Apartment owners association
apurva
(Querist) 03 January 2015
This query is : Resolved
I have a flat in the 4 storied apartment having 16 flats. Our builder made deed of declaration under section 17 of Gujarat Flat Ownership Act, 1973. In this declaration all the details of property is mentioned and it is also mentioned that association will be formed by the owners under the rules and regulation mentioned this declaration. All the flat owners will be compulsorily become a member of association.
Now, after 15 years of purchase of this property it required some major maintenance and all the owners do not agree for expense. We have not any association till now to handle such situation. So we are planning to form Apartment Owner Association but some flat owner do not agree to form a association and they deny and not cooperate. What we will do? How we make our legal association and fight against the such owners for keep our property in good condition.
Dr J C Vashista
(Expert) 04 January 2015
1. Once the builder has filed declaration before the Registrar of Socieities and Firms (as mandated) he (the builder) is out from the project.
2. Soon on filing the declaration, RWA is required to be formed and take over the charge/responsibility of maintenance of the premises (it is compulsory). Please recheck.
3. If there is no association till now, form it now, make membership of all (majority/most of them) owners of the flat, collect the money for repair/ renovation and arrange the premises in its proper habitable condition.
4. No outside authority/agency/person shall come and help you.
ajay sethi
(Expert) 04 January 2015
contact local lawyer well versed with provisions of guj flat ownership act
Rajendra K Goyal
(Expert) 04 January 2015
Consult local lawyer and discuss with him the procedure and strategy for formation of the association.
T. Kalaiselvan, Advocate
(Expert) 06 January 2015
Take the help of a local lawyer who is well versed with the laws pertaining to this issue, form an association, register it with the concerned authorities, go by the bye laws of the association regarding the members who are unwilling t participate or becoming a member of the association.
