When villas are built and eventually occupied, a few questions do the rounds within the new community. There are always common issues to be coordinated with the builder regarding teething troubles, maintenance, handover and several such issues. Normally, a group of owners comes together to coordinate on behalf of the community.
Though the forming of an Association or Society is voluntary in nature generally, there is a difference in so far as ownership of apartments is concerned. The difference is primarily due to the inevitable need of a body or committee to oversee the maintenance, upkeep and proper usage of common amenities and facilities which are provided for the benefit of all the apartment owners/occupants.
1. The existing owners/members can talk over it and with the assistance and guidance of an advocate form an association as per law.
2. You should be happy that at least the builder had courtesy to return the maintenance amount without any deduction for any reason.
3. If you think that it is an illegal act of the builder to return the amount by not forming the society, then issue a legal notice, this will attract unnecessary litigation which may stretch for years depriving your peace, hence take a wise decision.
4. First of all you obtain the master approval plan and ascertain the plan obtained for which purpose and whether the act of the builder is legal or not, if not, the yo may give a complaint to the competent authority about this illegal activity and obtain a stay order to stay his intended development.
5. You issue a legal notice demanding all the facilities from the builder and drag him to consumer forum for compensation for deficiency in service.