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Maintenance of flat when membership is not given?

(Querist) 11 May 2016 This query is : Resolved 
I've purchased a flat in a Society which was initially ground plus 6 floors with A-D wings. The Builider sought the FSI for the 7th floor of B, C & D wings.

The possession was handed over by the builder in 2012. Till date the Society has not given membership to the 7th floor residents.

Over and above they are seeking an Indemnity Bond from all members. Why should we give an Indemnity Bond?

For what? Tomorrow we give it and they charge a heavy maintenance from us? They can claim anything from us.

They are not making us the members of the society and charging Maintenance since 2011.

I've told them Once you make me a member and issue Share Certificate I'll pay the Maintenance.

They keep on charging heavy interest every month and the bill comes only on the Flat Number(701) and no name is mentioned on the bill.

Please advise in these circumstances "Should we pay the maintenance when the Committee is not giving us membership and not issuing the Share Certificate?

The heavy interest they are levying on us......

Is it okay as per Bye-Laws?
Hemant Agarwal (Expert) 14 May 2016
1. A Society CANNOT levy any interest to a non-member, since the bye-laws are NOT applicable to non-members.

2. Right to recover any money, is barred by law, AFTER three years. Don't bother about Society membership and continue as usual, since it does not affect any of your rights, in any manner, whatsoever.

Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com


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