Reg. Association registration Karnataka Apartment Ownership Act (KAOA) 1972
Context:
1. The apartment at Varthur, Bengaluru, is built by builders after entering into a Joint Development Agreement (JDA) with land owners with 53%-47% share in flats. There are 84 flats in Apartment. In JDA, it is clearly mentioned that all parties to JDA shall pay maintenance to association. Deed of Declaration shall be as per KAOA 1972. Builder has been given General Power of Attorney by land owners.
2. Builder sold all his flats and Land owner has still 9 more unsold flats.
3. Builder did not take up the maintenance and hence an ad-hoc body is taking care of it. Building is not yet handed over. OC came around Jan 2024.
4. Ex- land owners does not pay maintenance (even for the flats they have tenants) and they are insisting on keeping their people for maintenance, which almost all owners reject because of the poor service quality. They are trying to scare owners too by resorting to rowdyism in covert ways.
5. All Owners except ex-land owners with 9 flats are ready to register the association under KAOA 1972.
Questions:
1. Is there a legal way to make the ex-land owners to agree for association registration ?
2. If Question 1 is not possible, is there a legal way for rest of owners to form association as per KAOA 1972 excluding ex-land owners? If so, how would the maintenance occur?