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  • Compulsion of club house charges

I live in a 300 villas gated community in hyderabad, we have a club house and the ownership of the club house is with builder and he hasn't transferred the ownership rights to our residential welfare association. last year builder has proposed to sell the club house and our residential association has bought the club house from builder for 4.5 Cr. On residential welfare association name. in our GBM meeting they have decided that every villa has to contribute 1.5 Lakhs each. 
Now my question is as a member do i have to pay the 1.5 lakhs, don't i have any individual opinion to not to pay towards the club house contribution.
1.5 lakhs is very huge amount for me . But now the association has given the dead line to pay the amount by 31st march failing which they will stop the water and back up power connections.
Kindly advise me what to do now ?
Asked 4 years ago in Property Law
Religion: Hindu

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14 Answers

1. It would be a criminal offence to discontinue /disconnect Water and Electricity connections.  This has been upheld by several HC judgments.

2. Association CANNOT force you for Club-House membership money /contributions and you can just simply refuse declaring that you do not wish to use club house.

3. IF forced, you have option to file grievance petition before the local Consumer Court,  for such illegal trade practices, harassment & intimidation etc.... and claim damages & compensation for the mental & physical trauma that you would undergo.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Water and electricity are essential services and cannot be disconnected by association 

 

2) if you fail to pay association can sue you to recover Rs 1.50 lakhs as per AGM resolution 

Ajay Sethi
Advocate, Mumbai
94901 Answers
7570 Consultations

5.0 on 5.0

You can challenge the said charges being exorbitant and it should not discriminate on the area wise contribution. The club house charges are common and divided equally irrespective of the area of bunglow or gated villas

Prashant Nayak
Advocate, Mumbai
32049 Answers
183 Consultations

4.1 on 5.0

The decision to buy the club house has been taken in a general body meeting by passing a resolution supported by majority members.

If you do not want to pay then you could have objected to this proposal and should have firmly told that you are not willing to pay or you will not be paying the said amount owing to your financial crunch.

The decision has been taken and has been implemented hence at this stage you may not have any option than to accept the same but you can always request to pay the said amount in installments.

No action against this decision would be entertained by any court.

 

 

 

T Kalaiselvan
Advocate, Vellore
85098 Answers
2213 Consultations

5.0 on 5.0

the managing committee has limitations. They cannot decide every rule whether it is at the committee meeting or at the AGM. Also, be aware that not everything is driven by the cooperative bye-laws. General civil rules and regulations of the land is applied which the society management cannot change.
You can apply to the registrar immediately and inform him to take suitable action.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

If you surrender your right to use club in any manner. You cannot be forced to make payment. And club comes under amenities, must be offered in proposal. What is the need to buy neither builder can owe the ownership. Club belongs to members of association as an amenity. 

Even for not paying legitimate bills, essential necessities cannot be disconnect - hold by courts. Complain to register or injunction from court.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

 1. You are liable to make payment as a member of society but not bound to make payment in one go. 

2. You can make payment in installments.

3. Society cannot stop basic amenities even if you doesn't make payment of your share for club house. 

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

They cannot go ahead and buy a club house and extort money from you. You should file a case before the astt registrar.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1. You are under no compulsion to pay for club house. You have every right to opt out of club house.

2. Your title to the property is sacrosanct which does not get whittled down if you elect to not to apply for club house membership.

3. It will be absolutely illegal and anarchy if power and water connections are stopped on account of you not becoming a member of club house. File a suit for permanent injunction against association to restrain it from blocking your power and water connections.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

legal fees vary depending upon lawyer engaged by you 

 

you can contact local lawyer in Hyderabad from this website 

Ajay Sethi
Advocate, Mumbai
94901 Answers
7570 Consultations

5.0 on 5.0

You may contact a lawyer in the local who practices in service law for further advises and suggestions to move on.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Hire local lawyer.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

Engage a local lawyer for this purpose. Around 10,000/-.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You can contact an advocate in the local and file the desired injunction suit as per the suggestions advised.

The fee and further procedures would be informed by the advocate so engaged.

 

T Kalaiselvan
Advocate, Vellore
85098 Answers
2213 Consultations

5.0 on 5.0

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