Apartment association - misconduct.

In the given circumstances, it would be best to file a Consumer Court complaint, under the Consumer Protection Act, and claim damages and compensation, for the Negligency and Deficiency, in providing Lift services.

Also think of filing private criminal complaint against the Secretary and Watchman, for criminal intidimation and so on ....

Keep Smiling .... Hemant Agarwal
https://hemantagarwal21.blogspot.in/?view=sidebar

Thanks Mr.Hemanth;

I understand private criminal complaint as non-cognizable report. Am I right?

-Sreeni

Sorry for the confusion.  Read corrected sentence as follows:

Also think of filing private criminal complaint, WITH THE LOCAL MAGISTRATES COURT,  against the Secretary and Watchman, for criminal intidimation and so on ....

Keep Smiling .... Hemant Agarwal
https://hemantagarwal21.blogspot.in/?view=sidebar

It is not possible to give any opinion or advice without the following information:

1.In which State is the Association situated? (The laws of the State have to be applied)

2. Is the Association registered? If so under which Act is it registered and who is the registering authority?

Dear Ramani sir;

This comes under karnataka.

The association is NOT registered.

-Sreenivas

If the Association is not registered it is illegal. They cannot collect any funds or make any rules. Though unregistered has the Association got any bye-laws or constitution? Are the office bearers elected?

There are two types of Associations. In one case membership is voluntary and payments are also voluntary. Such an Association can work even without registration. If they register, it will be under the Societies Registration Act and registration is done with the Charity Commissioner of the State. There is a Central Act and each State has also their own acts. Registration is generally done under the State and the Sections in the act can be different from State to State.

A building's association is not a voluntary association. Membership will be compulsory for all the residents. Payments decided by the General Body also will be compulsory. As such associations cannot be registered under the Society's registration Act. Hence they add the word "Welfare" in the name of the Association. Still the office bearers cannot collect the dues compulsorily. But once the members start paying, the payments become a precedent.

Maharashtra has a tradition of residential building complexes. Hence there are various acts available for formation and registration of Associations. Co-operative Housing Societies are the most common. There are comprehensive laws governing the working of the Societies. There is also a Maharashtra Ownership Flats Act. Then there are condominiums. Sometimes the flats associations are registered with the Registrar of Assurances. Such associations will be governed under the Civil laws.

Tamilnadu has an Ownership Flats Act, 1997. The Act contains bye-laws also. Associations registered under the act have to hold elections to the Managing Committee, which is conferred with necessary powers.

I do not know whether Karnataka has any such Act. 

As your Association is not registered, civil or criminal action can be taken only against individuals by name.

Dear Dr.Ramani,

Yes, association has bye-laws - which do not mention of right of association to discontinue of services (such as life been switched off from 11 pm to 8 AM).

More over it is against law to cause disruption to the services such as lift (which are life saving during emergencies to reach hospitals etc) whether

association is registered or not.

-Sreenivas

Do the bye-laws say anything about any Managing Committee, the number of members in it, how they are elected, what is the term (number of years) of an elected Managing Committee and so many other things?

How and when did the bye-laws came into existence? Was it placed before the General Body and adopted?

Any Association where membership is compulsory and not voluntary, cannot function without registration. Only registration will give powers to the Office Bearers to exercise the powers under the bye-laws and levy dues from members. 

Your building may have power supply to the common areas for lights etc. In whose name is the power connection? Are you paying your Municipal taxes directly to the Municipality or through the Association.

Whatever is done in the name of the Association may be illegal. But whatever it is, you can get your rights only by going to Police. courts etc. Just because law is on your side, things will not automatically work in your favor.

In which city or village is your Association?

Have you checked whether there are any laws governing the working of such Associations in Karnataka? You can browse the internet and find out.

I have attached an article on Karnataka Apartment Ownership Associations

Sir,

Thank you for the attachmet related to legal aspects with in karnataka apartment's context.

-Sreenivas

Hello,

There is a a similar situation where the owners are divided into 2 groups - one one group doesnt pay maintenance at all putting all burden on the other group, for many reasons (like dispute on byelaws). No amount of explanation or convincing is working. Association is not registered. Of course going to Court  is feasible but it will take a lot of time and due to the non-cooperation of one group of people, the other group is burdened to keep the services running as they have old parents and tenants living in the building.

Is there a mediation route where some third party (like Police or other) can resolve the dispute?

Even if they agree and register the association and start paying, if there is another dispute in the future, that group can again resort to non-payment of maintenance to literally blackmail and get their demands met. That group owners live there itself and are ready to put up a never ending fight, to loose services and let the senior citizens/tenants suffer (so that their owners budge and agree to the demands). What are the legal solutions available in such case? As it is a small apartment, lift/dg/motor etc. are all single and can not be bifurcated to separate the maintenance of these 2 groups of flats.

thanksRaj

This is in Karnataka Whitefield.

In the absence of registration the so called office bearers are just individuals and pretenders. They have no authority to do anything. So long as things go smoothly everything will be OK. Otherwise it will be anarchy. There will be no one on whom you can file a complaint.