• I am the owner of a flat but not a member of Association

I am the owner of the flat but not a member of Association, as they have went ahead and formed association with out my consent @ Karnataka Societies Registration act 1960 . So if I just pay for common electricity and water bill will they be able to sue me. If yes how ? Because i am not a member of association nor i have signed @ Karnataka Societies Registration act 1960. so on what basis they can file a case on a non member of association ?

Only reason i did not agree for the association formation is that one of the owner/Builder has locked a room which belongs to all owners, which is mentioned in the sale deed and Joint development agreement between landowner (My mother) and builder of the apartment. The Builder has locked the room for his own use for which I have already filed a case in Bangalore civil court on owner/builder in 2013.

So my question is how can a non member of association sued under Karnataka societies act and how can they take any action on non member of association. And in my sale deed there is noting mentioned about the maintenance,
Asked 10 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
Hi, it is the duty of the apartment owner to maintain the common areas and share the common expenses.

2. As per law you have to pay the maintenance charges to the  association otherwise they will file a suit for recovery of money.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
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 Section 5 relates to mode of forming a Society, a Society could be formed by any 7 or more persons above the age of 18 years associated by any persons specified in Section 3, subscribing their names to the Memorandum of Association. The forming of an Association is contractual matters between the parties who formed association.

2)  Section 15 of the Karnataka Societies Registration Act, provides that every Society registered under this Act may sue or be sued in the name of the President, Chairman, or Principal Secretary or the Trustees as shall be determined by the Rules and Regulations of the Society. Section 15 clearly enables a registered Society to determine by Rules and Regulations in whose name the Society may sue or be sued

3) since you are not member of the association maintenance bills cannot be raised upon you by the association 
Ajay Sethi
Advocate, Mumbai
23339 Answers
1220 Consultations
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Association cannot sue you because you are not member and membership cannot be impliedly presume merely paying electricity bill. 

Paying such bill does renders any right or title so you cannot be sued by association. 
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0
If you do not pay maintenance charges for the common areas you can be sued for recovery thereof, to which you cannot in defence plead exemption on the ground that you are not a member of association. If the builder had locked a common room the remedy was to file a lawsuit for injunction in the civil court, which you have adopted, but this does not make you exempt from maintenance charges. If nothing except water and electricity bill is to be paid then there is nothing you can be sued for.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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You must remember that the association is a body and not an individual.  An Apartment Owners Association (AOA) is an authority that protects the rights of the apartment owners, maintains the amenities in the apartment and works for the welfare of the residents of the apartments by conducting events or awareness programs. Therefore, you will commonly find Apartment Owners Associations (AOA) performing tasks like ensuring running water supply, providing power back-up facilities, preventing disputes between the apartment residents and having cultural activities and fests to foster good relations with neighbors. Under the said circumstance it becomes mandatory to all the members in the apartments' premise to become members and pay the maintenance charges for the expenses towards maintenance of common space and common utilities. 


Only reason i did not agree for the association formation is that one of the owner/Builder has locked a room which belongs to all owners, which is mentioned in the sale deed and Joint development agreement between landowner (My mother) and builder of the apartment.
This is an issue between you and the builder whereas what is the association now formed by the flat owners do with this and since you have already stated that there is a case going on it, you should not choose this method to boycott from becoming a member of the association, this is against your own interest.


So my question is how can a non member of association sued under Karnataka societies act and how can they take any action on non member of association. And in my sale deed there is noting mentioned about the maintenance,
You cannot be sued but the association may disconnect the amenities provided to you since this is being maintained on a common fund collected from all the members.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
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