Residential association issue
Querist :
Anonymous
(Querist) 04 February 2021
This query is : Resolved
Dear Experts,
We have a very strange issue in our Apartment association in AP, which has 700++ flats.
Our flats are constructed by a govt. body, during those delays are happened by government and all allottee's formed an association to fight with the government to finish the project with the norms promised at the start of the project. It went well and finally , construction is done, flats are handed over. The association also worked with govt. body and convinced them to collect the corpus fund as well before registration.
Now, the Executive body which formed during that time is not conducting elections and keep on self nominating themselves for ever from past 5+ years. They dont even conduct GBM and generally took decisions by themselves , it is working as self autonomous body. They don't follow anything mentioned in their bye-laws.
Couple of owners went ahead and put a case on the current association one year back, while rest of the owners not aware of complete details of the court case.
Keeping Court case a reason , the current association is not keeping any election nor GBM quoting they cannot conduct elections due to the court case.
1) Is the current court case is really a hurdle for elections ? Case between few owners impact all other owners ?
2) Can the current association be a legal body to conduct elections ? Since there are no elections since its inception, will ROS accept it as a legal body or not ?
3) If the current association is a legal body, can a case between two petitioners and the current association will become a hurdle for the whole association? Development is stalled now, is there a way to push for an elections?
4) If the current association is not a legal body, can rest of the owners conduct elections ? If so, what is the procedure for conducting the elections now ?
Looking forward for proper advice.
kavksatyanarayana
(Expert) 04 February 2021
As of now some owners filed a case against the Association which was elected by the General Body members. As the case is pending in court, the present association cannot do anything. So the other owners who have not been filed can implead in the court case filed by some owners. And you can request the court through your own counsel for early disposal of the case.
Hemant Agarwal
(Expert) 05 February 2021
Coordinate with a local Civil Lawyer with all the relevant information and documents, for proper solutions.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Querist :
Anonymous
(Querist) 05 February 2021
Thank you , so this particular scenario comes under Civil law ?
Querist :
Anonymous
(Querist) 08 February 2021
Thank you Sir, one last query. Original association was formed for ensuring the flats are handed over properly and latter without any proper GBM they started owning the maintenance as well . Given the current situation, can others form a new association and conduct elections ?
K Rajasekharan
(Expert) 08 February 2021
An association formed for a purpose of facilitating speedy completion cannot function for a quite different purpose of common maintenance of the apartment complex.
Its functioning is not legally valid as it is not conducting elections / general body meeting regularly and filing annual statement of accounts which is essential for the functioning an association.
Somebody can take initiative and invite entire members of the complex and start a new association afresh for the maintenance purpose, as the law warrants. That should be an association of all parties and not the other members alone.
Some case is there in the court is not a sound reason for not conducting the election but there might be some prohibition orders from the court, or else they would be telling you a lie.
To know such details you have to collect the orders from the court by knowing the case number of the court case. An advocate or an advocate clerk can get the copies of the court order by paying proper fees.
But to get the copies of the other documents in the case file, you should give a vakalath to an advocate who in turn can implead in the case with court’s permission as you are a stakeholder to the case.
Dr J C Vashista
(Expert) 14 February 2021
Local laws apply to the query.
It is better to consult and engage a local prudent lawyer for proper analyses of facts/ documents, professional advise and necessary proceeding.
