unregistered flat owners association
8 months ago
In our compound flat, 2 associations are there, one is registered another one (ours ) is not registered, they have chosen a lady as a secretary and she collecting money thru her personal account, and I have asked for an expenses statement which she is not provided and keep on asking only monthly maintenance, Since April 2023 I have stopped the maintenance payment and she is not ready to give any expenses statement and bill. most of the people are just paying and keeping quiet. now she is treating that GOING TO CUT WATER can I take legal action against her?
A.Dear Client,
A self-declared person claiming herself to be a Secretary of an unregistered housing Society having no Byelaws has no right or locus standi to take such kind of arbitrary and unethical action against a flat owner even for non-payment of maintenance charges or for any other issue which may amount to public nuisance. According to section 268 of the Indian penal code, a person is guilty of a public nuisance who does any act or is guilty of an illegal omission that causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right and such a nuisance cannot be excused even if it brings some convenience or advantage. So, in the prevailing situation, you need to approach the concerned Civic Authority, Municipal Corporation, and local administration, i.e., the Public Grievance Cell under SDM/DM office to stop the errant person from commissioning further damage or injury to the co-residents of housing society. You may also consider for service of a legal notice and for filing of a suit against the errant person before the Court u/s.268 IPC if the matter appears cannot be settled mutually through mediation.
A self-declared person claiming herself to be a Secretary of an unregistered housing Society having no Byelaws has no right or locus standi to take such kind of arbitrary and unethical action against a flat owner even for non-payment of maintenance charges or for any other issue which may amount to public nuisance. According to section 268 of the Indian penal code, a person is guilty of a public nuisance who does any act or is guilty of an illegal omission that causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right and such a nuisance cannot be excused even if it brings some convenience or advantage. So, in the prevailing situation, you need to approach the concerned Civic Authority, Municipal Corporation, and local administration, i.e., the Public Grievance Cell under SDM/DM office to stop the errant person from commissioning further damage or injury to the co-residents of housing society. You may also consider for service of a legal notice and for filing of a suit against the errant person before the Court u/s.268 IPC if the matter appears cannot be settled mutually through mediation.
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A.Dear client,
You can file a suit against the society for restore the same. The society cannot disconnect the water supply on its own, it is a criminal offence, you may lodge a complaint against the secretary of the society who ordered this work.
You can file a suit against the society for restore the same. The society cannot disconnect the water supply on its own, it is a criminal offence, you may lodge a complaint against the secretary of the society who ordered this work.
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