1) you cannot have 2 owner association
2) ask managing committee basis of which Rs 1,00,000 is being demanded . Any resolution passed in AGM regarding recovery of Rs 1 lakh from flat owners
Can we form one more owners association in to same flat/building
We have 40 no's of flat and some 30 owners.The building was completed in a very different scenario. Got the completion certificate in 2019.. But none of the owners are living in the flat. Even the committee members are living out side my state or out side India.Only one member is looking after the building as per the direction received from other committee member. Recently I bought the flat and start residing in the flat. With lot of difficulties I got connected to the committee member. And even paid the maintenance fee of Rs 32,500/-P.A. Now they are asking me to pay Rs.1,00,000/- towards membership/Sinking Fund. Then only I will qualify for the association member. They are even not ready to include in the group of owners in the whatsapp. Where as; nothing really maintained in the building. Only after I cam to the flat with lot of pressure they introduced night security & waste management system.Even I called police two times in a month to control the illegal activities which is happening in some of the flat. Now my question is; 1. Can I along with other local owners who actively involve in a day today affairs of the building & form a separate Owners association and register. 2. Am I liable to pay thier demand of Rs.1,00,000/-.Since nothing was told to me by the buyer nor anywhere displayed in any notice board of flat.
Asked 3 years ago in Property Law
Religion: Hindu
8 Answers
I really don't know. Their claim is; since my previous owner (happens to be the land owner of the flat which was constructed on a JV basis.) has not paid Rs.1,00,000/- now I should pay.But it was not displayed anywhere in the flat nor discussed.
Asked 3 years ago
Have they recovered the said amount from other flat owners ?
any resolution passed for recovery from all flat owners ?
- It seems there is no any association under Karnataka Apartment Owners Act, 1972. The association if at all registered is registered under Societies Act. In such case there can be any number of associations with minimum numbers of 10 members.
- There cannot be such dues pending. Had there been such pending due it should have been made known to your prior to coming in to flat. Ask them to issue a notice detailing under what heads the due is pending. You will ger correct picture.
For forming an association minimum seven members are required.
If the existing association is a registered body then you may not be able get your new association registered in the same place.
a registered association has the rights to sue or defend any legal action as well as enjoy legal benefits.
Arbitration is a technique for resolution of disputes among members of the association or residents in the apartment. There may be internal matters in the apartment that need to be resolved or the apartment owners association may have disputes which may require legal intervention
If you are aggrieved by the decisions or functioning of the existing association you can very well raise this issue in the next meeting or call for an extra ordinary meeting and discuss the aggrieved issues keeping them as agenda for the meeting, get a resolution passed.
If the functioning of the association is not satisfactory or if the association funds are misappropriated or there is no election etc., you may give a complaint to the registrar of the cooperative societies and seek its intervention while seeking relief and remedy for the problems you face.\
The formalization of new association will not solve the problems.
Tomorrow another group may form another association and so on without any end for such issues.
It becomes the duty of all the owners to pay the corpus or sink fund to the association at the rate fixed
If you are the purchaser then it becomes your duty to pay the same.
If you have purchased the property you need to pay the same and recover it from earlier owner. You can also object to it of nothing was communicated to you till date by society
Dear Client,
The conventional method of profit-sharing between JV firms is based on ratio of investment. However, as the firms make different contributions to the project, the rationality of such a profit-sharing method is often doubtful and thus is difficult to maintain a stable cooperative relationship for a JV team.A joint venture agreement should outline the project or object of the joint venture, the contributions (financial and operational) and obligations of each member, the duration of the joint venture, the management of the joint venture, and the distribution of any revenues or expenses of the joint venture.A joint venture is considered a “partnership” for tax purposes. Accordingly, the Joint Venture would pay no tax on its income, but pass that income on to its members, Company and the Partnership. Company, a “C” corporation, would have to pay corporate income tax on its thirty-percent share of the venture's profits.Joint ventures can pose significant risks relating to liabilities and the potential for conflicts and disputes between partners. Problems are likely to arise if the objectives of the venture are unclear.The communication between partners is not great.
Thanks & Regards
- As per law, society association is a voluntary organization set up from among the elected members of a housing society and is re-elected every year, or after a set period decided by the general body of the association through a voice vote.
- Further, since a society is a legal body, registered under the Societies Registration Act, 1860, hence one can sue against its function, if not performing well.
- Further as per rule of the Societies Registration Act, any society registered under this act may sue or be sued in the name of the president, chairman or the principal secretary or trustees, as determined by the rules and regulations of the society and, if no such posts have been established, then in the name of the person appointed by the governing body of the RWA for the occasion.
- Further, the Registrar of Societies is bound to take action against the errant association on a legitimate complaint.
- However, Legally you cannot formed a new association in the same residential township, where there is already another registered one exists.
- But, you can file a complaint to the Registrar of Societies after narrating your concern against the existed Association , if it is not performing well for the inhabitant who is residing there.
- Further, a RWA/housing society can be dissolved also, if the society fails to meet its objectives, involvement in illegal acts, inadequate number of members, ceasing of functioning over a period of time, contravention of law, or irreconcilable dysfunction.
- It can be dissolved by a) its members b) the Registrar c) the Court .
