• Can apartment association stop our pending interior work?

I’ve recently purchased a flat. Due to lockdown our interior work got suspended. There are total 10 flats whose works are pending. Now the apartment association is not letting our work start and also they are demanding 5000Rs non refundable, Per each pending flat for buying sanitation Material, though they are collecting sanitation charges in maintenance. As we are paying rent and emi it is a huge financial burden for us. 
Is it acceptable and legally correct for the association to stop our work and collect extra charges??
Asked 1 month ago in Property Law
Religion: Hindu

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17 Answers

you might have to go through their byelaws and see if the Association itself while registering consciously has put the clause to levy charges or extra charges. 

Mohammed Mujeeb
Advocate, Hyderabad
16593 Answers
11 Consultations

4.5 on 5.0

No it is not legally sound. You should take all precautions and sanitation is necessary so either they should quote a reasonable amount or you should do it under their supervision.

Rahul Mishra
Advocate, Lucknow
9088 Answers
16 Consultations

5.0 on 5.0

It's illegal you can complaint to dy registrar and dispute the charges. You don't have to pay the same. You can also file complaint in consumer court for deficiency of service

Prashant Nayak
Advocate, Mumbai
19774 Answers
36 Consultations

4.4 on 5.0

Association can collect deposit from members doing interior work which can be adjusted if any damage is caused to society property during renovation 

 

2) non refundable deposit for buying sanitation material cannot be charged from flat owners doing renovations as society is charging sanitation charges in maintenance 

 

3) pay amount under protest 

Ajay Sethi
Advocate, Mumbai
75972 Answers
4544 Consultations

5.0 on 5.0

Dear Concerned,

 

No - apartment can not stop the work / of a specific unit as the labour work has been allowed by the GOI in the new guide lines, Further if sanitation charges are levid in maintenance no additional charge can be asked for, however if the entire society is paying for it then you should also pay.. You may choose to send a legal notice for such illegal demand , however as it is  matter of 5000 rs it is suggested to pay the money and get your work started, as you would spend more money in litigation  vis-a vis paying them the these  amounts. 

 

Best of Luck  

 

Atulay Nehra
Advocate, Noida
1247 Answers
53 Consultations

4.7 on 5.0

1. During the current COVID-19 scenario and in the overall interest of Safety & Health and to avoid risk to other members, Association /Society can impose certain restrictions, as it deems fit, in the overall interest of the Association /Society residents.

2. HOWEVER, Association /Society CANNOT impose extra charges in guise of "sanitation material" only on selected few people, which is grossly illegal. Any & All charges must be approved via a resolution in a duly called General Body meeting and is applicable to all the Owners in EQUAL proportions.

Hemant Agarwal
Advocate, Mumbai
4712 Answers
23 Consultations

5.0 on 5.0

1. This is extortion by the association.

2. They cannot stop work. This is tantamount to violation of fundamental right to life under Article 21.

3. File a police complaint seeking protection to ensure that interior work is not blocked by the association, and if police does not come to your rescue then file a Writ Petition in the High Court seeking protection.

Ashish Davessar
Advocate, Jaipur
29554 Answers
850 Consultations

5.0 on 5.0

No, it is not legal to collect these charges from you.

Send them a legal notice for the same and than file complaint to the registrar cooperative Societies 

Rahul Jatain
Advocate, Rohtak
3392 Answers
4 Consultations

4.9 on 5.0

1. See association can take a refundable security deposit so that in case of damage during furniture work may be adjusted from same though they cannot ask non refundable amount.for buying sanitation material as it is collected in common maintenance.

Complaint before registrar of society for such arbitrary decision of association.

Shubham Jhajharia
Advocate, Ahmedabad
24964 Answers
99 Consultations

5.0 on 5.0

Dear Sir,

Their act is illegal and wish to enrich itself on the given background of situations. You remedies as follows which are exhaustive in itself.

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The following information are exhaustive in nature

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https://www.icrpc.org/icrpc.org.contact.htm

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How To Register a Complaint Against Housing Society

Living in a housing society is akin to being in a committed relationship, except it gets murkier when things go awry as they sometimes do. We’ve all been in catch 22 situations where if a problem persists, we are damned if we try to solve it and damned if we don’t. After all, it is better to resolve a conflict or dispute peacefully in a way that is acceptable to both parties. If however, the society has been functioning to the detriment of its members, causing unbearable inconvenience, they have the power to right the wrong. Luckily, there are laws that guard you against real and present danger (and even inconvenience) posed to you by incompetent, ruthless or negligent committee members. This post covers the different problems that may arise for members in a housing society and various ways for redressal.

Complaints that can be raised in General Body Meeting:

  • Issues related to maintenance of the property
  • Not displaying society’s name board
  • Not allowing members access to common spaces
  • Charging excessive fines, maintenance, other dues
  • Failure to insure the property

How to submit a complaint to the Managing Committee?

The member should submit a written complaint explaining the dispute/complaint in full detail to any office-bearer of the society.

In the next committee (after the complaint is received), the Managing Committee reviews the complaint, takes a decision and communicates it to the member within 15 days.

If the members do not receive any communication from the Committee within 15 days, they can approach any competent authorities for redressal of their complaints. A copy of the original complaint letter should also be attached to the escalation complaint.

In cases that are not so cut and dried and require extensive study of legal loopholes and workarounds, members should think about hiring an experienced lawyer (preferably specialising in real estate laws) who can bear the load and present a winning case. As such, housing societies have their own legal advisor/consultant or lawyer who does a good enough job of defending it if trouble befalls. Members who want to present a solid case with all legal intricacies and technicalities covered in a complex situation, should be better off with legal counsel.

Below is a classification of complaints and the competent authority for members to approach.

Administrative and financial mismanagement complaints and disputes that fall under the purview of the Registrar:-

  • Non-issuance of share certificates
  • Refusal of membership
  • Exorbitant premium demand
  • Refusal to produce account books and registers for inspection/ tampering or destruction of records
  • Incomplete or falsified maintenance records
  • Failure to prepare audit reports/ audit rectification reports/ annual reports
  • Corruption and misappropriation of funds
  • Investing funds without prior approval of members
  • Inappropriate/false non-occupancy charges
  • Failure to conduct election on time
  • Appointing defaulting members on committee
  • Rejection of nomination
  • Failure to conduct annual, special or general body meetings wilfully
  • Failure to file returns, statements or mismanagement of bank records/documents

Disputes pertaining to repair, construction and amenities should be appealed to Co-operative Court/Municipal Corporation or Local Authority:-

  • Major and minor repairs, leakages
  • Parking issues, disputes with allotment of residence
  • Managing Committee resolutions
  • Disputes with election of managing committee (except nomination refusal)
  • High construction cost, disputes with appointment of architect or redeveloper
  • Water supply issues and high maintenance/recovery

If you are facing harassment from the committee members, including but not limited to rude/impolite behavior on a consistent basis, verbal or physical threats or assaults, you must immediately approach the local police station and file an FIR. After receiving a police NC (non-cognizable), you can approach the Civil Court for further redressal.

Complaint against Co-op Housing Society

 

To file a consumer complaint against a co-operative housing society send your complaint to the registrar of co-op housing society:

Registrar

Co-operative Housing Societies Federation Ltd.

Address of the office where your society is registered

City name

Complaint to Registrar is to be made on the matters of:

1) Registration of society on misrepresentation

2) Non occupancy charges

3) Non supply of copies of record and documents

4) Non maintenance or incomplete maintenance of records and books

5) Misappropriation of funds

6) Investment of funds without prior permission

7) Audit

8) Non conducting of election before expiry of the term of committee

9) Non calling of General Body Meeting

10) Resignation of committee

Complaint in Co-operative court is to be made on the matters of:

1) Repairs, internal repairs, leakages.

2) Parking

3) Escalation of construction cost

4) Unequal water supply

5) Excess recovery of dues from members

Complaint to Police is to be made on the matters of:

1) Nuisance carried out by unauthorized use of flat / shop / parking space / open space by member or builder.

2) Threatening / assault by or to the member of society

3) Creating noise after prescribed deadline hour in the evening

Complaint to General Body is to be made on the matters of:

1) Non maintenance of property by managing committee

2) Levy of excess fine

3) Not allowing authenticated use of the available open space of the society by managing committee

Please Note: If your grievance is not redressed, you can contact the Commissioner of the Co-operative Housing Societies Federation Ltd,. located in your State.

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Kishan Dutt Kalaskar
Advocate, Bangalore
5504 Answers
187 Consultations

4.8 on 5.0

Dear Querist

if they demand the charges for sanitization of your flat then it is ok otherwise, they cannot demand those charges. 

Nadeem Qureshi
Advocate, New Delhi
5719 Answers
266 Consultations

4.9 on 5.0

1. If there is no Government restrictions to carry out such interior works in your state then the association can not restrain you from carrying out the same.

2. Now if due to their resistance the interior works can not be finished thereby you are not in a position to start residing in the flat then you can refuse to pay the maintenance charge as well rent

3. So unless there is government restrictions you are free to carry out such works in restraint of which you seek police intervention or file suit .

Devajyoti Barman
Advocate, Kolkata
20290 Answers
287 Consultations

5.0 on 5.0

Avoid the association and start work. If any obstruction create, complain to police. 5k will pay by every flat owner or no one.

Yogendra Singh Rajawat
Advocate, Jaipur
19451 Answers
25 Consultations

4.5 on 5.0

- As per rule , the Society cannot charge or demand money / donation in the name of extra activities like buying sanitation material from their members/residents, and also cannot implement such Resolution in its meetings , and further put burden of contributing any money on all the members including the members who are not interested to participate, even though such Resolutions have been passed.

- Further , As per Bylaws the Society should use the Reserve fund for such type of expenses

- Hence , the managing committee has its limitations , and they cannot decide every rule, and further cannot stop the work and collect the extra charges.

You can lodge your written complaint with the Managing committee, and also before the Deputy Registrar of Co-operative Housing Society. 

Mohammed Shahzad
Advocate, Delhi
3427 Answers
39 Consultations

5.0 on 5.0

1. No it is legally not correct to collect extra charges for work which is already been paid under maintenance amount. 

2. You can make complaint against association for charging inappropriate amount by blackmailing to stop pending work. 

Mohit Kapoor
Advocate, Rohtak
8753 Answers
3 Consultations

5.0 on 5.0

The association is doing all such reported unjustified acts on its own. 

It would not have been authorized to do them  by a resolution passed by a resolution  through a general meeting. 

Hence you may revolt against the association and go ahead with your proposed renovation work,  if they trouble then you can take the help of police or approach court seeking an order of restraint against them for this. 

T Kalaiselvan
Advocate, Vellore
65940 Answers
861 Consultations

5.0 on 5.0

Dear Sir,

You are suggested to complain against the action of apartment association to the registrar of society. 

Ganesh Singh
Advocate, NEW DELHI
5009 Answers
9 Consultations

4.5 on 5.0

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