Though there remained around 400 units to be sold, the developer has no role to play in the association meeting because he is not a member.The bye laws will not permit an outsider to participate in the association meetings. The builder is an outsider and also he is bound to oblige the resolution taken at the meeting with regard to the unsold units of the apartment.
All agreements, decisions and determinations law-fully made by the Association of
Apartment Owners in accordance with the voting percentages established under this
Act, Declaration or bye-laws, shall be deemed to be binding on all apartment owners.
As per the sale agreement and sale deed conditions, the builder is supposed to form the association or housing society within four months of sale of 60 per cent of flats. The association is then to be handed over to the owners’ association. If the builder fails to form and register a society, the residents can form the association on their own.
Provisions are made in the by-laws of the association for collecting the maintenance charges. In the event of default by any member, the association has the right to deny facilities to the defaulter.