I own an apartment in a condominium subject to the Maharashtra Apartment Owners Act 1970.The Board of Managers is not functioning as per the bye-laws and in particular they have committed the following irregularities:- 1.Monies collected on account of sinking fund during FY2018-19 amounting to ₹528000/-has not been invested in FDs but frittered away on other expenditure. 2.Permitted the use of the only small common area by an individual member for private function in contravention of bye-laws. Please intimate what remedies are available to me and also what are the powers of the competent authority appointed under the Maharashtra Apartment Owners Act 1070 to intervene in the matter.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
1) You can ask all expenses details by way of application as a member under RTI act.
2) If they deny to produce details expenses of account. Take from them in writing.
3) Later on you can make complaint against them with REGISTRAR of Coop housing society and one copy to Secretary of Coop commissioner sahakar sankulan shivaji nagar and central bldg pune station.
You can file a complaint to dy registrar he is the competent authority under the apartments Act.
1. Lodge a complaint with the competent authority to dissolve the board and take over the management by an officer appointed by the competent authority.
2. If the Competent Authority which granted license to the society refuses to intervene then you will have ti file writ petition.
3. Before filing the writ petition send one final Demand justice notice.
If the irregularities are serious in nature i.e., misappropriation or embezzlement of funds then you may gather like minded people and ask the committee to call for a general or special meeting immediately and discuss the subject properly and arrive at a resolution to sort out the issue including fixing the responsibility.
You may even take up the matter with the association, if they do not respond then this may be reported to the registrar of cooperative societies for relief and remedy.
Raise issue in AGM
2) file police complaint against association office bearers for criminal breach of trust , cheating under section 40, 420 of IPC
3) complain to competent authority against office bearers
Complain to local Cooperative Registrar Office. Handover your complain. Society is also covered under RTI. So you have options.
Our Condominium comprises of three towers located on three sides of a hollow square.In the centre of the square there is a garden-cum-play area for small children.Residents gather here in the evenings and there is a lot of noise of loud conversation and shouting and screaming by children till 11-11.30 pm at night.Despite complaining to the board of managers that there should be no noise after 10 pm as it disturbs residents and elderly of lower floors who want to sleep,no action is being taken. Please intimate what remedy is available to me to stop this noise after 10 pm.
1)file suit seek court orders restraining use of garden area for playing after 10 pm at night
2) enclose copy of correspondence exchanged with BOM
Regarding of these irregularities please approach the Registrar of Societies by filing a complaint.
There has to be a time limit to everyone thing. You should submit a written complaint to the society that the noise is a public nusisance and does not allow you to sleep. Further you can lodge police complaint.
You can complaint to police and bmc. You can also file a criminal complaint in court
You can issue a legal notice to the association for not ensuring peaceful atmosphere and not controlling the nuisance creating members despite making a written representation, and can drag them to the consumer forum also for deficiency in service.
If the nuisance is intolerable then you may even lodge a criminal complaint against the members who are responsible for that with the local police.
The you will have to file a civil suit for declaration and injunction .
Dear Client
If board members of society is not functioning according to bylaws of the society then you can make complaint to competent authority under this act which can be registrar of society. Asking for the auditing of the society accounts to find out any irregularities in the expenses of society.
Regarding use of common are for private function every apartment owner have equal right on a common area of society and can use it for private function with prior permission of society.
