Dispute with Apartment association Bengaluru (Bangalore) Dispute with Apartment association Bengaluru (Bangalore)

9 months ago

Our building is G+4 with 120 units. OC received in 2020 and association was formed by a group of apartment owners who came voluntarily in 2021 (first one year 2020-2021 apartment maintenance was done by builder). But the association team in 2021-2022 did not properly handle the association funds. They submitted the annual income and expense report in 2022 but the queries and clarifications on some of the income and expenses were not clarified satisfactorily. The same team ran the Association for 2022-2023 as well, after winning an election that was conducted through forming of an election committee (volunteers from the apartment owners). We created a corpus fund in 2022 to meet some additional one time expense for CCTV installation (as frequent theft issues were reported inside apartment), Glass frame installation in corridors (to prevent rain water from entering) Badminton court repair and maintenance, BESCOM security deposit, plumbing pipeline maintenance. a sum of 10,000 INR per apartment was collected from the apartment owners based on the estimates for doing all the above work. some of these works were completed before end of 2022-2023 period including CCTV installation, Corridor glass installation, Badminton court maintenance and BESCOM security deposit.

But no bills were submitted on time by the Association team even after multiple requests and reminders in the GBM meetings (conducted quarterly) and via email. In the GBMs as well the association team deliberately avoid questions on income and expense statements and try to deviate topic to other issues.

Finally after multiple requests bills were submitted only for CCTV installation work done. The initial estimate approved in the GBM was X lakhs and the final amount spent was twice that (200% increase). As per Association by law, any expense more than 10,000 to be approved in GBM by majority of owners, but no approval was taken for any of these large scale expense when the actual amount increased the estimates by tens of thousands and even at lakhs. The Association team is refusing to comment more on this and they are avoiding meetings called for to discuss this. They are trying to bring another team now for 2023-2024 and that team had already mentioned we are not responsible for the spends done by previous association team, we will request the previous team to share but if they don't share then we are not accountable.

Overall, there is clear misappropriation of funds, forgery of expenses and no accountability or visibility given to other apartment owners despite numerous reminders via email, mobile app, direct connects in GBM and outside GBM.

What is the right way to resolve this and get this Association team accountable?

Anik

Responded 9 months ago

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A.Dear client,
Please file case under section 403 of IPC for criminal misappropriation. You can also include section 465 of the IPC(Forgery)
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