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Members concealed the fact of registration of association, advise
27-Jan-2023 (In Property Law)
Sir/Madam The maintenance money paid monthly by apartment owners in a group of 1093 flats comes to a minimum of 20 lakhs! We are told that the association is not registered. But later it came to light that some owners have signing authority to route so much money and that these owners get monthly an amount of Rs 10000/- for this! This has created doubt that the association has some registration which is not revealed to majority of owners. This is not registered under apartment owners act or societies registration act. Is it punishable if found that some owners got together and registered an association as a no profit no loss company and keeps this a secret from majority of other owners?
On the basis of the information provided, it is prima facie a case of fraud. However any correct and complete assessment can be made only on the basis of scrutiny of related documents like Bank Account details, Bye-Laws and copies of Invoices raised etc.
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It is advisable to convene a meeting for owners and address the issue urgently.The Apartment Ownership Act mandates the registration of the association by the Builder and handing over the original documents to the Association. You can as well file a police complaint against builder for cheating
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Adv. Geetha D Philip
Bangalore | 100+ Answers
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