Condominium issues
2 years ago
I purchased a quadruplicate row house thirty years back in Lonavla,Pune, Maharashtra. In 2006 the developer transferred entire infrastructure to condominium of Cottages owner’s club. One time membership fee of Rs. 1000/-was paid to the Club to create the corpus in 2007. I paid fixed amount to Club for few years for water supply, security, Municipal taxes, common electricity bill etc…. I am not getting any AGM Notice/Minutes from the club since inception. I have not filled any form asking for membership of the Club.
However the water supply from the Club was very erratic many times under pretext of pump out of order, waterman not reported for duty etc… Hence I obtained a separate water connection to my house from municipality. The road in front of my house is owned by Municipality. The security guards appointed by Club do never come on my side of the house. About four years back a theft occurred in my house for which the club did not take any responsibility. As I am not enjoying any services offered by the Club now, I am not paying any maintenance to the club since last four years. The Club have demanded four year’s arrears along with penal interest from me and have threatened me to go to Court if I fail to pay the same. I now seek your legal opinion on following:-
1. How to ensure as to whether I am a member of the Club? If the membership is implied as I was paying fixed amount to it for few years, can I resign from the membership of the Club?
2. Which is the higher authority where I can complain against the Club.
3. Can I take up the matter in Consumer Court?
4. Are condominiums also required to approach Cooperative Court to recover the dues from its members?
5. Your legal opinion in the matter.
You may contact local advocate having knowledge of local laws. You cannot approach Consumer Court but you can approach Civil Court or High Court. You may approach local advocate with all the documents and get appropriate advise.
Rate me Five Star*
Ayantika Mondal @ Prime Legal
Responded 2 years ago
If you are being compelled to join the club, you can take your case to a civil court to verify that no one is using force against you. If the club provides you with services and you use them but do not pay the fee, it is your moral obligation to pay the fee for the service. A condo owner, like the owner of a detached property, has the right to sell and transfer
Thank you.
If the membership of the club is being forced on you, you can approach the civil court to ensure that there is no force on the part of anyone. if the club gives you services and you avail of the services but do not pay them the price then it would be a moral duty for you to pay the price for the service. Just like owners of a detached home, a condo owner generally has the right to sell and use the unit as they see fit, unless there are covenants
Thank you.
Sharing of property among siblings
Inheritance Rights Dispute Over Mothers Property in Bengaluru
EWS Certificate
POA from SriLanka to India citizen Resident Indian
Darkast agriculture land sale
