Residential assocation & office bearers as individual sued
Thirumalai Dasan K
(Querist) 20 October 2015
This query is : Resolved
Hi Experts
I am one among the 680 odd customer bought a flat in KGSC Phase I, consists 720 dwelling units, in Adayalampattu, Mogappair, Chennai 600 095.
The project got delayed and some like minded owners formed an association called KGSC Owners Welfare Association 10-9-2013 and got registered (437 / 2013 dated 3-10-2013). Because of the office bearers are held with their personal commitments, the activity was slowed down, as for as the discussion with the builder to expedite the pending works.
One more association formed in Apr 2015 and registered as KGSC Residential Social Welfare Association (165 / 2015)
As per the builder agreement, all the owners are members by default and the will form an association and introduce. We learnt the builder has registered an association called KGSC Owners Maintenance Association but no communication received till Aug 2015 by mail in the project status update, but not explicitly. First flat was given possession in June 2014. Till date nu AGM conducted as for as we know.
The owners, as a group meld meeting with the builder to impress upon them to expedite the pending works and rectify lacunas. Then KGSC RSWA held discussion with the builder for about 6 months on the project status and also protested with the builder against any violations like marking car parking in OSR area etc., and minutes of meetings circulated. The builder also sent out so many communications regarding status.
Resolutions passed by KGSC OWA and KGSC RSWA to merger and likely to be completed soon.
Even the builder asked us take charge one block begin with and KGSC RSWA advised the builder to complete the pending works before handing over.
KGSC RSWA conducted AGM on 13-9-2015 and minutes circulated including to the builder.
One of the points that the handing over to be done only with audit by a charted engineer to ensure free from any violations.
Even online support polling was conducted and more than 120 owners supported KGSC RSWA and for charted engineers audit.
Later KGSC RSWA found the car parking marking is not in line with norms and requested the builder to share any approved car parking drawing. Earlier KGSC RSWA demanded UDS Calculation, completion of club house and other amenities given in spec sheet. Failing to comply with all those, KGSC RSWA sent out a lawyer notice on 30-9-2015 to respond by 30-10-2015.
Now 8 office bearers of KGSC RSWA, KGSC RSWA and one more owner were served notice with OS Number, asking us to appear in person or thro’ counsel on 30-10-2015.
Only through this notice that we came to know the secretary. But still we don’t have any idea about the other office bearers.
But the secretary himself is a power of attorney to the builder and non resident owner. The bylaws say only a resident owner can become President and Secretary. Another clause says, signatory of MOA are the first office bearers. We have asked for MOA but still we have not received.
What are all the legal options available to us?
Thanks
Thirumalai Dasan K
P. Venu
(Expert) 21 October 2015
What is the legal status of these associations? Are they registered under Societies Registration Act or any similar Act?
Thirumalai Dasan K
(Querist) 21 October 2015
Yes sir
All three associations got mention here are registered
