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Apartment Owners Association

Courtesy/By: Deepshikha Thakur | 2021-01-05 20:33     Views : 313

For uninterrupted maintenance of any housing society, there should be an association of apartment owners, and that apartment owners Association must be registered. The objective of the Association is to act as an Association of apartment owners of the housing society and invest or deposit money. The Association provides for necessary Changes that are needed for the betterment of the apartment, they contribute to any repair, maintenance, replacement of facilities that are needed for the common areas in the apartment. To maintain, repair, or replace the facilities they can raise a loan too. Any rules that are framed for the betterment of the apartment need to be approved in the general meeting of the Association and only after the competent authority agrees to such rules it can be enforced. For the benefit of the employees of the Association Provident fund and gratuity fund can be established but only after consulting the competent authority. The Association Along with individual or institution establish physical, educational, social, and recreate activities for the benefits of apartment owners and they do all the necessary things that are required and provides for their welfare experience for the attainment of the objects.
The apartment owners Association has the responsibility of administering the condominium. They collect monthly assessments, approve the annual budget, arrange for the management of the condominium. For an annual or special meeting, the place and date of the same are decided by the apartment owners Association. They also send notice of meetings through mails or notice by the secretary is provided which contains timing, please, and purpose of the meeting.
Any member of the Association forges, steals, or causes any loss or damage to the Association, he will be liable to be punished and the Association will have the right to take any legal action against the guilty.
Another benefit for the apartment owners Association is that they can file a case against the builder if the builder has committed fraud or has cheated people. Andy property buyers have been offered low-quality construction and the builder is not responding to the complaints and has failed to keep the promise. In such a case Association can issue a notice to the builder before they approach the court or take any legal action, the notice Well address the problems like delays in the project and compensation for losses if the quality of construction is poor. The Association should retain the proof of sending the notice. The Association can lodge a police case in case the builder does not respond to the notice and the police can invoke section 107 of the code of criminal procedure, 1973. The proceedings regarding this will be taken before any executive magistrate.
A criminal case can be filed against the builder for breach of contract and cheating. He can be tried under sections 406, 407 and this will be read with section 415 and section 420. The sections mentioned before deals with punishment for criminal breach of trust, criminal breach of trust by carrier, cheating, and cheating and dishonestly inducing delivery of property.
The Association can also file a consumer case in the case where the builders are not complying with the statutory obligations. A single case can be filed against him on behalf of every member and the complaint miss to be written with date-wise facts preferably.

 

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.

Courtesy/By: Deepshikha Thakur | 2021-01-05 20:33