Can society ask for additional maintenance charges
Niranjan Chaitanya
(Querist) 15 April 2025
This query is : Resolved
Hi Experts,
I bought a flat in phase 2 of construction. Builder has taken 2 years maintenance in advance and handed over building to existing society.
Now society has calculated some maintenance charges and adjusted amount with paid to builder which comes to 1.25 years of maintenance.
Now society is saying your advance funds paid to builder are consumed because of high maintenance changes. Now you need to start paying maintenance from coming month even though two years are not finished.
Can society ask for such funds? Society is saying they did the same thing in their case.
Can someone guide me when I have paid two years advance to builder and mentioned in agreement to sale
can society over ride this and ask for maintainance charges?
kavksatyanarayana
(Expert) 15 April 2025
What are the rules and conditions of the society regarding the maintenance charges?
T. Kalaiselvan, Advocate
(Expert) 16 April 2025
You cannot avoid paying the society demands.
You may have to abide by the bylaws of the society.
You may pay this amount and issue a legal notice to the builder to return this amount since he has already collected the same , failing which you may file a money recovery suit against the builder, however please confirm if the builder has paid the entire maintenance amount collected from you to the society, if yes, then you may have to ask the account from the society for charging excess amount and demand the bylaws for changing the maintenance amount.
After that you can think about initiating legal steps if required
Dr. J C Vashista 
(Expert) 16 April 2025
Maintenance charges for all flats of the society is prime responsibility of its Managing Committee / RWA / Office bearers, which is applicable to all owners and not alone for your flat;
or
There is demand solely (only) from you ?
