Monthly maintenance charges
Sanjay Mote
(Querist) 05 September 2014
This query is : Resolved
A. Our's a new society,formed 3 month's back. We all have paid 2 yrs. maintenance charges to the builder at the time of registration/possession. Most of the people completed 2 yrs from the possession. But some have not. And the builder has handed over the A/C s with 22 Lakhs deficit while handing over the CHS.
Society called for Special AGM and decided/resolved to charge Rs. 3/- per s.ft. towards monthly maintenance. There were objections from the members who have not completed 2 yrs. since possession.
But CHS reminded all members that the builder has not handed over a single rupee and we have to run the society smoothly with daily business of water supply, electricity, security & maintenance of different common facilities. Every member has to pay for now and the matter of not completing 2 yrs. will be taken up separately with the builder.
When the CHS contacted builder with a proper letter and list of memebers, mentioning that some they have not completed 2 yrs. whereas, they have paid you maintenance charges for 2 complete yrs. CHS received a reply that the maintenance is not done on individual basis but society as whole. They asked us to calculate the A/C s on monthly basis and see what is left over in individual's A/C. We are yet to do it. Evenif we do it, from where we will be able to compensate them?
Question is whether the CHS was right in asking maintenance charge from even those members who have not completed 2 yrs. but paid for 2 yrs. to the builder?
2. Whether builder is right when they say that they have maintained society as a whole and not individual flat?
Because different people bought flats at different times. In fact, in our 2nd building, all have completed only 1 yr. since possession and in 1st building 30-40 % did not complete 2 yrs. Our society has 2 buildings.
B. Secondly, there are some flats vacant in the 2nd building. When we sent a maintenance bill to the builder for these vacant flats, then they have returned it by saying they will adjust in the A/C which they submitted at the time of handover. (22 Lakhs deficit).
Does the same not apply to the builder which we applied to the members who have not completed 2 yrs from possession. The builder has not paid a single rupee and we need to maintain society for daily business so all have to pay maintenance charges every month.
Sanjay Mote
(Querist) 05 September 2014
Please give your valuable advice. I am personally grateful to you all for this wonderful website and help your all extending for free. Great!!
Me a poor guy taking advantage of the technology to solve all critical problems through you :-)
Devajyoti Barman
(Expert) 05 September 2014
meet a local lawyer and show hi all relevant papers and take detailed advice.
Sanjay Mote
(Querist) 09 September 2014
Thanks to everybody. We will get in touch with a local lawyer.
