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Inaction by the apartment owners' association against complaints
06-Feb-2023 (In Civil Law)
I own an apt, on the ground floor, in a residential complex. Recently, I let this out and the tenant moved in. On the very first day, he complained of an excessive noise from the pumps in the basement. A few of the other neighbors too have been complaining. I too emailed the association office immediately seeking a resolution. It has been over 3 months now, and no concrete action has been taken. The action taken hitherto is that one of the office-bearers is said to have studied the rootcause. Subsequently, the technical sub-committee was forwarded the issue. Inspite of several followups, I have no other update from the association office bearers. My tenant has, now, served me with a notice to vacate the flat. I'm sure future tenants too would have the same/similar issue. And, I don't want to let it out concealing this/any other material fact. For all the suffering my tenant has endured and all the financial impact that I'm going to have to bear, kindly advise the recourse. Thanks
You can send the legal notice to the association asking them to solve the problems and if they do not solve the issue in the specified time, you can seek the appropriate remedies which is available under the law.
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Adv. Sadanand Naik
Bangalore | 200+ Answers
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What is the role of the president in an apartment association?
Vice-presidents assist the president in presiding over the association. The General Body is responsible for the associations overall management, while the Treasurer takes care of the finances. Registration of an apartment association is a crucial step as it provides a legal backing for the management body.
What is apartment Ownership Act?
This law regulates the ownership of apartment and the rights of the owners. According to the Karnataka Apartment Ownership Act an apartment is a property that consists of one or multiple rooms, a kitchen and toilet, as well as a bathroom. 14-Feb-2023
What are the roles and responsibilities of apartment association?
The Apartment Owners Association plays an important role in the maintenance of a community. It offers residents valuable services, resolves disputes, and works for their best interests. AOAs registered under the Society Registration Act of 1960 also have several rights. 15-Dec-2022
How do I dissolve an apartment association?
It is important to send a notice to all members, creditors, suppliers, and any other entities or societies with whom it has entered into a contractual relationship. A resolution of this nature should be approved by a 3/5ths majority vote. According to the rules, the disposal and settlement must be done.
You have an independent right of peaceful possession and enjoyment of your property. If arbitration clause is there in the bye-laws of Association for settlement of disputes we can move that direction. Feel free to contact me for further course of action.
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Adv. Geetha D Philip
Bangalore | 100+ Answers
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You have solution to your problem under karnataka apartment ownership act 1972 and rules there under. You may explore all the remedies there under and then approach the Civil Court for damages, if necessary.
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Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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Issue one legal notice through your advocate to the concerned association head or whoever who is liable to comply it or if you are a member of association of your flat means take the support of other members of the association who are aggrieved and take appropriate action jointly against the person who is authorized to comply it.
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Adv. Rajesh K.S
Bangalore | 500+ Answers
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You can file a complaint if the Association fails to act in accordance with the situation. This is covered by Section 406 of the IPC. You can also lodge a complaint with the Registrar of Societies and request an injunction against fraudulent activities.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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