Corpus Fund not paying by Builder for his flat in same apartment
4 months ago
Sir, Builder is having one flat at pent house (unauthorized), monthly maintenance is paying, but he is not paying the corpus fund, saying it is not applicable for Builder. However, he is enjoying all the facilities equivalent to other flat owners. He is saying he will not give corpus fund as it is not applicable for Builder? Is there any law for not paying this....?
A.Dear Client,
It is not clear from the contents of the query whether a society is formed by the flat owners and registered under the relevant State-specific Act. In housing societies, the corpus fund is collected by the developer at the time of the purchase of the flat and once the society is formed, he has to hand over the corpus funds to the managing committee of the Society and the Builder being the owner of a flat lost its distinct character and equally governed by the bye-laws of the Society along with all other flat owners. Accordingly, being a flat owner, the builder is liable to pay corpus funds along with other flat owners which are required for a specific purpose. So, on the refusal by the Builder to pay the corpus fund, the Society after taking a resolution in a GB meeting shall bring the matter to the notice of the Registrar or Deputy Registrar of Cooperative Society for a resolution/order in the matter failing which Society may move the matter to the Cooperative Court for an appropriate order.
It is not clear from the contents of the query whether a society is formed by the flat owners and registered under the relevant State-specific Act. In housing societies, the corpus fund is collected by the developer at the time of the purchase of the flat and once the society is formed, he has to hand over the corpus funds to the managing committee of the Society and the Builder being the owner of a flat lost its distinct character and equally governed by the bye-laws of the Society along with all other flat owners. Accordingly, being a flat owner, the builder is liable to pay corpus funds along with other flat owners which are required for a specific purpose. So, on the refusal by the Builder to pay the corpus fund, the Society after taking a resolution in a GB meeting shall bring the matter to the notice of the Registrar or Deputy Registrar of Cooperative Society for a resolution/order in the matter failing which Society may move the matter to the Cooperative Court for an appropriate order.
Helpful
Helpful
Share
A.Dear Client,
In the situation where a builder owns a flat in the penthouse and is paying monthly maintenance but refuses to contribute to the corpus fund, legal recourse may be available. While there may not be a specific law stating that builders are exempt from contributing to the corpus fund, it often depends on the terms outlined in the apartment association's bylaws or the builder-buyer agreement.
To address this, you can review the association's bylaws to understand the provisions related to corpus fund contributions. If there are clear guidelines mandating contributions from all flat owners, including the builder, you may consider discussing the matter with the association and highlighting the applicable rules.
If the builder continues to resist, you may seek legal advice to explore potential legal actions or remedies. Consult with a lawyer experienced in real estate or property law who can analyze the specific terms of your agreement and association bylaws, providing guidance on the best course of action to ensure fair contributions and compliance with established rules.
Thankyou
In the situation where a builder owns a flat in the penthouse and is paying monthly maintenance but refuses to contribute to the corpus fund, legal recourse may be available. While there may not be a specific law stating that builders are exempt from contributing to the corpus fund, it often depends on the terms outlined in the apartment association's bylaws or the builder-buyer agreement.
To address this, you can review the association's bylaws to understand the provisions related to corpus fund contributions. If there are clear guidelines mandating contributions from all flat owners, including the builder, you may consider discussing the matter with the association and highlighting the applicable rules.
If the builder continues to resist, you may seek legal advice to explore potential legal actions or remedies. Consult with a lawyer experienced in real estate or property law who can analyze the specific terms of your agreement and association bylaws, providing guidance on the best course of action to ensure fair contributions and compliance with established rules.
Thankyou
Helpful
Helpful
Share
Read Related Answers
Taken money for providing jobs but now he is now is refusing to pay the money.
Dear Client,
Transaction of money between the parties for an illegal purpose itself makes both parties face criminal prosecution once the matter is brought to the notice of the Police or the Court. So...
Quashing fir viket madsodu hege
Dear Sir,
You have to file application under Section 482 of Cr.P.C before High Court. First try for interim order for staying further investigation thereafter try for entire quashing of FIR.
I am an obc category at central level
Dear Client,
Yes, you can apply for a caste certificate based on your OBC (Other Backward Class) category status even if you were not issued one by your parents before marriage. Your marital status,...
Water wastage complaint
Dear Client,
In the given scenario, simply make a written complaint with video clips about the waste of water negligently and intentionally by your neighbor to the concerned Municipal Authority to fac...
CCTV on common staircase
Dear sir,
You may approach High court summary and immediate relief in respect of alleged criminal case. You may also get an order against your neighbor to remove such CCTV which is installed above you...
Read Blogs on Civil
Civil Lawyers
Find Lawyers by Location
