• Disadvantage of not forming Owner's association in taking action against Builder

I reside in Hyderabad and come under Telangana Property Acts. I purchased a flat in Hyderabad and this is a 134 flat apartment where there are about 30 flats still owned by land owners (owners of the land before development started). The land owners (called Party1 henceforth) had some oral arrangements over conveniences from builder (henceforth Party2) like premium parkings, no corpus fund etc... The individual buyers of flats from builder (about 65 flats) and from some of the land owners (about 40 flats) [henceforth called Party3] along with Party1 went through an election process properly recorded and conducted to form an Owner's welfare association. However Party1 was against the registration of the elected body during the election process which Party3 wanted, saying that the builder/Party2 will handover the maintenance without fulfilling their orally agreed demands. We in Party3 which is the majority clearly, want to pursue various issues with the builder like not providing drinking water connection etc... and we think that forming an association will be more lawful and authoritative. However we(Party3) are trying to convince Party1 for more than a month but the issue is still getting delayed. I do not see a reason in not registering the elected body as Owner's association unless it somehow provides a legal cover for the builder/Party2 to not fulfill his duties or advantage for Party1. There is a conspiracy theory that Party1 might be acting deliberately to favour the builder and give him legal safe zone so that they can further their clandestine agreements in other related real estate projects done by the builder. Kindly throw some light on the need of registering the apartment. It has been an year since the Occupation Certificate is issued and residents staying in the apartment.
Asked 7 years ago in Property Law
Religion: Hindu

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2 Answers

Once flats are sold by builder based on JDA he should form cooperative housing society ofvall flat owners execute conveyance deed in favour of flat owners

2) if builder is not forming society or condonium of all flat owners flat owners should form society and force builder to execute conveyance in favour of society of the land

3) call extraordinarily general meeting and have duly elected MC of all flat owners

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hello,

Please tell me if the association has been registered or not?

If the same has not been registered then few members can approach the court for the same.

Definitely forming an association and filing a case against the builder/ association for deficient services will be beneficial.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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