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Guide to Apartment Owners Association: Formation and

Functioning Sub Categories for Legal
Comments(113) Sub Category: Apartment Bye-Laws , Civic and Governance , Legal , Owners Association Posted Court Orders (2)
On: Oct 01, 2009 Khata Transfer (10)

Today apartment owners association is a vital part of a community living. Apartment owners association is an Property Buying (39)
association where all owners of the apartment are members and the association maintains the facilities or amenities Property Registration (42)
available in the apartment. Apartment owners association works for the welfare of residents in the apartment, Property Renting (9)
conducts events or awareness programs and protects the rights of apartment owners. Apartment owners association
Property Selling (13)
may or may not be registered; but a registered association has the rights to sue or defend any legal action as well as
enjoy legal benefits. An apartment owners association not only has the right to maintain facilities available in the Service Tax (12)

apartment but also has the legal powers to protect its members and defend legal action raised against the
association.

An apartment owners association not only has the right to maintain the facilities available in the apartment, but also
has legal powers to protect its members and defend legal action raised against the association.

Apartment Owners Association as Arbitrator

Arbitration is a technique for resolution of disputes among members of the association or residents in the apartment.
There may be internal matters in the apartment that need to be resolved or the apartment owners association may
have disputes which may require legal intervention. In such cases, the apartment owners association can act as an
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arbitrator between members or residents in the apartment and help to resolve disputes outside court. Approaching the
court is not always recommended as it may take months or even years for resolution of the dispute. The association or by e-mail address to receive email when
can either hire a legal advisor or appoint an advocate to look into legal issues pertaining to the association. we publish new content

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Power to Recover the Maintenance Fee
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Provisions are made in the by-laws of the association for collecting the maintenance charges.  Builders usually allow
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the apartment owners to form their own association and fix the maintenance charges applicable. The cost of
maintaining the amenities needs to be shared by the apartment owners and residents in the apartment. There is a
misconception among many residents that the price they pay for the apartment is inclusive of the facilities in the
apartment that they enjoy. Maintenance is a fee charged for services provided and maintenance of equipment
facilitated by the apartment.
In most association meetings, the issue of maintenance charges is often debated extensively. Maintenance charges
are calculated either on the basis of provisions made in the bye-laws of the association or based on a  method agreed
by a majority of the members of the apartment owners association. Acceptance of maintenance charges can atleast  X 
help maintain peace and harmony within the association. In the event of default by any member, the association has Request Quotations
the right to charge interest and penalty from the defaulter, and the power to recover this amount. The apartment
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owners association has the right to sue defaulting members but it cannot terminate any facility enjoyed by the owner.
The apartment owners association can only initiate legal proceedings for recovery of any outstanding payments
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besides seeking relief, as may be permissible under the law.
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Legal action against members guilty of offense
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Apartment owners association has a general body consisting of all the members of the association who are owners of
the apartment complex. The general body elects members belonging to the general body to form a   Management Contact Number...*
committee. The management committee represents the apartment owners association and will look into all matters
concerning the apartment as well as the rights and interests of members. Any member in the apartment owners Email Address *
association who steals, forges or causes any loss to the association shall be liable to be punished. The association
also has the right to take legal action against members guilty of any offence. Enter apartment Name..
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File case against the Builder
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Ark Serene County is the gateway to
the good life in a global ...
Today, demand for residential property is increasing with the number of builders coming up with attractive prices also
Continue Reading »
increasing. There are a number of property buyers who often complain that their builder has cheated them by offering
low quality construction, besides not responding to their queries and failing to keep their promised. The apartment
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owners association can file a case against such builders for obtaining compensation for losses. They can also lodge a
Come home to nature When living
police case and even file a criminal case against the builder. gets stressful, you usually absorb ...
Notice to builder: It is always recommended to issue a notice to the builder before approaching the court Continue Reading »
or taking any legal action. Apartment owners association can issue a notice to the builder for delay in the
project as well as to obtain compensation for losses and in case of poor quality of construction. The notice MJR Platina
can be send by registered post or Under Postal certificate. Retain the proof of sending. Live...Work...Play – Experience the
Lodge Police case: If  the builder fails to respond to the notice, the apartment owners association can ultimate balance House ...
lodge a police complaint against the builder. The police authorities, to begin with, call upon the parties to Continue Reading »
remain physically present at the police station. The Police authorities invoke Section 107 (Security for
keeping the peace in other cases) of the Code of Criminal Procedure, 1973. Proceedings under this section
may be taken before any executive magistrate.
Consumer Case: It has been observed in many cases that   builders do not comply with their statutory
obligations. In such circumstances, the options available to the flat purchasers / society include filing a View All Reviews
complaint in the Consumer Court. Apartment owners association can file a single case against the builder on
behalf of all its members, as consumers having the same problem. A complaint can be written preferably with
date-wise facts. Refer to the page numbers of the attached documents wherever required (like bill, Got Property Related Queries? Ask our
agreement, service report, etc). Mention what relief you are looking for against your complaint. You can either Experts.
file your case directly or send it by registered post.
Criminal case: A builder can be sued for cheating, breach of contract, not responding to the grievance and Where can i buy mumbai properties?
delivery of poor quality construction. While drafting the criminal complaint, the society should highlight 2
Posted by: prishtygroup
specifically the violation of the various provisions. The society should also emphasize that violation of the
provisions is criminal in nature. Attention of the criminal court should be drawn to offenses of various View All Discussions Post Your Question
sections of the Indian Penal Code – Sections 406, 407 read with sections 415 and 420.

Section 406 Punishment for criminal breach of trust

Section 407 Criminal breach of trust by carrier, etc
Section 415 Cheating
Section 420 Cheating and dishonestly inducing delivery of property
The complainant should also bring out irregularities committed by the builders while executing the construction of the
building. Once a complaint is lodged, the matter is kept for verification wherein the statement of the complainant is
taken. On the basis of the evidences provided by both the parties, the Honorable Metropolitan Magistrate’s Court office
passes its order. The builder has the right to appeal in the Sessions Court. In the event of the accused being aggrieved
by the order passed by the Sessions Court, then he can appeal in the High Court.
The apartment owners association can be sued by members or parties, if the association fails to meet its statutory
obligation. A well-drafted bye-law should enable any apartment owner to raise issues in which case it is mandatory for
the managing (or executive) committee to address these issues adequately. There could also be common issues faced
by many apartment owners with regards to the association being unresponsive to their concerns. There may be
instances where the members find that the association is actively working against their interests. In such instances,
the members of the apartment owners association has the right to raise any  issue which they feel is detrimental to
their interests and demand a meeting of the association for the same. If the association fails to take action on such a
complaint, then  members can, as a last resort, approach the court to seek relief to their grievances. If an association
persistently commits default in fulfilling its statutory obligations or if there are huge disputes over the management of
the association, the member can then consider complaining to the concerned Registrar of Societies in this regard. The
Registrar has the right to cancel the registration of the apartment owners association which fails to meet statutory
obligations and in cases where there are huge disputes over the management of the association.
 
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References:
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Methods to Calculate Maintenance in Apartments Select City *

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Tags: apartment association formation, apartment complex, apartment owner association, apartment owners Contact Person *
association, Apartment Owners Association Act, apartment owners association bylaws, apartment society
formation, apartment watchman duties, association formation process, Association of Apartment owners, Contact Number...*
bye laws for apartment owners association, bylaws of apartment owners association, community living,
filing a case against property builder, flat owner association rules, flat owner rights apartment owner Email Address *
association, flat owners association, flat owners association bye laws, flat owners association in chennai,
How to register Apartment Owners Association, Indian Penal Code – Sections 406, legal action against Enter apartment Name..

builder, Methods to Calculate Maintenance in Apartments, registration of apartment owners, Resident Get Quotes
 welfare association, Residents in apartment, RWA, Section 107, Section 406, Section 407, Section 415,
Section 420

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113 Responses to “Guide to Apartment Owners Association: Formation and Functioning”

« Older Comments

Raghu says:
October 19, 2011 at 2:33 am
I have a 3 years apartment which is to be sold and one of the walls has cracks from outside which is
leading to leakage of water in the rainy season. Is it the responsibility of the association to repair this
as i have already started repairing it from inside the apartment or can i go ahead an repair it myself and then claim
this from the association? Please advice
Reply

N.Praveen says:
August 14, 2012 at 4:04 am
I have a flat in I floor. It is 10 years old building having GL + FF. Now i have noticed some
dampness in the roof of my flat. Who will bear the repairing cost. My self or the Association. Pl
clarify.
Reply

Raghu says:
October 19, 2011 at 2:33 am
I have a 3 years apartment which is to be sold and one of the walls has cracks from outside which is
leading to leakage of water in the rainy season. Is it the responsibility of the association to repair this
as i have already started repairing it from inside the apartment or can i go ahead an repair it myself and then claim
this from the association? Please advice
Reply

Brunelli says:
November 23, 2011 at 2:44 pm
Fantastic blog thanks so much for the information
Reply

 X 
kalkulator ciazy says:
November 29, 2011 at 5:41 pm Request Quotations
I enjoy your piece of work, appreciate it for all the informative articles .
Reply Please select category *

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solicitors in hove says:
December 4, 2011 at 11:05 am
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Thanks for the great article. Look forward to reading more of them.
Reply
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gaucho says: Contact Number...*

December 6, 2011 at 8:23 pm
great to find such great blog, I really like it. you are the best
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DublinTapanes says:
January 2, 2012 at 1:32 am Get Quotes
 Hello there, I discovered your blog by way of Google while looking for a comparable topic, your site got
here up, it seems great. I have bookmarked your site to favorites.
Reply

Hallum says:
January 11, 2012 at 9:08 pm
Magnificent website. Lots of useful information here!
Reply

Arvind says:
January 30, 2012 at 3:54 am
Sir, I had leased my apartment to a family since 2009, which was vacated by them by mid Jan-12 after
providing one month notice. The tenant has left country with the keys (they changed the main door
lock without informing me), stating that i had not paid the balance from security deposit (they left on 19 Jan). Now
am not able to open the apartment, please advise what is my legal rights.
Reply

Rayees ur Rahman Khan says:

February 1, 2012 at 10:43 am
dear sir,
I have a 1RK flat in a CIDCO apartment owners association at nerul new mumbai, which is rented out.
Managing Committee is charging Rs 2500/- as non occupancy charge per annum which has been passed in the
AGM. But this amount is very higher against the order of Govt of Maharashtra and the Bombay High Court order.
The order says that non occupancy charges can not be more than the 10% of monthly maintenance. The monthly
maintenance is only Rs 75/- Managing committee is not ready to accept the above order and denying to do the
same. I have already given notice to the president of the association, but their response is nil.
Kindly advise me to what action can be taken and where i can approach for my greivances.
My Mail Id: raishasratkhan@yahoo.in
Reply

Samir says:
February 4, 2012 at 9:46 am
I agree consumer courts are proper authority. We should file a case at nearest Consumer Forum, see
this latest judgment @chsguru.com
chsguru.com/2012/02/lokhandwala-construction-company.html
Reply

prabhu says:
February 17, 2012 at 7:58 am
hi all,
i need a small help regarding the tenant rights to live in appartment. I recently moved to a new
appartment in Hyderabad, India. after two months of stay the association is formed and are now asking me for the
personal details of me and my family. They want me to fill a form where they are asking me for my personal details
like,
my name, a photo, occupation, previous address of where i lived, car registration number, my phone number, details
of the people who live in my family, their photos, their occupations, age, sex, date of birth etc.
I want to know, being a tenant to a house owned by someone else, should i give all these details to the
association? my house owner never told me anything like that to give. but these association people are asking all
the tenants to give these details,
Please let me know if i can give or not or it is a right for the owners assiciation to ask me all these details.
a reply is much appreciated.
Reply

 X 
Mohan says:
June 4, 2012 at 8:57 am Request Quotations
Hallo dear if you are entering to the Appartments you need give the information to the Assiciation.
Then only if any problem in future Assiciation know about you otherwise if any problem or any Please select category *
police case they will ask Associaltion President only.
Select City *
So better you can give your information.
Mohan Select Area *
Reply
Contact Person *

Mithun says:
August 3, 2012 at 1:27 am
Contact Number...*
Is it require to provided my grand father to my grand children name & details. In my family we
have 150 Members, all are they coming & going to my home. Email Address *

Association should ask necessary details only who owned / hired that apartments, that’s enoguh There is
Enter apartment Name..
no association does not have any rights to ask my entire family tree details/more personal details.
Association can interfere other personal to certain level.
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 the suggested stupid may be in association head/secratery. Association is not a supreme court. It’s just
association / just a team.
Reply

pankaj says:
August 31, 2012 at 4:06 pm
Wrong
Reply

pankaj says:
August 31, 2012 at 4:04 pm
It is not required to give your details to the Association. If they harrass you, get a lawyer and file a
case against them for harrassing you. If the police or court question you about not giving your
details to the association, you can always say that you did not trust the Association with your private details
since the Association members may use this information against you and harrass you in future by making
different rights for owners and different rights for tenants with regard to the common property and facilities.
However, mention that your dealings and agreement are only with the owner of the flat and if the association
wants your details, they may contact the owner of the flat for them.
Check this advice with an advocate. Then, Give Them Hell.
Reply

Kates says:
February 18, 2012 at 7:20 am
Hi! Extremely interesting read and well designed blog !
Will definitely return, thanks!
Reply

Ramesh kumar says:

February 20, 2012 at 1:20 pm
Hi ,
I have 2 doubts.
1. I own a 3 bed room flats which means i have more square feet than 2 bedrooomers. Here in this useless
association , they charge 1.75 rupees /sq feet. so i should pay more. I understand i should pay maintanence but
why is that people who have big flats should pay high maintanence ?. Singe bed roomers, double bedroomers and
triple bedroomers enjoy the same common area. nothing more or less, then why should we pay more ?.
2. Now the drainage, recyling plant needs a repair. Now they are asking for Rs.3 /sq.feet .
Will this work the same way in all associations ? . Why should i pay more than others for repairing the drainage – if
one bedroomers pay 2500 . I should pay 5000.
Why is this happening ?. Is this the law . How can i go about this. Help me
Reply

Judith Obbink says:

February 21, 2012 at 2:46 pm
Thanks for the update on Guide to Apartment Owners Association
Reply

P Kishore Kumar says:

February 27, 2012 at 11:21 pm
We are living in a four 2BHK ( G+1 ) flats housed in a compound and I am the owner of two of the
ground floor flats. My tenants staying in the first floor. The first floor flats have lot of problems like
water leakage and other issues which affects my flat in the down and spoilt the appearanc of the flat. The top flat
owners not in the mood to undertake any repairs or resolve the issue. I would like to know how to resolve the issue
legally and what the are the forum to address this kind of things where the flat owners are 2 to 4.  X 
Reply Request Quotations

pankaj kumar says: Please select category *

March 31, 2012 at 12:13 pm
i have a flat in dhanbad but not ragisterd asocition we have water problem how can i solve Select City *
Reply
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pankaj kumar says:

March 31, 2012 at 12:18 pm Contact Person *
i have a flat in dhanbad here is not ragisterd association but here is water problem lots of owner take
direct connectio from water tank thats why i am facin water problem how can i solve please reply. Contact Number...*

Reply
Email Address *

nisar shaikh says:

April 28, 2012 at 10:31 am Enter apartment Name..
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I am thinking of buying an apartment in association of apartment. My query is whether it is possible to change the
use of apartment from residential to commercial. if the D. C. rules of the local body so permit. What
sanctions/NOCs are to be obtained from the association. thank you.
Reply

Sakthi kumar says:

April 30, 2012 at 12:41 pm
Hello Sir,
Can you please help me to register my apartment owners association formally with the registrar
office. Any one help us on this. please mail me your details at sakthikumar.subramanian@gmail.com
Reply

Sakthi kumar says:

April 30, 2012 at 12:42 pm
Hello Sir,
Can you please help me to register my apartment owners association formally with the registrar
office. ( its in Navalur, Chennai) Any one help us on this. please mail me your details at
sakthikumar.subramanian@gmail.com
Reply

Seema Prasant says:

May 16, 2012 at 2:07 pm
I would like to know whether any resident can stop paying maintenance charges of his flat if he has
any grievance with the association. In such cases what action should the association take? If the
grievance is against the previous committee and beyond rectification, can the resident stop paying maintenance
and still enjoy all facilities?
Reply

Vijay says:
May 18, 2012 at 2:59 am
Hi Seema, what do you think should be the case? If what you ask for is possible, then every body
will file a grievance of one sort or other without giving any maintainance and still enjoying all
facilities. And this can go on for years.
I am in no way an authority upon this but I am sure this cannot be done. Paying monthly maintainance and
solving issues are two different things and should be kept seperate. I maintained this rule very strictly when I
was managing the association.
Of course the association here should also be willing to solve the issues a resident is complaining of. Even if
wrong doings have been done by a previous association, the new one has assumed all liabilities from it. There’s
no way they can say we are not responsible for solving this.
Reply

haranadh says:
May 26, 2012 at 2:17 pm
We own a flat in an apartment. Here the maintenance is so worst and not transparent. But, we never
questioned anything except paying maintenance. Recently the person who is taking care of
maintenance took the decision to put the flat numbers on the wall and also did the same even without asking
anybody. Now it looks like I am staying in some hotel room or govt quarters. When I went to ask him about the
same he is so rude and lost his temper. His entire family is against me just to prove I made a mistake by
questioning him. It is my premises and I have every right to ask if somebody spoils it even it is maintenance. How
can I take it further? Please suggest me the proper solution because even though this issue is small, in future I do
not want to face same situation but issues is bigger.
Reply

Rajendran says:  X 

May 28, 2012 at 11:42 pm Request Quotations
Other than flat owner (flat owner’s father) can he contest for apartment office bearer election?
Reply Please select category *

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Jerry Joseph says:
June 10, 2012 at 9:21 am
Hi Select Area *

what is the procedure to be followed to cancel our apartment registration which was registered under
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apartment owners act of karnataka
Reply Contact Number...*

Arun Kumar says: Email Address *

June 16, 2012 at 12:46 pm
Crime to be a Bachelor
Enter apartment Name..
Staying in a Flat for three years… We raised questions against Association on some security issues.
Now, The Association members don’t want us to raise any issues against them and they started troubling us by Get Quotes
issuing a notice that we are creating nuisance and disturbing other to make our mouth shut. Is there is any way to
handle them. Can we raise a harassment case and issue a legal notice
Reply

Wellwisher says:
October 7, 2012 at 11:03 am
Hi,
You are absolutely rite at your point. as most of the societies are now a days creating problem for
bachelors staying in society flats. if they are harassing you, you can approach the local police and can take
legal advise as well… as they cannot approach you directly, they have to approach you through your landlord
only…….also if you are not creating any violence in the society then they cannot raise fingers on you…regards…
Reply

Petretti says:
June 20, 2012 at 2:08 pm
My brother suggested I may like this website. He was once entirely right. This post actually made my
day. You can not believe just how much time I had spent for this info! Thanks!
Reply

venkata chary says:

June 22, 2012 at 7:05 am
Hello sir,
I have purchased a flat in (2011) Medchal (hyderabad-AP) but construction was very poor.
At the time selling the Flats Vendor and builders had told that total car parking are only 5 . But Later it has
increased to 8 No.s.
And builder told outer walls builded 9″ (nine inches walls) but bathroom side builder constructed 4.5″ walls so in
Rainy season wall was leakegs and cement plastering was damage. water leakegs from upper flat to my flat.This
problums told to builder but he was not given any answer and till date builder not handover to apartment flat
owners.
Reply

Sunil Jith says:

June 24, 2012 at 4:56 am
Hi,
There are 10 houses (5 ground floor and 5 first floor) in my apartment. One of the house owners
(Person A) has been parking his two wheeler in a particular spot. this spot incidently falls close to the other house.
For many years the tenants living there did not have vehicle and so there was no problem. Now the new tenants
have a vehicle and they are not allowing Person A to park his vehicle whereas Person A does not want to move his
vehicle from that spot as he has been parking there for years. This has become a big problem. Can any one advice
how to resolve it?
Reply

Sunil Jith says:

June 24, 2012 at 4:57 am
There are 10 houses (5 ground floor and 5 first floor) in my apartment. One of the house owners
(Person A) has been parking his two wheeler in a particular spot. this spot incidently falls close to the
other house. For many years the tenants living there did not have vehicle and so there was no problem. Now the
new tenants have a vehicle and they are not allowing Person A to park his vehicle whereas Person A does not want
to move his vehicle from that spot as he has been parking there for years. This has become a big problem. Can any
one advice ho to resolve it?
Reply

gurumurrthi says:
August 9, 2012 at 11:40 am  X 
Respected Sir, Our Association registered under Tamil Nadu societys act in 1988. Name Owners Request Quotations
welfare Association. Now the Office bearers in the key post are not the Owners and their Wife and
married daughter are the owners. As legallythey are not the Owners as per byelaw. Notice issued by a Member Please select category *
through a Advocate. As on date they are not owners and so whether they immediately quite the office. pl. clarify
Reply Select City *

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sudarshen says:
August 21, 2012 at 12:02 pm
i had purchased a flat in 2005 at that time builder had not mentioned that he is going to retain on flat Contact Person *
out of 12 flats . now he is treating us like he rented apartment to us . please guide me what can i do
for relief Contact Number...*

Reply
Email Address *

sudarshen says:
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August 21, 2012 at 12:03 pm
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i had purchased a flat in 2005 at that time builder had not mentioned that he is going to retain one flat out of 12
flats . now he is treating us like he rented apartment to us . please guide me what can i do for relief
Reply

Kannan says:
August 24, 2012 at 4:55 am
Hi
I am residing in chennai in an apartment round floor. just above my house, first floor house is having
problem in their balcany.they acid washed their titles and it was broken completely. water is leaking from their
house to my house bed room, wardrode and outside wall. almost my wooden wardrobe gets spoiled. daily i am
pulling out water in my bedroom.i requested my first floor house owner to fix that issue. then my association leader
approached to fix issue as it will spoil my house ceiling.
Then my bulders came and conformed us that leakage is from first floor house balacay and need to fix as soon as
possible. now the first floor owner is not willing to bear any expense.
He is expecting me to bear the whole cost ? how is it possible ? If so, what is the use of going for Apartments. I
really fedup with this flat system concept.
It is really annoying us. my mom is too old to do cleaning works and worried very much that she might fall down in
the wet floor.
Anybody with broad mind suggest me how to resolve this issue.
Thanks in advance.
Kannan
Reply

Kannan says:
August 24, 2012 at 4:57 am
Hi
I am residing in chennai in an apartment round floor. just above my house, first floor house is having
problem in their balcany.they acid washed their titles and it was broken completely. water is leaking from their
house to my house bed room, wardrode and outside wall. almost my wooden wardrobe gets spoiled. daily i am
pulling out water in my bedroom.i requested my first floor house owner to fix that issue. then my association leader
approached to fix issue as it will spoil my house ceiling.
Then my bulders came and conformed us that leakage is from first floor house balacay and need to fix as soon as
possible. now the first floor owner is not willing to bear any expense.
He is expecting me to bear the whole cost ? how is it possible ? If so, what is the use of going for Apartments. I
really fedup with this flat system concept.
It is really annoying us. my mom is too old to do cleaning works and worried very much that she might fall down in
the wet floor.
Anybody with broad mind suggest me how to resolve this issue.
Thanks in advance.
Kannan
Reply

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vswami says:
October 31, 2012 at 12:30 am
Broadly speaking, the grievances / grouse of purchasers /residents of apartments’ association are of
two kinds, – one against the seller, the other against the people elected for the managing committee
 X 
and / or anyone or more of the offce bearers.
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What is the way out or solution to satisfactrily have resolved a serious problem, if it is of the second type? Prima
facie, the general impression is, that a ready or easy solution can only be far to seek. In particular, so, in those Please select category *
cases , which is very commonly observed in cities like Bangalore, where there is no duly formed / constituted and
registered owners’ association. Select City *
Suggest, it is worthwhile to look for and find leads/ clues from reported court cases.
Select Area *
One such case has been recently reported at theb website of Taxguru.
Link > Secretary of Society is Public Servant & can be booked for Corruption – HC Contact Person *
Commented thereon (reproduced for ready reading):
Contact Number...*
Not simply a good judgment; but is a very helpful one, to those living in misery for long, as owners or residents of
buildings comprising multiunit.
Email Address *
To dilate:
Here is an interesting and eye-opening verdict from the Madras HC. Enter apartment Name..
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This case is, no doubt, confined to an instance in which ‘secretary’ of a housing society has been faced with a
criminal charge under the anti corruption law. But, what ought not to be missed but requires to be specially noted is
this: – it carries an important message of general utility to the people at large, who own or live in ‘units’ of a
building (namely, ‘flats’ or apartments’), governed respectively by special enactments of States. To be precise, it
might come to the rescue of such owners or residents of ‘units’ in a building property, if confronted with like
problems in the hands of a person acting as ‘secretary’ or in any other representative capacity of the common
body, be it a ‘society’ or an ‘owners’ association .
Under the law, each owner or resident is endowed with the status of a co-tenant or co-owner (including his private
tenant). As such, each one of them is legally bound and socially obliged, to live strictly within the parameters of
own individual rights and interests; that is, without encroaching upon those, similar and identical in nature, of the
others, in any manner.
Anyone , – even granting that the person (who must necessarily be a co-owner- for this purpose, the builder/seller
is not one in respect of any unsold unit(s)) acting as secretary is one duly elected/ appointed by the general body
(society or association), as lawfully constituted in accordance with the terms of the law,- has no more rights or
other interests, that is in excess, in comparison to the others. On the contrary, by virtue of anyone being a co-owner
, hence, having qualified and been nominated, and elected / appointed, either as a member of so-called ‘managing
committee’ in general, or as an ‘office bearer’ ( i.e. president, secretary, treasurer, or whatever) , he is vested with an
additional responsibility/duty of an onerous nature. That he is obligated to dutifully discharge in relation the others.
His strict position, albeit an unenviable one, in the eyes of law, is no better or worse than that of a ‘trustee’ in its
profound legal sense. In other words, any action or inaction on his part in disregard or violation of any duty or
responsibility expected of him , in a fiduciary capacity, is, in one’s longstanding conviction, clearly tantamount to a
‘breach of trust’(within its legal meaning), and accordingly liable to be meted out with no less severe consequence
than “corruption’ as in the Madras case.
Reply

Yackley says:
November 23, 2012 at 5:28 am
Good site! I truly love how it is simple on my eyes and the data are well written.
Reply

Animesh says:
November 24, 2012 at 5:23 am
Hi,
Thanks for this clear information.
Although the blogs talks about the legal or non-legal action that can be taken against the association members
once the association is formed.
Please post another blog which will clarify the details on election process of association. Authorities or legal
bodies to be sought after if there are malpractices involved in association election process.
Also what is the role of the election committee and what actions can be taken to dissolve the same.
Reply

Bharat says:
December 3, 2012 at 9:54 pm
Recently, our apartment association started putting car locks on the cars, even for minor parking
violations. They do not give any notice & we discover only when we or our guests need to go
somewhere to use the car. They don’t respond immediately & open the locks only after a fine (whatever they say) is
paid.
Is this legal?
Reply

ahsan says:
February 28, 2013 at 2:47 am
can any halp me
Can any one send me the sample notice letter to flats for
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1-water timing has been changed Request Quotations
2- construct washroom for watchmen in parking area
I`m very thankful to you plz rply me Please select category *
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Srividya samala says:
March 26, 2013 at 10:48 am Select Area *
I have purchased a flat in Hyderabad last year. There is no association registered, but it is maintained
by a single person who is not elected by anyone. He cares less about maintaining apartment. He got Contact Person *
hold of watch , and that watchman listens only to him.
Contact Number...*
srividyasamala@gmail.com
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web hosting says: Enter apartment Name..

April 15, 2013 at 9:45 am
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 Generally I do not read post on blogs, but I would like to say that this write-up very pressured me to take a look at
and do it! Your writing style has been amazed me. Thank you, quite nice article.
Reply

Portland music says:

April 18, 2013 at 7:10 am
It’s going to be ending of mine day, except before ending I am reading this fantastic paragraph to
increase my knowledge.
Reply

In Space says:
April 20, 2013 at 8:53 am
You’re so cool! I don’t think I have read through anything like this before.
So great to find someone with a few genuine thoughts on this
topic. Seriously.. thanks for starting this up. This site is one thing that is
required on the internet, someone with a bit of originality!
Reply

navisa says:
April 24, 2013 at 7:37 am
usefull informations
Reply

ptikamdas says:
March 31, 2014 at 1:17 am
V.useful and necessary guidance but people across have narrated their problems/horror but very few
indeed negligible number of people have been responded with some response. Ignorant, harassed
people need be responded. System should help empower helpless to stand up and cry halt.
Reply

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