Problem statement: Number of flats in Apartment : 55 Number of Builders participated : 2 ( 1st one Mother, 2nd is Son) Number of flats distributed by builders : (Mother : 32 flats, Son 23 flats) Flats sold to others : 32 flats Flats not sold : 23 flats Key Problem : Son owns 23 flats and he is not willing to join as a member in the building association. We purchased the flats in 2018, still the builder has not initiated the process to start the building association. In the Partition deed they (Mother and Son) shared the common property as their wish in an apartment. Dear Sir/Madam, I purchased a flat in a building of 55 flats. The builder/owner still holds 23 flats in the property (single owner). And 32 flats were sold to individuals. After the sale process, the builder didn’t initiate the association formation. When 32 flat owners asked to form the association with the standard apartment Bye-laws, Builder/owner refused to join/form the association. And asking 32 flat owners to proceed with association formation. He is not ready to be part of the association and not ready to pay any corps fund. However, he is ready to pay regular maintenance changes for 23 flats. In case of any ad-hoc maintenance/improvement activities for the apartment we 32 owners need to get approval from him for getting the payment (which is again a burden to the building maintenance leads). As the builder is not a part of the association, he is not willing to join in association meetings and he will not get full-length awareness of the problems of the residents. If he refuses to pay the amount for any urgent or emergency works, the entire cost needs to be borne by the 32 owners instead of 55 flats. Above mentioned property constructed in the joint land belongs to a family (Mother and Son). After completion of building and after getting occupancy certificate from GHMC, Hyderabad. They created patrician deed allocating 32 flats to Mother and “23 flats + ¾ of cellar area (including pathway and watchman room) + terrace rights'' to Son. As the mother sold all 32 flats, I was one of the (first) owners of a flat. Also Please advise on the below aspects. Can we form an apartment society with 32 flats owners? The 33rd owner holds 23 flats and he is not willing to Join. In this circumstance, if we go-ahead with association with 32 flat owners, are we going to lose any rights in the building? Is it possible as per law to make the other party agree to be part of the association? Are we going to lose any rights if we form an apartment association with 32 flat owners, like going to consumer court against the building owner in the future? How much time will it take to complete a case when we go to consumer form? What are the charges we may need to bear if we raise a case in consumer court against the builder/s. To whom do we need to connect with government authority to force the builder/owner of 23 flats to be part of the association? What are the options?
The association can formed with 32 members alone.
The building rights will not be lost by the association.
The registered association is a legal entity which can sue or can be sued.
The unwilling owner with 23 flats on his name cannot be forced to become member if he is not willing, because he can sell the flats one by one and then the buyers can become member.
It is responsibility of builder to form association of all flat owners
2) issue legal notice to builder to form association
3) if he fails to do so file complaint against builder before consumer forum and seek orders to direct builder to form association
4) seek litigation costs and compensation for mental torture undergone by you
5) don’t form association for 32 flat owners only
The charges vary from lawyer to lawyer. There are no fixed charges. Pursue a consumer complaint it's speedy and pro consumer
Dear client,
You can sue him under deficiency of service in consumer forum for getting your part. If you are filling case government role decreases and court decision will be final.
Thank You.
