Builder cheating and association
8 months ago
Hello, the issues are as listed below.
1) The builder has said that the building is regularised but it is not regularised according to GHMC. What actions can be taken against it ?
2) The building association has been registered as cultural association(not a residential association in government records) and the association members are demanding money for each and everything and they are blackmailing for a legal action against us if we do not oblige. Can a cultural association take charge as residential association and will the bylaws be valid (even though some of the residents did not sign) ?
Please clear these queries as soon as possible. Thank you
A.Dear Client,
As regards your issue No,1) it is to inform you that if the building is not regularised by the Municipal Corporation for any deviation in the construction of buildings in accordance with the sanctioned building plan, then the builder is liable to face the consequences. In the absence of a Completion Certificate or Occupancy Certificate which is issued by the Municipal Authority on the application of the Builder and if the same is not issued for the said deviation, the apartment or flat will not be regularised/mutated in your name depriving you of all the civic amenities like property tax, water connection, electricity, sewerage connection etc. So, if the housing complex is a registered project of RERA, then file a complaint against the builder before the authority, Otherwise, serve a legal notice to the builder and file a complaint to the Municipal Authority for taking penal action against the builder for the deviation in construction including cancellation of his Trade License. You can also file a Civil Suit against the concerned builder for specific performance before the Civil Court for appropriate relief in the matter. As regards your issue no.2, this is to inform you that an apartment owners association (RWA) is registered by the Housing Deptt of the State Govt. under the Apartment Ownership Act in compliance with statutory procedures and formalities on the application of resident owners of the housing complex. An association registered under the Society Registration Act, 1860, and its byelaws had no role to play in a housing society or to manage the day-to-day function of the housing society/association including maintenance of the housing complex. So to stop the activities of the said cultural society, you need to file a complaint before the Registrar of Society and Firms of the State Govt. under which the society is registered and simultaneously you have to file an application jointly signed by all the resident owners of the housing comlex before the Housing Deppt of the State Govt. for registration of Apartment Owners Welfare Association to take care of the management following the approved Byelaws. For any kind of law and order crisis arising out of these steps,, you may inform the matter to the local PS and the local administration like, DM/SDM, or can file a criminal suit against the r=errant society members u/s.268 and 503 IPC for public nuisance and criminal intimidation. Reach out to an Advocate for guidance and steps.
As regards your issue No,1) it is to inform you that if the building is not regularised by the Municipal Corporation for any deviation in the construction of buildings in accordance with the sanctioned building plan, then the builder is liable to face the consequences. In the absence of a Completion Certificate or Occupancy Certificate which is issued by the Municipal Authority on the application of the Builder and if the same is not issued for the said deviation, the apartment or flat will not be regularised/mutated in your name depriving you of all the civic amenities like property tax, water connection, electricity, sewerage connection etc. So, if the housing complex is a registered project of RERA, then file a complaint against the builder before the authority, Otherwise, serve a legal notice to the builder and file a complaint to the Municipal Authority for taking penal action against the builder for the deviation in construction including cancellation of his Trade License. You can also file a Civil Suit against the concerned builder for specific performance before the Civil Court for appropriate relief in the matter. As regards your issue no.2, this is to inform you that an apartment owners association (RWA) is registered by the Housing Deptt of the State Govt. under the Apartment Ownership Act in compliance with statutory procedures and formalities on the application of resident owners of the housing complex. An association registered under the Society Registration Act, 1860, and its byelaws had no role to play in a housing society or to manage the day-to-day function of the housing society/association including maintenance of the housing complex. So to stop the activities of the said cultural society, you need to file a complaint before the Registrar of Society and Firms of the State Govt. under which the society is registered and simultaneously you have to file an application jointly signed by all the resident owners of the housing comlex before the Housing Deppt of the State Govt. for registration of Apartment Owners Welfare Association to take care of the management following the approved Byelaws. For any kind of law and order crisis arising out of these steps,, you may inform the matter to the local PS and the local administration like, DM/SDM, or can file a criminal suit against the r=errant society members u/s.268 and 503 IPC for public nuisance and criminal intimidation. Reach out to an Advocate for guidance and steps.
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