Apartment owners association-transfer fee, membership fee
Thomas Benjamin
(Querist) 25 April 2015
This query is : Resolved
We like to get an expert opnion regarding the Transfer fee and membership fee in a Apartment owners byelaw.The clause regarding the membership in the first meeting was as follows:-
“ The owner or his/ her spouse, son/daughter as may be decided by each residential apartment owner in the building viz.; LINK HEIGHTS shall hold membership in the Association and shall constitute the general body of the Association. The membership shall be compulsory. In case of sale or transfer of ownership of apartment, the membership of the Association will be deemed to have been automatically transferred from the seller/transferor to the purchaser/transferee. “
In last AGM, the above clause was changed and decided to collect Rs25000 from new buyers as Transfer Fee. We challenged. Association has no right to collect Transfer fee. because,Association’s duty is to manage the maintenance &staff,for which Association is collecting the monthly maintenance fee.
Now the Association is going to ammend the clause as “It is mandatory for each and every NEW BUYER in LINK HEIGHTS to become Member of the LINK HEIGHTS Apartment Owners Association by payment of Non-refundable Membership fees of Rs. 25,000/- (Rupees –Twenty five thousand only)”
We like to get an expert opnion regarding
1.Charging of transfer fee of a maintenance managing association to a new buyer
2 Is it correct procedure of changing the automatic to a paid membership transfer in a association like us?
3.The new buyer is not ready to take the membership, but ready to share monthly expenses.Is it correct the usage of "Mandatory" to anew buyer.
Thanks with regards
BAALASUBRAMANNYAMM
(Expert) 28 April 2015
Every collection of single rupee from the residents of a building, should be shared for the purpose of maintenance ( which includes administration of an office and building maintenance )of the building. Such a collection, should not be hurdle for any resident of an apartment,even though several agendas passed. If such a decision of the Owners association, creates any inconvenience to any resident, can approach a proper forum for redressal.
