FORUM
An association must be registered
We have bought a flat in Thoraipakkam in 2006 from a first time builder.
There are 27 apartments (8 blocks of 4 houses each. Each block has a separate water tank, septic tank and common meter).The builder handed over the maintenances of the flat to all owners in an informal manner last year after completing sale of all the
apartments.
We had three owners representing as secretary/President and treasurer. We have not legally formed an association till date.
Now we see that most of the flat owners have rented the flats (some have done to Paying guest hostel arrangements) and we are having a tough time in collecting the regular maintenance charges(which itself is very nominal).When we call for a meeting they do not even bother to attend it. We are unable to take actions like stopping water or non clearance of sewage etc as it will affect the people who are paying as well.
Whenever there is a repair work to be done one of us has to bear it and others are not bothered about the same. Hema
Our panellist, Mr.R.L.Narayanan replies: It is best that you form an Association and register the same. The byelaws can include the procedure for taking action against defaulting members. Further, in the event that you need to approach a Court, it is better and easier, if the Association is registered. The office bearer who is duly empowered in this regard can take suitable action for default. Meanwhile, please note that the proper remedy in case of any kind of default can be only by way of obtaining suitable orders in Court.
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