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Vakud Vakud (SocialComplainces)     18 October 2011

Apartmentdues

Background:

Buying a old flat from existing owner who had not paid/participated in Association's (unregistered) maintenance activiteis or born his share of expenses. All common ameneties are bound by equal 1/21 share rights to all 21 owners.

SInce the association is unregistered (not a society but loosely formed group of existing owners/tenants/occupants who indulge in maintenance activities, fair share based common ameneties usage discretions, expenses sharing, am I liable to listen to their notice of dues of the existing owner who has not paid for many years and if so am I liable to pay equal share of the same amount that others have paid totally so far or can I claim non usage of amenites and legally avoid it?

Tks



Learning

 2 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     18 October 2011

dear Vakharia

as per your query

when the socity is not registered then no bye law applicable upon you. socialy you can pay 

Vakud Vakud (SocialComplainces)     18 October 2011

Tks sir...(Socially paying apart)..The common ameneties are all owned commonly by 21 owners including for this flat and not exclusive owned by new/old owner- Water tank for Groundwater / Drinkng water tank, its two seprate motors, Lift, Stairscase, parking space.

SO legally, when the flat is bought, the common share of ameneties also is in so many ways 'bought' by me / rights transferred to the new owner.

So again legally, irrespective of the Association of these owners is yet to be registered, being common owner as the flat is built upon common 'undivided' land and the flat bought is only the flat perse with out these ameneties - which, interalia, are needed for the purpose of the flat ownership and being sustained by these other owners in absence of the old owner who never visited them/answerd to their regd post, while in their bye law, minutes, even though unregistered, it exist of the proof of expenses, other owners paying in regulary..even others who have left the falt vacant for years to months - but still paying.

It is from this legal angle that I need clarity - does the common undivided land and the building ameneties, for years maintained by other flat owners/tenants/ocucpants....bind the old owner from bearing the cost....if still not, then usign that non binding angle, can the new owner be restricted to be use those - common gate, lift, stairs, water lines, tank, motor, etc?

 

Tks again.


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