We have a very strange issue in our Apartment association in AP, which has 700++ flats. Our flats are constructed by a govt. body, during those delays are happened by government body and all allottee's formed an association to fight with the government body to finish the project with the norms promised by them at the start of project. It went well and finally , construction is done, flats are handed over. The association also worked with govt. body and convinced them to collect the corpus fund from owners before the individual flat registration. Though originally the association is formed for fighting with the govt. body to take the flats but latter it started taking over the maintenance activity as well. They are not conducting elections and keep on self nominating themselves for ever from past 5 years.They dont even conduct GBM and generally took decisions by themselves , it is working as self autonomous body. They don't follow anything mentioned in their bye-laws. Couple of owners went ahead and put a case on the current association one year back, while rest of the owners not aware of complete details of the court case. Keeping Court case a reason , the current association is not keeping any election nor GBM quoting they cannot conduct elections due to the court case.
1) Is the current court case is really a hurdle for elections ? Can a case between few owners impact all other owners ?
2) Can the current association be a legal body for maintenance and to conduct elections ? Since there are no elections since its inception, will ROS accept it as a legal body or not ?
3) Development is stalled now, is there a way to push for an elections?
4) If any other owners starts a new association , can they conduct elections ?
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