Issues in appt society
4 months ago
Dear sir,
In my apartment, two flat owners have their issues with the use of common area provided by the builder. Meanwhile volunteers of the society tried to make them understand and somehow both the parties come to a point of solution. Basically the corridor is the passage of 2 flats which can be accessed by 1 flat owners who puts a gate on dat and used to lock it for a safety reason. Meanwhile the same corridor is facing the bedroom of the other flat owners and a window is there.
In their previous fight it was agreed with the help of volunteers effort that it ll be cleaned in every 15days but if sometimes it is not been cleaned the 2nd person creating issues. Both of them always having issues over the cleaning matter of the corridor. Which is hardly having dust only.
Now the 2nd flat owners started threatening all the volunteers if they ll not help. Since there is no association formed and since both the parties never come to an mutual agreement so volunteers are not getting involved in the matters saying that it's your personal issues.
Both the parties abusing whoever not taking support of them so now volunteers stop taking part on this matter.
Now the one of them has issued court notice with the mentioned name of the other flat owners and mentioned builder and volunteers(no individual name mentioned for builder and volunteers) are not cooperating and helping to resolve the issues.
I am concerned since my husband is one volunteer. Please advise if it will be a issues for any volunteers.
There are nearly 12-16 volunteers are there out of them 2 are NRI. So are volunteers responsible for anything? There is no association formed yet.
The person who has filed court case belongs to defence sector and the other flat owners father is also belongs defence .
In the absence of a registered association, volunteers renders their voluntary services to protect the common interest of all residents. They are neither accountable either individually or severally for their dedicated and voluntary service. Since its a personal issue between the two flat owners regarding use of common space, in the absence of any formal association, Builder is accountable to resolve the dispute based on the conents of the deed of conveyance. When the matter is already litigated before the Court. let the dispute be resolved by the Court.
In the absence of a formal association and considering that volunteers are not officially representing the residents, their individual responsibilities might be limited. Volunteers often assist in fostering communication and resolving disputes, but they are not legally accountable for the personal matters of residents. If the volunteers have not been named individually in the court notice and are not acting on behalf of an established association, they may not bear direct legal responsibility.
However, it's crucial for your husband and other volunteers to document their actions appropriately, ensuring there is no misrepresentation of their roles. They should maintain a record of any communication or efforts made to facilitate resolution without taking sides in personal disputes.
Residents involved in the dispute should consider seeking legal advice to address their concerns through appropriate channels, like a mediation or conciliation process. If the matter escalates, the involvement of legal professionals can guide the resolution process, and volunteers should then consult with a lawyer to understand their specific legal standing in the situation. Clear communication and a focus on resolving the issue amicably would be beneficial for all parties involved.
Thankyou
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