Apartment Owners Legal Rights

Apartment Owners Legal Rights

August 1, 2020|Posted in: real estate

The increasing demand for quality housing in cities has led to the construction of many apartments in Kerala. Living in flats is totally different from living in independent villas. After realising the dream of buying a Kerala flat you should essentially know about some Apartment Owners’ Legal Rights!  

Buying apartments in Kerala comes with their own set of legal rights and obligations. Being aware of the basic set of rights helps in maintaining a healthy relationship between the owner and the builder. Here are some of the apartment owners’ legal rights for Kerala flats brought to you by luxurykeralaflats.com.

  1. Written Agreements

Buying apartments in Kerala is not considered legal unless the sale/lease has a written agreement between the builders and the buyer. It is the basic document to the proof of purchase and the buyer holds the legal right to demand an agreement that is to be countersigned by both parties. If you have bought an under-construction Kerala flat, agreement needs to be procured from the builder as you are required to complete full or partial payment of the apartment while the work is still ongoing. Any disputes regarding completion of the project come under the scope of the agreement.

  1. Apartment Associations

Each apartment owner is legally bound to be a member of the apartment association. The owners’ association is formed for the welfare of the owners & the executive committee takes decisions on behalf of the residents. Every owner has to respect the by-laws if they live in apartments in Kerala

As apartment association members the owners have the rights to:

  • Get a list of the members of the managing committee
  • Obtain reports like the profit/loss details, balance sheet, income and expenditure log of the society 
  • No homeowner should be discriminated against being a non-member of the managing committee.

Normally Builders assist with the formation of the association.

  1. Maintenance and Repairs

Apartment owners’ legal rights protect them from single handedly shouldering the responsibility of maintenance and repairs of the apartment. Builders are required to provide maintenance and repair assistance for a period of time as specified in the agreement. For new Kerala flats, a limited warranty exists which is applicable to certain parts of the apartment. The builder is required to honor this warranty in case of damage before the warranty expires. 

  1. Complaints and Grievances

The redressal of complaints and grievances regarding all matters related to the apartment is the right of all homeowners of Kerala flats. No one can impose unlawful restrictions on a homeowner regarding the use of common areas or facilities. 

  1. Right to Essential Supplies

Water, electricity, sanitary services, etc are the basic rights of all owners of apartments in Kerala and cannot be withheld. The owner has the right to approach the apartments association to resolve this grievance.

 We hope this insight on Apartment Owners’ Legal rights comes of help to you. Book your Kerala flats with luxurykeralaflats.com.


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