Building maintenance charges
Mark
(Querist) 01 August 2014
This query is : Resolved
Our building is 20+ years old and has 7 flats (owners). It is yet to be registered as a society. 2 flats on the first floor is owned by 1 individual. For the past 5+ years, the monthly maintenance charges is not being paid by the owner while uses all the facilities like water, parking, common lighting, etc. He also runs his business within the premises. Throws around weight by asking his customers to park inside the building and his driver always parks his vehicle inside the compound. As the members can't afford to keep 2 security personnel, we only have a night watchman.
how can we demand and fix this man's irrational behavior?
ajay sethi
(Expert) 01 August 2014
form society at earliest . you have to file recovery proceedings within 3 years . claim would be barred by limitation
ajay sethi
(Expert) 01 August 2014
please note that you cant disconnect his water connection as it is essential service . issue legal notice and let association take recovery proceedings
Guest
(Expert) 01 August 2014
Avoid troubles, which you can expect after disconnecting essential services.
About maintenance charges, if your rental agreement did not contain any such provision you can't ask for that. But, if you do not intend to form any society and you have to renew your rental agreement in near future wait till that time. Revise the rental agreement by including the maintenance charges. If he does not agree, don't renew your rental agreement and issue eviction notice.
About business business being run by your tenant, it is not understood, how he is running a business in the residential portion without converting that part of the property as for commercial use?
In order to put restriction on parking outsider's vehicles, you can put a big board with instructions, "Vehicles of outsiders not allowed within the bulding premises and if found parked inside the premises of the building would be handed over to the police. Such outside vehicle owners can also be liable to be sued in the court of law"
Mark
(Querist) 01 August 2014
Thank you Mr. Ajay & Dhingra sir.
We were advised that a society can be formed consisting minimum 7 members. We are only 7 flat owners and he & his wife being owners of these 2 flats. It has become a sure stopper for us to form the society due to this man's disagreement. While he is throwing around weight due to his past indifference with the ground floor owner (personal). We have moved in 2011 and trying to revive the up-keep of the building.
I hope these facts will help you to advise us rightly.
Guest
(Expert) 01 August 2014
Thanks for your appreciation. No chance if you cannot arrange for the required minimum strength for forming a society. So, no more to add or modify in my previous reply.
Mark
(Querist) 01 August 2014
Thank you sir.
We are trying our best to convince this man so that we can form a society; for the mutual benefit.
Guest
(Expert) 01 August 2014
You are welcome.
G. ARAVINTHAN
(Expert) 01 August 2014
Without forming a society you can neither stop him from making nuisance nor claim anything from him towards maintenance
Guest
(Expert) 01 August 2014
Since they are the owners of 2 flats, how and in whhich capacity you can claim maintenance charges from them or to restrain their customers not to park the vehicles in the common usage area for those owners also?
Rajendra K Goyal
(Expert) 01 August 2014
Forming the society is the way to overcome this problem.
Explore the possibility for taking individual water connection for each flat.
