Collection of monthly maintenance for vacants
Seshagiri Viswanatha Rao
(Querist) 02 June 2012
This query is : Resolved
Dear Advocate/Expert
In the modern trend, a number of apartments are being constructed by the builders and people are opting it almost in all the parts of the country including Andhra Pradesh. A few owners of a complex are arguing they are not utilising it keopt vacant and maintenance would be paid to the society as when a tenant enters or occupies his flat which is causing irreperable recurring loss to the society as a whole. It is for such owner(s) either to occupy himself/herself the complex and they are paying monthly electricity bills water/property taxes and besides this, and as per documentation of registration of a sale deed in favour of any owner, it is categorically mentions the owner has equal share value of undivided landed property in question and as such, it would be appropriate to collect monthly maintenance whether it occupied/unoccupied vacant. It is requested to kindly clarify whether monthly maintenance has to be collected from such type of owners and their refusal to share maintenance and if so under which Act or rule has to be collected as it results recurring loss to any complex as as a whole
Thanks and regards
ajay sethi
(Expert) 02 June 2012
a member is bound to pay maintenance . the mere fact that he is not staying in society is no ground for refusal to pay maintenance. go trhough provisions of cooperative societes act of your state
RAJU O.F.,
(Expert) 04 June 2012
Monthly maintenance charge has to be collected from all the flat owners, irrespective of they occupy the flat or not. Make such provision in byelaws of your flat owners association.
Shonee Kapoor
(Expert) 20 June 2012
Rightly stated.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
