Regarding the transfer of owners association
I have few questions requesting your clarification :
The Builder has constructed 75 villas in project 1, out of which he had handed over 58 villas, however the remaining house construction is also about 90% completed. The project 2 having 108 villas is still under construction and hand over is in progress. Some of common amenities are same for both phase 1/2 like club house , swimming pool, play area etc. During this stage builder has sent a email stating that he has withdrawn the maintenance of phase 1 since he was unable to collect the maintenance amount from owners, the owners has to collect and do the maintenance. Inspite owners repeated mails he has not handed over the project 1 as per the accepted process. The project 1 was supposed to completed in 2008, till 2014 he has not handed to the Association.
Based on builder email we are forced start the maintenance by forming an ad hoc committee, opening if bank account. We have also collected exigency fund of Rs. 10000/ from more than 30 owners.
Request for legal clarification :
1. Can we form an association in the same name which is being run by the builder for collection of maintenance money from phase 2 owners.... say XYZ owners association without obtaining NOC Or proper hand over letter from builder.
2. Whether he can claim any right on this owners association of phase 1 owners to demand money, since it was not handed over.
3. Can the owners raise the demand for not handed over houses in phase 1.
4. Though he has promised in email that he will pay the short fall money of maintenance amount directly to the Association, however he has not made any such payment till now in spite of demand. What rights we have legally.