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Author Topic: FORCED to JOIN RESIDENTIAL ASSOCIATION AS A COMMERCIAL SHOP OWNER  (Read 186 times)

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Offline Amitabham

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FORCED to JOIN RESIDENTIAL ASSOCIATION AS A COMMERCIAL SHOP OWNER
« on: September 25, 2016, 03:49:00 AM »
I had brought a property a long time ago and at the time of joining I has signed the sale agreement which said that I would join the association, however my property is a commercial property (which has not been used since date of handover) and on top there are residential flats. The association has been formed but it is composed of flat owners. There is no separate commercial owners association. I am being charges maintenance fees for maintenance of common areas, electricity of lifts ( which I donot use), electricity for pump for water, painting of common areas infront of flats, generator  etc.
As a commercial owner I am having to pay for many things which are solely for the benefit of the residents simply because my shop is inside a residentail complex ( shop at the bottom and flats on the floors ontop of it).

Now after many years I want to start the shop the association is demanding overdues of Rs90,0000.00 ( 73k maintenance and 17k painting and repair).I have asked for a waiver which they have refused. I want to know the following"
1) Do I have to join the association?
2) Do I have to pay same maintenance as residents?
3) There are 4 shops in the complex ( none of the shops are functional) can I form a seperate association with them?
4) To date the association has never sent me any letters/communications regarding outstanding, elections, audited accounts etc ( I also know for a fact that that some time ago there was a misappropriation of fund i.e. facility manager ran off with some money).
5) Can association stop me from entering my shop?
6) Can they deny basic amenities like water/electricity ( I have installed my own meter via CESC)
7) Can I fight them in any way?
Please assist.

Offline Sankar Mukhopadhyay

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Re: FORCED to JOIN RESIDENTIAL ASSOCIATION AS A COMMERCIAL SHOP OWNER
« Reply #1 on: September 25, 2016, 09:02:29 AM »
In my opinion you have a good case, you may file a civil suit before the appropriate court restraining the association for their overtact. They can not ask for maintenance charges which is due since long.
You may contact me with all your documents copy for further discussion.
ADVOCATE SANKAR MUKHOPADHAYAY
PHONE &WHATS APP :9830341440 ; E-mail: adbsankar61@gmail.com

 

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