Posts

Guardianship of an Autistic Person – Excerpts from a Lawyer’s Notebook

-
Image
  Shaun the lead character in the Netflix series Good Doctor is a mild autistic person About the Notebook The Notebook is the lawyer's mind and the playground of his thoughts. It is confidential, and it is where a case is built or destroyed.   When the pleadings are scrutinized by many, the notebook claims immunity.   Sometimes, it can critically stare at the lawyer himself, while looking back and re-reading the notes.    This is the case study of real-life characters, of late they are represented as X, Y, and Z, to preserve their identity and privacy.  There is a lot of medical literature on autism spectrum disorder (ASD) [i] , but the legal literature is scarce.  Therefore, it was deemed appropriate to open the lawyer's notebook to reflect on some thoughts, running parallel to litigation that started from a local magistrate court and finally decided by the highest court in the Country Story of Z Z the protagonist, faces a condition medically de...
Post a Comment
Read more

APARTMENT LIVING – A SUCCESS STORY

-
Image
  Joyalukkas Gold Tower, Vazhakkala, Kochi About the Featured image Normally, featured images in this blog are randomly selected from Google Images.   But this time, there is a difference.   It is the image of Joyalukkas Gold Tower, Kakkanad the only apartment building submitted to the provisions of the Kerala Apartment Ownership Act 1983 (Act 5 of 1984 or Act for short).   This article is to tell the story of the apartment building, its promoter, and its association.   The Journey of Gold Tower As in the case of hundreds of other apartments in the State, when it came to handing over the common property management to the association, the first choice was a charitable society without any rights over the property.    However, one of the owners, inspired by a few articles in this blog and other materials advocated for submitting the property to Act. Hectic debates and discussions followed, and finally, owners were asked to vote on whether the as...
Post a Comment
Read more

Apartment Living and Recovery of Common Expenses - A Kerala Experience

-
Image
  Introduction Default in contribution to the common expenses is a very common phenomenon in apartment living.   Tackling this issue is a major challenge faced by owners’ associations, managing the common properties.   Defaults coupled with the substantial time and cost for recovery, would affect the very operation of these associations.    There is no doubt that these bad debts would interfere with the apartment ownership and its value. The maintenance of the common properties has a direct nexus to the determination of the value of individual apartments. The value includes the value upon sale or the rental value. While good maintenance enhances the value, the bad would depreciate it. When looking at apartment ownership as an investment, such a depreciation is the last thing that the owner wishes to hear. Even though the State passed a special law [ii] to preserve the legal status of apartment ownership and for effective management of the common propertie...
Post a Comment
Read more