Builder asking more money for maintenance

Under Section: 3(2)(h) of the Maharashtra Ownership Flats Act, 1963, the builder should have informed you and other purchasers, the type of organization (i.e. Co-operative Society, Company or any other) proposed to be formed for the buildings. If you are not aware of it, you and other purchasers can still ask him. If it was a Co-operative Society, as soon as the number of purchasers becomes equal to the minimum number required to form a Co-operative Society, the Builder should have taken all necessary actions to form a Co-operative Society with himself as the member for the unsold flats. After the formation of the Society, the Managing Committee shall be responsible to collect dues from members and pay them. Proper accounts should also be maintained and audited by an approved auditor every year. As you say that there are already 144 members, the Co-operative Society or any other organization, as the case may be, should have been formed long ago. If it has not been done, ask the Builder, why.  You members can now on your own meet together, elect a provisional committee, and initiate action to form the Society. The Builder must be asked to render accounts for the expenditure incurred so far and get the same auditor by an auditor appointed by you. You can meet the Deputy Registrar of your ward and ask for advice. You need not have to pay any further amount to the Builder.

The agreement is only for the cost of purchase of the flat. After the flats are constructed and occupation certificate has been given it is for the members as a community to meet the expenditures. As stated above the builder is only one more member with one vote until all flats are sold. As there are more than one building, if the members so wish, they can form a separate society for each building.

The agreement is only for the cost of purchase of the flat. After the flats are constructed and occupation certificate has been given it is for the members as a community to meet the expenditures. As stated above the builder is only one more member with one vote until all flats are sold. As there are more than one building, if the members so wish, they can form a separate society for each building.