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Author Topic: Few Original owners of Apartment keeping its Association affairs, funds secret  (Read 269 times)

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Offline wanderbug

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I had  purchased a flat 6 mnths ago in an apartment with 32 Owners. Only two owners were staying in the building, rest are renting their properties. The Apartment was handed over in 2010. One resident owner claims to be the Secretary, the other Treasurer. The Treasurer has subsequently rented out his property leaving the secretary. When either is asked about registration of Association, the stock answers were there is no Regd Association as others are not resident, and not in station and not interested.  Despite many attempts to find out about the status&legality of the building's care--as it was in shambles, with leaking walls .and  paint deteriorated, answers were no one is interested. On sending a Registered notice to "Association", promptly Secretary and Treasurer called for Quotations for works worth Rs 11 Lacs, generated a subscription drive and have started some works including painting. Some members have not paid partly, one not at all. As the work progressed,  a WhatsApp group was formed for all the owners, and it was revealed   inadvertently in messages that a Managing Committee was formed originally in 2010 afterall, and a Bye Laws was made. Also that no general body meeting has been held in last 2 -1/2 years. That, about 7-8 Lac was in FD in undisclosed account which will not be used for ongoing works. I demanded a copy of the Bye Laws which reveals it is a superficial work, where owners' rights have completely been abrogated, with Managing Committee reserving all financial rights.
What can be done to ensure a) information is provided to all new members on status, accounts, documentation, b) registration of Deed under Apartment Owners Act 1983 is done forthwith,  General Body meeting Called, and elections held if not done c) Financial transparency is enforced.

Offline advcaroltripathi

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First of all get a building clearance from Municipal office regarding its building condition.
once you have that send a legal notice to the association which collects maintanence.
to call for general body meeting to sort out the mess
Adv Carol Tripathi
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Offline adv.amarnath

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  • Advocate Amarnath Sanyal from Kolkata, West Bengal
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Immediately serve notice to him and subsequently you have to file a civil suit against him as well as petition under Order 40 of the Civil Procedure Code.

Amarnath Sanyal
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