Action against resident forum for acting contrary as an apartment owner association
I am a flat owner of an apartment called Platinum City. as per our sale/purchase agreement/ sale deed, builder has to form an apartment owners association under KAOA Act 1972, further builder has taken one time maintenance ensuring to maintain the complex till he hand over and transfer the aforesaid property to registered association.
in the mean time some of the residents have formed an Resident Forum for the cultural activity and registered under societies act.
gradually the aforesaid Resident Forum has started functioning as an owner association contrary to their objective as per Memorandum of Association in collusion with Builder and started demanding and collecting money for the common facilities in the name of maintenance by way of threatening to restrict the usages of the common facilities etc.
considering the illegal act of the Resident Forum, I want an permanent injunction on the aforesaid matter, can we file civil suit and get the injunction from court of law.
Please guide us.