Maintenance charges by society without adding as member
SANTTHOSH SHETTY
(Querist) 04 March 2017
This query is : Resolved
In our society post redeveoplment ne flat purhasers are not yet added as society members due the dispute between the builder and society committee. new flat purchasers were given the all documents to the committee almost 6 months back. how ever society started raising the maintenance bill by mentioning the flat no and not in the name of the flat owners and not yet added them as new member of the society.
can society raise bill and collect the maintenance from flat owners without adding them as member of the society?
Guest
(Expert) 04 March 2017
Maintenance charges are for the usage of amenities and facilities provided by the society and utilised by the resident of the flat, may he be an owner, member or some other person. Membership has no relevance for the purpose of maintenance charges for the upkeep and maintenance of of the fittings & fixtures and the society premises being used by the residents.
Ms.Usha Kapoor
(Expert) 05 March 2017
The Managing committee of Cooperative society must hold AGM or SGM without which if it collects maintenance charges without giving benefit of membership to the payees or members it i s illegal. Such members can complain their grievance either in a court of law or complain to the Registrar WHO WILL RESOLVE THEIR GRIEVANCE.
Guest
(Expert) 05 March 2017
You are welcome.
Kishor Mehta
(Expert) 05 March 2017
Sir,
With due respect, a registered CHS can collect maintenance charges from enrolled members only. In the event of dispute with the builder about the sale or transfer of flats the society has to enroll the builder as provisional owner of disputed flats and collect the maintenance charges from him.
Good luck,
Kishor Mehta
SANTTHOSH SHETTY
(Querist) 05 March 2017
thank you kishore ji for your additional advise.
Hemant Agarwal
(Expert) 21 March 2017
1. Society is lawfully entitled to collect its legitimate "service & Maintenance" charges from its Members and its Non-Members, more so from new Flat-Owners of a Redeveloped Society building.
2. Society is legally liable to grant membership to all the new Flat-Owners of a Redeveloped Society building, failing which the Society becomes prosecutable for negligence and deficiency under the Consumer Protection Act and also under the Indian Penal Code.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Guest
(Expert) 22 March 2017
I differ with the4 opinion of Shri Kishore Mehta.
There should be no two opinions that the Maintenance charges pertain to maintenance of services that a member, non-member or tenant avails. That has no concern with the membership.
It is altogether different, whether the charges are paid directly by the non-member or tenant to the society or are borne by the member, that their own headache to be decided mutually by the member and the non-member.
A question of membership has to be taken up separately, as per the provisions of law, without having any concern, who is liable to pay and who pays the maintenance charges of the society.
