I’m owning an independent plot and house constructed in it since 2003 at layout in Bangalore. I have my own bbmp Khatha and property comes under BBMP judiciary. A group of plot owners formed a plot owners association in 2006 and transferred common play area from builder to association name. There were too many irregularities and corruption practices in the association which forced me to exit from this association in 2019. I sent a formal letter to this association that I’m no longer member of this association and I’m not getting any service from this association (including garbage collection which I directly rely on bbmp). Despite that the association running team threatened me to pay maintenance charge and refuse to release me from association membership. There is no formal procedure to induct membership in this association rather it claims all plot owners must be members of this association. I seek injunction from Bangalore civil court stating I don’t receive any service from this association and I can’t be member of this association anymore. However my IA was rejected by court and I have been asked to go for mediation. Will I get relief if I approach Karnataka high court? What legal option I have at this moment provided I don’t receive any service from this association and civil court rejected my IA1 to keep gates open (as per bbmp notice gated community is not legal in Bangalore) and association/its agents harassing me by asking money - ia2?
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It's not known that what are the grounds that you filed the IA, however if your advocate opines that it's a fit case for preferring revision before high court, you can try your luck.
The association cannot force you to remain in the association if you are unwilling to continue the membership.
You can file a suit for mandatory injunction against the association to restrain them from indulging in any illegal activity against you for whatever reason.
You can file complaint in the apartment association sib registrar office of your area. And provide the evidence of association members how they are running the association.
You should go in for mediation
if you are aggrieved by trial court order file appeal in HC
yes you need to go in appeal to HC
