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Amsin Almeida (TL)     10 December 2014

Maintenance charges and unformed society

Hello Sirs,

I am a resident of an unformed society from the last 7 years. I have been paying the maintenance charges as requested by the society members from time to time. CHS was never formed so honorary secretary and treasurer maintain the society and pay respective charges for Water tax, Sweeper charges etc.

The unformed society in question consists of 2 buildings. Whenever any kind of repair work is carried out I've not been informed of the same nor are any quotations disclosed ever. I have no statement of accounts of how the maintenance paid is being utilized from the last 7 years. Even if there are meetings held internally, I'm not informed of the same and decisions are taken without my knowledge.

The secretary takes decisions about repairs without my knowledge or consent. I have complained about issue with the main pillar of the building being cracked as i reside on the ground floor and repair being required urgently however I'm always told that there are no funds but repair work is always carried out in the second building where the secretary resides.

  1. Is there a way I can request for all details of accounts paid towards repairs and bills paid from the secretary?
  2. What other information should i be asking for from the secretary towards all charges incurred by the society?
  3. is it in my best interest to stop paying maintenance till the time I get the above details?

I feel that money is not being utilized properly and feel cheated as well.

Please help. 



Learning

 3 Replies

Anil Agrawal (Retired)     11 August 2015

Can a society charge parking fee from owner and tenant at different rates.

rakhi   12 August 2015

Dear Expert, 

The co-operative society in which i own a flat has recently been divided and a new socirty registration number has been given. THe different socirty registration was under the pretex of many defaulters from the same wing. The new society has not held general elections, also no balance sheet has been discussed in the past two years, and by previous society for three years before that. i had rented my flat for 11 months earier, and have now already signed an agreement for another 12 months with a group of bachelors. the so called commitee members had harassed me in the last leasing until i gave them Rs. 5000/- as decided in unformed society meeting. this time i gave them the cheque, but they ask for painting funds which i kept pending because the building funds decided in the meeting was Rs.27,00,000/- had upgrded to Rs.37,00,000/- within a gap of 1 year,( three out of four secretariesof the society so far have left without a trace to contact them). Can such a formed and functioning  society deny the tennats entry after agreement and police verification. i had informed the society on 08/08/15 about the registration to be done on 10/08/15 evening, any objections could be raised before that. on 11/08/15 when i went to give a copy of the agreement the copy was not aceepted.

kindly guide.

Rakhi 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     14 August 2015

There are three queries asked under the same post with no response from anybody. The first one was 8 months ago and hence I feel that there is no point in giving a reponse.

The second one does not give any back-ground information. Hence the reply is "yes". The reply may change if more information is given.

The third query: If the Society was divided there must be more than one Society now. If no elections have been held in one or more of the new units there would be no Managing Committee. You need not pay anything to anybody. In the absence of Committee and Committee members no one has the right to deny entry to a tenant or anybody else.


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