Atma Prakash Tiwari 23 February 2021

Complaint against flat association

Dear Group Members,

I have a own flat in a gated community. Over the past 2-3 years it was unoccupied. I could not pay the maintenance for these years and ended up getting accumulated to Rs.45000.

I decided to rent it out to tenants. Now the flat association is not allowing me take possession of the flat till ALL DUES are cleared. I have negotiated a lot with them but they insist for full amount in one go.

I don't have that much money to pay not can I get tenants till the flat is my posession.

Can you please advise.

Regards

Prakash

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6 Replies

Kishor Mehta (CEO) 24 February 2021

The association may not permit you to rent out the flat till the legal dues are paid but it can not stop you from entering and residing in your flat, that constitutes a criminal offence. You can approach the police authorities for help.

hifyeropsa 24 February 2021

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P. Venu (Advocate) 24 February 2021

Yes, the association cannot take law into their hands. They need to follow the due process of law.

Atma Prakash Tiwari 24 February 2021

Great Sir,

Thanks for the help. If I straight away walk to the police and want to file a police complaint, what would be the charges. I mean under what section it is a criminal offense.

Regards

G.L.N. Prasad (Retired employee.) 01 March 2021

The simple course of action is first to issue a letter stating that they can collect dues out of tenant's rights and authorizing them to collect such rents. Next course is contacting a local advocate and issuing a legal notice seeking such legally valid bylaws that give them such powers.