Dear Sir, We have taken flat in D Building in 2012. A,B C building was formed in 2008 , but D Building construction started in 2010. We have registered in 2010 & we have forcefully taken occupation of flat in 2012 as Builder only have FSI for 10 flats & he was searching for TDR for another 18 flats which he did not get in time. He got the TDR in 2016 & he started construction of floor in November 2016 & progressively he is sailing the flats & giving occupation. But we did not get the completion certificate which we will get after completing the balance building by Builder. A,B C Building form society & convince dead was done in 2016. Now other building asking society maintenance from us from 2012, but we still not received the completion certificate & also we have paid one time maintenance charges to Builder. Also A,B & C building maintenance was managed by builder till 2012. Can you please tell us what is law for society maintenance? also our building do not have lift , but other A,B,C building having lift. Common electric meter bill of our Building also been paid by builder. We are not paying the society maintenance charges as we are asking to take maintenance charges on prorated basis. Now they are sending us the society maintenance bill every month & also asking to pay the late fee charges. Please guide us in details.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
1)is one society formed of all 4 buildings?
2)from facts stated by you it appears that conveyance deed has been executed by builder in favour of society consisting of only A , B ,C building
4) members of your building can form separate society
5)you are not liable to pay society maintenance charges as your building flat owners are not members of said society
1) D building is not in the A,B & C building society formation, but what will be impact if we formed separate D Building society, what is the issues related with common space & amenities utilization. 2) Yes, we are not member of that society, but we are using the some common space & which maintenance are doing by the A,B C society. Can we asked Builder to pay the maintenance charges which they are asking, also they should charge us the prorate basis charges. 3) Can you please inform me the what is the service charges & taxes on the society maintenance. 4) Is their any law that before completion certificate there should not be any maintenance charges are liable on the flat owner? 5) can you give me the complete details of Society maintenance law. Give more clarity so that I will take up this matter with society people & if possible send than notice through lawyer.
ask the builder to form separate society for D building
2) only after OC is issued and builder delivers vacant possession of flat would he form OC
3) ask the builder to resolve issue with the society
4)society charges property taxes, sinking fund , repair fund , insurance charges , service charges
5) builder cannot deliver possession to flat owners before issue of OC . it is illegal to do so
1) D building is not in the A,B & C building society formation, but what will be impact if we formed separate D Building society, what is the issues related with common space & amenities utilization. 2) Yes, we are not member of that society, but we are using the some common space & which maintenance are doing by the A,B C society. Can we asked Builder to pay the maintenance charges which they are asking, also they should charge us the prorate basis charges. 3) Can you please inform me the what is the service charges & taxes on the society maintenance. 4) Is their any law that before completion certificate there should not be any maintenance charges are liable on the flat owner? 5) can you give me the complete details of Society maintenance law. Give more clarity so that I will take up this matter with society people & if possible send than notice through lawyer.
Hello,
Ask the builder to resolve the issue with the society and ask him to form a different society for block D.
Regards
It is illegal to issue possession to flat owner before getting the OC.
Regards
Since you have not been given the CC or OC, you may demand the society to procure the same first and demand maintenance after that.
They society cannot refuse to provide basic amenities, you can obtain injunction against them seeking to restrain them from indulging in such illegal activities or issuing threats.
1. You all can form a separate society without their support.
Their demand for maintenance retrospectively is unjustified
2. Yes you can try this option also.
3. There is no service charges for maintenance of immovable property.
4. If the construction is yet to be completed then there can be no maintenance for the incomplete building.