Flat culture is not free from problems

Ensuring housing facility is important among the five basic human rights. Out of the five basic rights, food, clothing, and shelter are the essential basic needs or rights. In other words, if these three rights cannot be ensured, it is not possible for humans to survive. One can survive without education. Though such a life would be akin to that of animals, still, a person can remain alive without receiving education; but without food, clothing, and shelter, survival is absolutely impossible. That is why, after fulfilling the needs of food and clothing, a person considers the matter of a secure shelter. At one time, people used to build their own homes; but now times have changed. People are now leaning towards flat culture.

City dwellers now have no alternative to living in flats. There are many complications in buying land and constructing a house on one’s own. Once construction begins, extortionists surround the place. Sometimes, builders have had to lose their lives to criminals due to refusal to pay extortion money. For these reasons, those who own land often do not take the initiative to build their own homes; rather, they enter into contracts with developer companies to have buildings constructed. After the construction is completed, the developer company and landowners become owners of specific number of flats as per the agreement. Those who have land but do not want to face any hassle consider flat construction as the easiest method. The developer company bears all the expenses of construction. In return, they receive ownership of a certain number of flats. These flats can be used personally or sold or rented out. And the landowner receives a certain number of flats in exchange for their land.

After a non-revocable power of attorney is signed between the landowner and the developer company, the previous landowner loses ownership rights. Unless the developer company violates any major condition of the agreement signed with the landowner, the previous owner will never regain ownership of the entire land. Even if the previous landowner claims ownership in any court, the claim will be disregarded.

Flat culture in our country essentially began in the 1990s. After that, it rapidly expanded. At one time, the trend of constructing apartment buildings and residing in them was only seen in the capital; now it has spread to district towns as well. In these towns too, many people are now constructing buildings with flats through developer companies rather than building homes themselves. At one time, during the purchase, only the flat was registered in the name of the buyer. But this led to problems. If the flat is not purchased with the land or if the flat and land both are not registered together, ownership of the land would revert to the developer company after 99 years. This is because, under current land law, the lifespan of a building or flat is 99 years. After this time, the building’s lifespan ends. So now, land is also registered proportionately with each flat. However, the registered land is not specified. The deed states that the buyer owns a flat of a certain square footage and an undivided and unidentified portion of land.

This form of documentation ensures that flat buyers cannot be deprived in the future. If in the future the current flat is demolished and a new one is built, the concerned flat owner must be given ownership of a flat of a specific size and a proportional share of the land. This rule applies equally to flat buyers and former landowners. Since the former landowner loses ownership of the land, they are allotted a specific number of flats, as previously mentioned in the agreement with the developer company. Both the former landowner and the flat buyer are owners of the flat and the land. One receives the land and flat by inheritance. And the other becomes the owner of the land and flat by purchase. The matter is more like this - the developer company 'donates shoes by killing a cow' to the former owner of the land. And the buyer buys shoes in exchange for money. Both are the owners of the shoes.

If a building or flat is constructed under individual ownership, it is often not possible to maintain architectural elegance. Owners typically try to cut costs. But when buildings and flats are constructed by developer companies, they always aim to build visually appealing buildings to enhance their reputation in the future. Flats bring together people of different professions and social classes. As a result, there is potential for a wonderful society to develop. If all the flat dwellers are educated, cultured, and tasteful, then each flat building can turn into a flower garden. But in most cases, various problems cause suffering for flat dwellers. Some decisions should be made with utmost care. While arranging marriages for sons and daughters, financial status, social prestige, and lineage of the bride or groom must be considered. And while purchasing land or flats, the deed rights, possession rights, and surrounding environment must be thoroughly examined. When purchasing a flat in a flat building, one must inquire well about the neighbours. If the neighbours are not good, regret will last a lifetime. And if the neighbours are good, nothing could be more joyful. There can be no one more unfortunate than someone whose neighbours are not safe from their hands or words.

Even if people do not get to eat to their fill, at the end of the day they want to return home and sleep in peace. But if the neighbours are not kind and generous, your day’s labour and night’s sleep may be ruined. Human life is short. No matter how powerful a person is, death is inevitable. Death is a reality that everyone must accept. But the most ironic part is that even though everyone knows this, no one wants to remember death. Every human being is mortal. The last Prophet Muhammad (PBUH) gave special importance to the rights of neighbours. It has been said to check on the neighbours of up to forty houses before sitting down for dinner at night. A person who eats his fill while his neighbour remains hungry can never be a true believer. One day the Prophet (PBUH) was describing the rights of neighbours to the Sahaba present. He described these rights so emphatically that the Sahaba became alarmed. They thought that perhaps the Prophet (PBUH) was going to declare the neighbours as heirs to one’s property.

Those who live in flats should be more conscious of the rights of their neighbours. No action should be taken while living in a flat that may cause harm to neighbours. Among flat residents, some people find joy in causing distress to others. This is especially evident among many former landowners, who often display a kind of arrogance. They behave as if they still own the entire land and the flat buyers are outsiders or objects of their pity. They cause problems in various ways. Sometimes, they even withhold common service charges. This causes problems in paying utility bills. They consider themselves landlords. But under Bangladesh’s land law, there is no such term as ‘landlord’. Whether accepted or not, they try to cling to important positions in the apartment owners’ association.

Once I attended a meeting of flat owners in a nearby apartment building. The former landowner had received 25 flats in the building. He claimed that his vote count in the association should be 25 — one for each flat. I told him that votes are never determined based on the quantity of property. Votes are determined by the number of owners. Since all 25 flats are registered under his name, he is entitled to one vote. If the ownership of these 25 flats were divided among multiple people, even 25 individuals, then they could have 25 votes. But he refused to accept my reasoning. I tried to explain to him that there are many people in the capital who own multiple houses or flats, but that does not mean they will have multiple votes in national or local elections. But he would not budge from his position. No immediate decision was taken on the matter.

The well-being of flat owners depends largely on the honesty and trustworthiness of those who hold editorial positions in the executive committee of the flat owners’ association. Violating people's rights or breaching trust is a severely reprehensible act. But for those who try to earn money through corruption, human rights have no value. As a result, in some cases, inflated expenses are shown in the purchase of various materials.

Living in a flat can be extremely pleasant if every resident behaves justly. If no one tries to harm another. As the saying goes, the bond of blood is not eternal. Out of self-interest, even someone bound by blood can become estranged. Conversely, someone unrelated by blood can become your own. This sense of closeness depends on a person’s morality and integrity.

MA Khaleque: Retired banker and writer on economic affairs