Ownership and usage of amenities
We bought a flat in 2019 and all the amenities that are promised by the builder are mentioned in the sale deed. Except squasscourt which was promised by builder and later built by him after much pressure from owners. That’s a part of the clubhouse. As per the price list given, we have paid clubhouse charges of 25k also as part of our property value( no tenure or validity of this amount is mentioned in sale deed.) there was no mention of additional monthly subscription charges both in our sale agreement and sale deed. The sale deed mentions the super built up area is inclusive of all the common usage areas and any common area built on this land( borders and other details of this are plot are mentioned in the deed)He is refusing to finish the pending works in amenities and now demanding for subscription charges to use them when finished.The association committee is been charging maintenance for the maintenance of all these amenities since the first occupancy as there is not been any mention of these subscription charges before. What can we do to preserve our ownership and rights of usage now?
The landlord who owns 50% of the flats is the committee president and is dependent on the builder for the sale of his share. As he has 50% of the votes, with the help of builder share votes the builder became the Vice President of the committee in jan 2020 and started using association funds to fining the amenities that were part our sale. He has used about or more than 4 lakhs as of now for which the association has not taken the consent of all the owners. The builder did tiny favours to few owners and they are backed him in his misuse of association funds.
Few of us owners demanded for his step down from committee last month in an emergency AGM. He along with his parter stepped down the committee agreeing to refund the money that he has used( landlord is still the president) one of the owners attended this meeting though zoom of one of the attendees phone and recorded this entire episode. But the MOM of committee completely omitted the mention of this. After repeated emails from us, the committee now says the that builder has put a clause that he will rip of all that he has built with that money then only he will refund. He is supposed to finish these amenities 3 years ago as part of his promised amenities and property cost.
The committee is even refusing to press the builder for the refund of all that money that’s spent on these amenities all these years. Reason being some favours done by the builder to them.
Now, few of us are planning to stop paying maintenance until this is settled. Is it advisable?
How can we make sure that we step out this this enjoy the property that we have paid for? What action can we take on committee for their co operation to builder in his misuse of association funds? The committee has even handed over the keys of all the amenities and clubhouse to the buoy without our consent while still charging maintenance .