• Can 2 block from separate associations

Dear sir,

As I already consulted KAANOON for maintenance fees. Is it according to sqft or flat?.

So I got the response that it's on usage basis so we planned to fix meters for water and stp until then we will go with same rate for all apartments.

It is our new apt complex we have 2 blocks : A block and B block. One or two owners are misleading the owners from B block and didn't not let them to pay during July quarter. They paid at the end of the month.

After one year association shared expenditures and reminded months notice that their term is finishing.

According previous expenditures, it 3k per month for maintenance and old association said if all owners pay 3k then they will help in for Oct month. But B block paid only 2.5k for Oct and all the members of association resigned.

3 owners from each block formed a committee to decide the maintenance fees. The owner who started all these issues not concluding on maintenance and ignoring Election committee and announced for election nominations. Nominations are given from B block only because A block is not accepting this behavior.

IF B block have their association, can we form our A block association and both associations will contribute for common amenities like party hall, swimming pool,gym,etc.

Regards,
Asked 4 years ago in Constitutional Law

3 answers received in 1 hour.

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6 Answers

For formation of separate association for each block you need to obtain permission from

Registrar of society of your state

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

The answers to your all the problems lies with the competent authority which is the Development Authority of the area or you can approach to the registrar of the societies in this regard to get the direction an absorption of the casting.

In case any existing society is working now this was it have all the right to stop the maintenance and disconnect the maintenance or electricity of the units who are in default of the payment of maintenance also you can charge interest on late payments in case it is provided in your bye laws otherwise you have to amend your bye laws in this regard to penalized the residents who are defaulter in payment of maintenance charges.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Dear Sir

Presently you can adjust. Slowly try to merge both associations into one to avoid future complications.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

There can be one elected committee for 2 blocks

The election woukd be illegal as 2 associations have not been formed by members with the prior consent of registrar

Complain to registrar against said illegal elections

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Technically, the rule says that there should be one RWA per housing society

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

If this is election only for the block A only then you can go ahead for the election as a separate society but while sharing the services between both the blocks it can be inked out buy an agreement between both the societies to use the facilities an equitable agreed grounds.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

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