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Vicky (Na)     11 July 2024

Need your advice on illegal practices of few of house owners in my apartment

We are in an apartment of 14 units in chennai. Currently out of 14 units, owners reside in 4 units. As far as we know, the association is not registered. For the past few years, in the name of volunteers, the common maitainence activities are carried out by 3 owners leaving the 1 owner(us) isolated. For instance, from fixing monthly maintenance charges to buying common util items like motor is arbitrary decided without discussing with us or any deliberation.Hence, we have decided not to set any precedence by paying anything additional(for the decisions made by this group)However, the said group is insisting us to pay pending money and have a threatening attitude. Not sure about the take of other non resident owners on this issue.

 

We have sent several commnitations about this practice by the said group to all apartment owners and to register the association and elect the office bearers,which will bring accountability and transparency. They seems to be least interested.

 

Need your advice on where it stands legally and what is the way forward.

 

Thanks



 2 Replies

T. Kalaiselvan, Advocate (Advocate)     11 July 2024

The unregistered association is not a legal entity hence they cannot enforce the demands legally.

In your case there is not even an association existing hence any demand or threats made by the society called volunteers is an illegal act.

You can take legal action against them for their illegal approach by first issuing a legal notice and then proceed as per procedures of law.

Ms. Reshma Arora (Publication in Law topics HRD TQM used at various Central and other Universities; previous empanelled as Management consultant Blogger Mentor)     14 January 2025

Unregistered Associations also have legal rights of Right to Integrity, Trustworthiness, Not being defrauded and Commitment that is applicable to all citizens and legal visitors.

 

Through an Advocate and Police, consider Instructions to allow for Decorum, Registering ( could be respected more due to general mind set of people) and Ethicality.


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