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Resitha Vivek (Stenographer)     07 October 2010

Maintenance on terrace charges

We purchased a flat last nov. The area of the flat is 864 sq ft and it has an adjoining terrace of 846 sq ft (both carpet areas). The terrace area had already been covered by shade (patra) and grills by the previous owner.

We paid maintenance at the rate said by the society, terrace area half of the actual maintenance. However, on checking the leger details, we came to know that the previous owner used to pay lesser maintenance. We wrote 3-4 letters to society secretary regarding this. However, there was no reply. My husband was called in a committee meeting and there the committee members and my husband had some arguments and now they taken it personally and are charging us full maintenance even on terrace area.

I would like to know:

1. If the society committee members viz. Chairman, Treasurer and Secretary can on their own increase or decrease the maintenance by just giving a letter and without calling for any general meeting?

2. If the terrace is covered, is there any rule to charge full maintenance?

3. Maintenance is charged on built-up area / carpet area?

3. If a person names appears 2nd in an agreement, is he/she entitled to hold a post in committee?

Please help me resolve this issue with my society.

Resitha



Learning

 5 Replies

vijay sagar (advisor)     07 October 2010

As per co-op act 1960 and model bye-laws framed under it society should charge equal to all its member and not on area basis.

to increase or decrease the maintenance charges society has to take general body meeting and they can not decide in committee meetings.

persons name appears in 2nd  then he is not eligible to attend the meeting except there is a consent given by the first member. he can be a member but for that 1st member has to give consent 

Resitha Vivek (Stenographer)     08 October 2010

thanx a lot Vijay Sagar Sir.

Sohil (Manager)     20 July 2011

Dear Mr. Vijay Sagar,

I have a query to ask to you.

I have bought the flat in April 2010 in Co-op HS in Mumbai . Before buying the society had collected Rs. 5000 as reparing charges from the exsisting owner. As the society has not spent the money till Jan 2011, all society members demanded the money back.The soceity paid the money to me. But now asking the same back giving the reason that as i was not owner then i cannot be returned to me and that belongs to the society now and not to the flat. I have already paid this amount to the old owner in good faith as he said me this money is unutilised and if it is used it will be of benifit to you. please advise if the stand of the society is right.

If i return the money back to soceity and after 2 months if the society once again takes a call for the repairing work i will have to pay the money once again which was already paid by the old owner.

 

i seek your guidance.

vijay sagar (advisor)     20 July 2011

Dear Sohil,

The shares have been transfered to your name and if any liability is there then society has to ask from you only and if any benefits are there then they have to transfer it to you. Same way they can not ask money from you as they have taken decision to return it to members. So they should not ask the money back once they have returned. If they from each member for repairing the same then you have to pay as per other members contribution

murtaza dalal (PROPRIETR)     31 August 2014

sir are maintenance charges applied for open and close with shade flats having join terrace and what is the calculation?


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