Hello. The maintenance committee (unregistered) for my apartment is threatening to discontinue the elevator in the building to the floor I live in. This is because they are demanding more money, above and beyond the normal maintenace charges (which I regularly pay) with some made-up excuses. They have scared every other flatowner into paying this, because they're mostly old or lonely people who don't want any trouble. What can I do?
The RWA can collect the normal maintenance but in case there is any extraordinary expenses required , the proposal should be passed in the EGM by the members of the committee.
The RWA members can not take any decision based on personal agenda.
If you along with the other flat owners and complain the autocratic behavior and unfair decision to the Registrar of societies and request for the direction.
The very most and confirmed things which you can do bring a suit against him.
But effective and better solution is visit the maintainence office check the register where the money details (maintainence ) is mentioned and calculate the same or take the photocopy by any manner possible
Or prepare a complaint against committee get the same signed by everyone in the society get it received by police and also file an FIR that committee members are threatening soceity members for more money.
Has the issue been placed before AGm .
2) has any resolution been passed in AGM for payment of higher maintenance
3) then only association can demand higher maintenance
This is out and out an attempt to extort money from the flt owners.
The maintenance committee even on majority decisison can not be stop a member or flat owner to have access to common facilities or amenities on non compliance of its directions.
So do not worry as the committee under no circumstances discontinue the usage of elevator by the flat owners.
if there is nevertheless imminent possibility of such actions you can seek leaglrecourse whereby the committee would be debarred from doing so by an order of injunction.
1. Such charges to be collected from the members of the society is decided after passing a resolution in the AGM.
2. If the resolution passed in the AGM mandates you to pay the said amount, then you are liable to pay the same unless it is very absurd.
3. In your case others are already paying the said excess amount.
4. since the Society is unregistered, you can not lodge complaint to the registrar of Society for relief.
5. So, you can lodge a police complaint against the individuals who decided to stop proving the said service.
6. If police refuses to act, you can file a Writ Petition before the High Court against police inaction making the Society as private party praying for a direction upon the police to register FIR, investigate and act based on your complaint and also direction up on the society no to discontinue the said service of elevator.
If they are unregistered, they are not even competent to levy any maintenance from you.
Incase what you apprehend is done, send the person concerned from the the managing Committee of the so called society, a Legal Notice calling upon him to forthwith restore the lift connection to your floor.
You can also move a Complaint before the Police.
Dear Sir,
The activities of so called unregistered association members attracts offences under Indian Penal Code. You can lodge police complaint or private complaint before Magistrate. You need not recognize the depends of such committee which is unregistered. Get issue a legal notice accordingly with a threat to approach civil and criminal Courts if they continue their illegal activities.
Respected Sirs, Thank you all for such prompt answers. Here is the full order of events. 1.We got this apartment (top floor) near Thakurpukur, Kolkata ten years ago. It is a small residential with only 15 flats mostly full of seniors and/or women and children. 2.Since then, the maintenance committee has been handled by many people, but it never was lawfully registered. They do not keep any proper paperwork. They never hold regular general meetings, only when something is needed. Then, a few friends sit down and make law, calling it "majority decision". Even if other people are present, this "majority" always wins since most people don't want trouble and play along. In ten years they have NEVER shown a single audit of what they do with our money. They use a personal joint bank account for the committee. 3.I moved to another location for work 2+ years ago. Since then they send me no notice of any meetings. Now I have to learn everything from the security guard! 4.Nearly at the same time, the management changed significantly and two sisters took up posts (secretary and joint-sec) in the committee, with a bosom friend as the treasurer. They increase charges without my consent or notice. The three women in the present management are extremely quarrelsome, so there is no civilized verbal communication possible with them. 5.I tried to sell the apartment after moving, but the committee members openly chased off my customers. 6.They built a new toilet on my roof (common space) for use of security people, without my knowledge. The existing toilet for security in ground floor was rented out for use of shop employees. 7.The elevator in question breaks down frequently. The last time it broke down, the lift mechanics gave a fair warning that if they did not do some major replacements there will be some accidents some day. I heard they presented a quote of Rs.90k to the committee. The committee ignored it. 8.Nearly two months ago, a fire took place in the lift machines. Thankfully no lives were in immediate danger, but the lift was burnt out of usefulness. 9.This time the lift technician presented a quote of 130k. 10.The committee said they have no money in fund, so everyone must give Rs. 5k extra. 11.I asked why is there no funds. Since I and a few more people do not live there, those maintenance charges (for two years 21k for me) must have been gone in savings, so I told them to use it. They said it was all used up, and refused to show me any proof. 12.I said okay, then I will pay it in installments with monthly charges. They wanted it now, or else they will stop lift to the top floor. They used same to force other flat owners to pressurize me. 13.On my refusal, they also threatened to block any prospective customers to visit my flat until my "dues" are cleared. I'm a peaceful person and want no police trouble or court case. All I want is to sell the flat and forget everything. Please help.
1) the association is bound to furnish audited accounts of income and expenditure incurred for every year
2) association cannot stop lift facilities for top floor
3) further her association cannot block prospective buyers from visiting your flat
4) issue legal notice to association to furnish audited accounts for all the years , to carry out necessary lift repairs
5) if they fail to do so complain to the registrar and request that administrator be appointed for calling fresh elections
1. Your contention that since you did not stay in your flat for 2 years, the money paid by you towards maintenance is likely to be saved is incorrect.
2. The expenses towards maintenance of the building shall have to be incurred whether you stay in your flat or not.
3. The committee has uniformly levied Rs.5 K on all the members which is quite justified.
4. It is also a fact that you shall have to clear your dues before selling your flat to a third party.
5. However, chasing your prospective buyers are illegal act on the part of the said committee.
he maintenance committee (unregistered) for my apartment is threatening to discontinue the elevator in the building to the floor I live in. This is because they are demanding more money, above and beyond the normal maintenace charges (which I regularly pay) with some made-up excuses. They have scared every other flatowner into paying this, because they're mostly old or lonely people who don't want any trouble. What can I do?
This is a matter to be taken up during the meting of the association.
Next time during general meeting, raise your voice and humiliate the society board for their mindless 'one-sided' rules on why the extra charge to just few members and suggest a society can't make any rules as per its whims and fancies of the maintenance committee, but this should appear in the agenda of the meeting and if necessary a resolution may also be passed in the greeting for arriving at a solution for this.
The matter can be escalated legally if there is no amicable solution arrived at even after the meeting concluded.
The problems whatever you have mentioned here are to be noted in a piece of paper and get them listed in the agenda in the next meeting and if possible you gather the like minded people to elect new office bearers.
The committee which is operating cannot impose its own costs on the members at it s whims and fancies especially this being an unregistered association.
This matter may be taken up with the registrar of cooperative societies or even the cooperative court and can seek an injunction restraining the current office bearers from functioning as office bearers illegally and to stay their functions immediately and also to pass an order for electing new office bearers and to get the association registered as per law for all the future legally valid purpose.
You have full right to sell off your flat.
They have no locus to restrict you from selling your flat.
Hi,
You are suggested to send legal notice and also initiate legal action against atrocities.
Dear Sir,
You may try to change the management or approach the High Court for appropriate directions.