I hv purchased an apt in a Residential Apartment owners Association in GOA. The Association has been registered under the Societies Registration Act 1860. I have the following queries.
1.. Is it compulsary to become an Association member.. or is it the owners choice to be a member or not.
2.. If an owner decides not to become a member but is ready to pay the monthly maintainence charges, is it legal for the association accept these maintainence charges.
3.. Does the owner require permission from the Association Committee to rent out or lease his apartment to run a guesthouse. Can the Association take an objection against renting or leasing the apt even if all required Govt permissions are in place.
4..In case the apt is leased out or run as a guesthouse, can the committee demand an indemnity bond from the apt owner, demand to see Govt permissions or guest identification etc.
5.. Is the apartment owner considered a joint owner of 7 guest using these facilities.
6..If any Apartment matters have to go the legal way, are these cases to be taken to the normal Civil Court or Society courts.
7.. Can the association demand more money over and above the maintenance and non occupancy charges if the apartment is leased out / run as a guesthouse.
Await your prompt reply
Thank You
A1. No, membership of an association (registered under Societies Registration Act, 1860) is voluntary.
A 2. You will have to opt either of the two choices i.e., either become member of the association and pay your contribution/share.
A 3. Not at all. Association has no role/interest/claim or authority in renting out the property.
