Society Maintenance
2 years ago
Our society building got OC 4 years back. First 2 years, the builder was looking after society maintenance. Two years back, the builder handed it over to society. But some members of the society to date has not been taken possession of flats. I have the question: Can society recover maintenance charges from such flat owners? If yes give a legal reference.
A.Dear Client,
It is a settled principle of law that the owner has to pay the maintenance charges whether the flat is occupied or vacant, if the bye-laws of your society require you to pay them. Society can impose a reasonable penalty if they have made a rule to that effect. Otherwise, they can initiate legal proceedings against you to recover the dues with interest and claim the legal expenses.
It is a settled principle of law that the owner has to pay the maintenance charges whether the flat is occupied or vacant, if the bye-laws of your society require you to pay them. Society can impose a reasonable penalty if they have made a rule to that effect. Otherwise, they can initiate legal proceedings against you to recover the dues with interest and claim the legal expenses.
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A.Dear Sir,
When flats not being used by the owners then there is no question of collecting maintenance charges.
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A.Dear Client
Once a flat is handed over to the residents/owners by the builder then it is the owners' responsibility to ensure the maintenance of the apartment. Maintenance is taken for maintaining the common areas and logically speaking every unit holder regardless of handover or not must pay the maintenance. The legality to the payment can be added by having such rule made in the society bylaws.
Once a flat is handed over to the residents/owners by the builder then it is the owners' responsibility to ensure the maintenance of the apartment. Maintenance is taken for maintaining the common areas and logically speaking every unit holder regardless of handover or not must pay the maintenance. The legality to the payment can be added by having such rule made in the society bylaws.
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