• Can I form an association to fight builder for basic rights

Hello All,

I have recently purchased a property at Hyderabad and the builder has violated the statutory norms of open space, parking ownership and other major areas where there is no relaxation. Builder wisely put in clauses claiming that these rights on basic rights are waived off .

There is no OC yet and people have started living .

In this scenario can we form an association registered under societies act supported by atleast 250 Owners ( Out of 745 Flats) to represent the owners as a single body in multiple forums to fight for justice and what we rightfully own?	

It this allowed ? What are the consequences ?
Asked 4 years ago in Property Law
Religion: Hindu

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10 Answers

1) builder is bound to provide open spaces , allot car parking slots as per sanctioned plans

2) if builder fails to do file complaint against builder before consumer forum and seek orders to direct builder to allot car parking slots , obtain OC , to form society of the flat owners etc

3) members can form cooperative housing society if builder fails to do so

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

You are at liberty to form association to represent the flat owners

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Hello,

Yes it is valid. However you can file a consumer protection case against the builder.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

You can form and ad-hoc society under the society registration act  if list of the flat owners are not interested or available. If all the flat owners are ready to form society you can do so. You should approach the society Registrar for holding of election for the constitution of adhoc society under the society registration act. Election is mandatory therefore you should contact the society registrar. 

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

If the constructions have been completed and the builder handed over possession to the members, they can very well demand the builder to form an association failing which these people can organise together to form an association and demand the builder to handover the premises including the common area and the master plan and also to provide the left out amenities at the earliest and to obtain OC from the competent authority.

The apartment owners in India can voluntarily form an Apartment Owners Association for the maintenance of the apartment and its amenities. The association may or may not be registered. The registered association can enjoy all the legal benefits.

The registered association can sue or defend any legal action against the association on behalf of the association.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

If this project has come under the RERA  then you should make a complaint before the chairman against such kind of unauthorised work being done by the Builder. If the rera act is not applicable on this project then you can approach the consumer forum under section 12 of the consumer protection act for preventing the Builder to carry on such kind of unauthorised work.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Also this association is only to represent the owners as a single body in various forums and not to maintain the society.

That cannot come under apartment owners association.

It can be a private society which may not have a legal validity to fight for its rights directly, they may have to depend on the registered association for all the reliefs and can go ahead only when the registered association fails to address their grievances.

There is nothing wrong in forming such separate associations which is confined to that group of mnembers alone.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Our intention in forming association is not to take over the maintenance of community/society from the builder but to represent owners group who are on same page in various govt forums and court raising funds .

Your intention is to raise voice for the group of members who have formed this association agaisnt the grievances that have been meted out to them and to fetch them the desired remedy by a single body representing all their grievances before the concerned authority.

A registered body may be more effective while handling such sensitive issues to fight out legally.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Yes you can form an association for the same and register it for benefits of society at large.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

Dear Client,

OC and CC are mandatory for forming societies, but in many cities, cooperative department has waived the need of OC CC for forming society.

One such city is Mumbai.

Check if same been relaxed in Telangana.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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