Maintenance bill raising by society and shop owners service charges issue

SANTTHOSH SHETTY (Querist) 22 July 2016 This query is : Resolved
I bought flat in redeveloped building in 2013, which got OC, and i got possession in May 2014. building has conveyance. now in July 2016 builder is getting us added as member in the same old society and not forming new society.Old society as it is will continue and thier MC members.

1. being added now as member which process is under way, can society raise monthly maintenance to us or not.can society raise bill as provisional members till the completion of formalities. we have submitted only form no 23 till date.

2. we have 21 flats and 7 shops in the building. Ground floor Shop owners are refusing to pay the monthly service charges equally by way of common electricity bill, Lift maintenance watchman salary and sweeper salary.as per bylaws same to be divided to all.can they refuse and get order from registrar or from court. pls share some case studies on the above matter.
Kindly suggest

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Guest (Expert) 22 July 2016
Is there any specific reason for not asking the management of the society about maintenance charges?

Also is there any specific reason on account of which you feel you can be exempted from the maintenance charges, which the society incurs for and on behalf of the residents/ flat owners?

SANTTHOSH SHETTY (Querist) 22 July 2016
thanks for your quick revert

i am one of the flat owner & not shop owner and i don't have any specific reason for asking the above 2 questions.
in fact i feel good if society MC can raise the bill monthly rather than keeping pending and raising huge amount of pending bills being i am a salaried person.

shop owners are the opinion that they are not suing the lift. hence they are not to be charges.
pls share if any case specification on the service charges sharing by all the members

Guest (Expert) 22 July 2016
For that you can give your suggestions to the MC of the society.

SANTTHOSH SHETTY (Querist) 22 July 2016

PLS suggest answer for q no 2

we have 21 flats and 7 shops in the building. Ground floor Shop owners are refusing to pay the monthly service charges equally by way of common electricity bill, Lift maintenance watchman salary and sweeper salary.as per bylaws same to be divided to all.can they refuse and get order from registrar or from court. pls share some case studies on the above matter.
Kindly suggest

Guest (Expert) 22 July 2016
It is a local dispute of residents with the management of society. Better deal locally to come out with some amicable solution. maintenance charges cannot be borne by the management to make the residents availa free facilities unless sufficiently funded by the residents and dues are paid. However, if some one wants to take the mc in the court better hire some capable lawyer.

adv.bharat @ PUNE (Expert) 22 July 2016
U can form society to resolve this issue. TWO separate society can be formed in same survey no.

Kumar Doab (Expert) 22 July 2016
You can benefit from the advise of experts.

Try to resolve amicably.

Rajendra K Goyal (Expert) 23 July 2016
1. Yes, society can charge maintenance.

2. They should pay as per bye-laws.

SANTTHOSH SHETTY (Querist) 23 July 2016
thanks all for your valuable input. these inputs will definitely help us to take decision.

Kumar Doab (Expert) 23 July 2016
You are welcome.

It is indeed good to see that some authors do come back to post thanks for experts.

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