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Membership to Owners Association
02-Apr-2025 (In Civil Law)
I have taken the possession of my villa and have moved into it after clearing all the dues and securing the no dues certificate from the builder. However the villa hasn’t yet been registered in my name as the IRB process got initiated against the builder.
Can the owners association of the project deny me the association membership and the access to common facilities?
No, the owners' association cannot deny you membership or access to common facilities simply because the villa is not yet registered in your name. Since you have taken possession, cleared all dues, and obtained a No Dues Certificate from the builder, you have a legitimate right to be recognized as the owner. The RERA Act (if applicable) and various court rulings emphasize that possession holders with valid proof of payment cannot be denied association membership or common amenities. You may send a formal legal notice to the association asserting your rights, and if they still deny access, you can escalate the matter to RERA, consumer court, or civil court for relief. Let me know if you need assistance drafting a notice or legal action.
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Adv. Edwin Yovanraj
Chennai | 25+ Answers
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