Builder is bound to pay maintenance for unsold flats
if he refuses to pay maintenance sue the builder to recover arrears of maintenance
builder would have only one vote for unsold flats
Voting rights of builder in rwa against unsold flats
A builder has 20 numbers of unsold flats. he is demanding 20 votes in RWA election. He insists that he will not pay maintenance for those 20 unsold flats if he is not given 20 voting rights. Is there any provision in RERA Karnataka regarding builders right to vote against unsold flats. If not as per RERA which law/act of Karnataka deals with the same.
Asked 3 years ago in Property Law
Religion: Hindu
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12 Answers
If the builder fails to provide certain amenities as promised through marketing websites, brochures etc... like water self sustainability by modifying existing abandoned borewells in the site but has no proof of doing it and presently mainly depending on water tankers. The apartment is not yet taken over by RWA and the procedure of taking over has just started. Is there any provision to initiate any legal procedure through RERA or consumer forum to get it done by builder.
Asked 3 years ago
File complaint against builder before consumer forum and seek orders to direct builder to provide amenities as mentioned in the brochures etc
also seek litigation costs and compensation for mental torture undergone by you
For the 20 flats the builder has only 1 voting right
If 20 votes are allowed then he will influence every decision
For not providing the promised amenities the RWA has to file a suit against the builder
Dear Client,
Yes you can sue the builder in case of deficiency of services if it is promised in contract or opt for specific performance of the terms of the contract.
Thank You.
He can't ask for 20 votes on basis of his flat. He will only enjoy single vote
Vote in the elections – each member, irrespective of the apartment type & size has a single vote at Annual General Body Meeting or in any other official meeting, elections, of the association. Should a member have ownership of more than one apartment, the number of votes shall be in proportion to the number of apartments owned.
On November 2, 2007, Justice S B Sinha and Justice Harjit Singh Bedi held that Section 27 of the Maharashtra Co-operative Societies Act 1960 Act clearly provides for one vote per member.
The court observed that even though the objective behind "one family, one vote" may be laudable, it is necessary to see whether such a concept is provided for under the act.
The court held that when the legislative act provided for it, no bye-law could create another concept to defeat the legislative intent.
Therefore, it was held that even when a person owns more than one apartment he will be entitled to have number of votes in proportion to his ownership.
If the common problems are to be taken up, it would be advisable a a body representing the owners of the flat would be right person to handle such issues and to represent before the concerned authorities including consumer forum.
First of all RWA has to take over the apartments from the builder and then initiate action against the builder for all the deficiencies found which are yet to be completed by the developer.
our RWA by law states "In case a member/s owns more than one Apartment, such member/s shall be entitled to one vote per Apartment irrespective of the size of the Apartment/s."It does not mention specifically anything about the unsold flats which are not registered or deed of declaration made against. But the Karnataka Apartment Owners Act 1972 clause 2 and 5 says- "Clause 2- By this clause, the provisions of the Act are made applicable only to property, the sole owner or all of the owners of which submit the same to the provisions of the Act by duly executing a Declaration as provided in the Act" " Clause 5- By this clause, the owner of each apartment is given exclusive ownership and possession of his apartment and he is required to execute a Declaration that he submits his apartment to the provisions of the Act and a Deed of Apartment in relation to his apartment; needs clarification on 1. whether the ownership of 20 unsold flats out of total 120 flats held by builder without registration and deed of declaration against unsold flats can be considered ownership of 20 flats for the purpose of 20 membership in RWA and 20 voting rights in RWA election. 2. Any RERA/ other notification applicable to karnataka property on the voting rights of unsold flats by builder in RWA.
Asked 3 years ago
Builder is not entitled to 20 voting rights for unsold flats
2) not aware of any RERA notification dealing with unsold flats in RWA
- The said builder cannot demand 20 votes for unsold flats , and he will have right for only one ,and cannot stop the maintenance .
- The maintenance charges for unsold flats should be borne by the builder till they are sold, and thereafter by the purchasers
- RWA can file a compliant against the builder for recovering the maintenance .
1. Until the flats are sold the builder can be considered as the owner of the flats, he need not have to register the same on his name.
2. The RERA cannot interfere in the election process of the RWA. It is a subject matter connected to the registrar of cooperative societies.
It's ownership but not voting rights more than one
builders are that dog tail which can not be straitened in India because of the reason everyone knows.
so they are in the mindset that there will be no opposition to what they do.
But in this case there is only 1 vote whatever that dog do.
for amenities, best option is consumer forum.
