slabs of maintenance amount charged or any other issue in this regard you can very well record your objection in the meting where you can get solutions for this.

If you want to make changes in the group email, you can ask the association to do it accordingly for the reasons that you may justify.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

If you find anyone teasing you or insulting you or defaming you personally becasue of your questions to them, you may issue them a legal notice and if you dont get a satisfactory reply then you may pursue with further legal action as per law.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

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