ENCROACHMENT OF RAJA KALUVE BY BUILDERS


A NEWS REPORT BY TV 9

5 thoughts on “ENCROACHMENT OF RAJA KALUVE BY BUILDERS

  1. Dear Sir,

    My apartment is 9 years old now in Bangalore. So far No Apartment association is formed by the builder. Now the builder informed all apartment members to form an Association yourself and collect the documents. But the Builder is not ready to form the Apartment Owner’s Association .

    Mainly the building plan is for Single bedroom and constructed Double Bed room. In 4th Floor, the builder had constructed unathorised party hall and 2 BHK building.

    The builder constructed all the 16 apartment Buildings total Deviation is more than 60%. In future the Akrama Sakrama will be regularize

    Some of the apartment members are ready for forming the association. My question is for Registration of Apartment owners Association all the apartment owners signature is required or majority of apartment owners is required. Please advise.

    Can can register the apartment association is good (safe) . Mainly some apartment members are thinking that for registration of aparmtent association more money is involved like that they are thinking. Which is best Please advise.

    Awaiting your valuable reply.

    Thanking you Sir,

    Raman

    1. Apartment Owner`s Association is a MUST to look after the day to day maintenance of the property. Majority of the owners consent is required and the builder must hand over all the original documents to the association. Builder need not form the association. Akrama-Sakrama is still in the court and cannot predict the outcome. It is also learnt that if the High court clears it, there are parties, who might approach the Supreme Court to redress their grievances.

      Regarding the construction of two bedroom apt, wherein the sanctioned is for one BHK, if the builder had constructed it within the prescribed FAR, there might not be any serious concern. It is better to check with an architect to arrive at the exact percentage of deviation. Check the legal opinion obtained by you before the purchase of the property.

  2. Sir, mainly the doubt is whether we can register the apartment association is good (safe) for legal matters ? . Mainly some apartment members are thinking that for registration of apartment association more money is involved like that they are thinking. so simply form the association is OK or after formation of association we have to register.

    Which one is good ? Please advise.

    Awaiting your valuable reply.

    Thanking you Sir,

    Raman

    1. Apartment Owners Association is important for the maintenance and also to obtain all the original title deeds from the developer. There will be expenditure for the formation, which everyone has to bear and it is advisable to have a statutory and legitimate body, though, it might be expensive. Forming an association without obtaining the statutory approval (registration) is of no use.

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