• Apartment related disputes

Hello ,

I am staying in a small apartments where we have 8 flats, 2 in each floor. My self and other person was maintaining the apartment from last 6 years. But there are lot of issues created by other flat owners with out any proper reason. Till now there is no association formed and I believe that the other flat owners wont agree to register the association and co operate further. All the initial systems were broke down by all the flat owners one by one including me. In order stream line the apartment issues and to teach a lesson to all, I would request some one guide me properly
Asked 1 year ago in Civil Law from Hyderabad, Telangana
Hi sir/madam, you have to necessary to make association to solve the Issues. If it is done so, you can do one thing you have to give complaint jurisdictional police station and concerned authorities they will help it under the law.
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0
1) you should form a cooperative society of all the 8 flat owners . 

2) in case society is formed recovery of dues from defaulters is easier as you can follow the summary procedure 

3) you can recover interest at 21 %pa from the defaulters if they fail to make payment 

4) there can be proper management of the affairs of the society as managing committee would be elected by  all members  in AGM 
Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
There is nothing you can do. Let every member look after his flat on his own instead of making a joint poll. There are no legal rights which you can assert against them.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Hi, it is better you have to register the association as per the apartment act and thereafter you have to make resolutions for the things which need to be corrected if they fails to follow the rules you have to file a suit in the name of the Association.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hi, you have to register your apartment before the Concerned Register of Society.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) the builder/promoter is obligated to state the “precise nature of the organization to be constituted of the persons who have taken or are to take the flats or apartments”.

2) he builder/promoter is to register a document known as Deed of Declaration under registration act 1908.

3)The DoD will detail the extent of property, all the common areas, limited common areas and facilities, description of buildings and all apartments. It will also specify the percentage undivided ownership share for each apartment.  a copy of the by-laws of the association and a set of floor plans of the buildings are to be appended. It has to be certified by an architect that the plans are accurate as per what is approved by the local body and what has been built. 

4) if builder has failed to register deed of declaration and Conveyance  and  Deed of Apartment  move consumer forum against builder to do so 

Ajay Sethi
Advocate, Mumbai
23354 Answers
1222 Consultations
5.0 on 5.0
After the completion of construction and handing over the flats/apartments, it becomes the duty of the builder/promoter to maintenance services to the apartments for a period of at least two years within which the flat owners shall constitute an association following the prescribed procedures envisaged in law. 
As a matter of fact the builder shall have to register a document known as Deed of Declaration under registration act 1908. The Deed of Declaration shall contain the details about the extent of property, all common areas, limited common areas and facilities, description of building and all apartments. It will also specify the percentage undivided ownership share for each apartment. It has to be certified by an architect that the plans are accurate and has been built as per what is approval by the local body.

You may consult other flat owners and decide about forming association. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
(I) Need seven or more members who must be above 18 years.
(II) Memorandum of association with name and objects of association, details of members of governing body with name, address and occupation.
(III) By-laws (rules and regulations) of the association.
(IV) Fee for registration
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0

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