Our Apartment builder has failed to provide proper provision for draining the Kitchen, bathroom and balconies waste. They expect the flat owners to use a motor to flush the waste which gets collected in a pit and they have put some pipes which connects to a sewer (this pipes goes from someone else land). Every time when we raise this in our association meeting the builder says that the BWSSB has to provide sewer connection and they have nothing to do with this and expects us continue to do this stupid thing and bear the costs in maintaining the motor, pipes, plumber charges etc.
My questions are:
What action can we take against the Builders if they are suppose to get the connection?
Should the association bear the cost like repairing motor, pipes, paying the plumber etc?
I appreciate your suggestions on this.
Asked 4 years ago in Civil Law
Thank you all for your guidance.
1) We had our meeting with the builder yesterday evening. He told us the there is no BWSSB connection provided as the BBMP needs to lay the road and pipes. Once they provide the infrastructure then the connection for BWSSb will be applied and he told us that the association need to apply and pay for the connection. It was our lack of knowledge & ignorance which resulted in agreeing to form the association without the builder completing their work.
I checked my Agreement of construction and sale, which says that post handover to the owner, the maintenance chargers for BWSSB and sewage pipe maintenance must be handled by the Association but there is no mention of charges for getting the connection must be borne by the Owners. Going by this we can refuse to pay the connection charges, right?
2) When I questioned about the association bye-laws they gave me a copy of " Deed of Declaration" and said it is the Association bye-law. The first association was formed last year April and even they did not bother to ask the builder for the document. So this deed has a signature of a lawyer, builders and a sub-register stamp and two witness who are not even from our Apartment. It does not have any details on the previous elected members of the association and no consent of the Owners on the bye-laws. I was told not to share the copy with other owners and also Association can not change the bye-laws as they are from KARNATAKA APARTMENT OWNERSHIP ACT. As per the sale agreement it said by Mar 2015 they must handover with proper functioning of the apartment and they left all small jobs and not willing to commit on completion as well. The current association does not get good support from the owners (28) to take any action on the Builder, they show pity. Only three owners are providing their support. We want to desolve our association and hand over to the builder until all facilities are provided.Please suggest what can we do?
Asked 4 years ago