Issue legal notice to builder and land owner to hand over corpus to association 

2) builder and land owner have to pay maintenance for  unsold  units 

3) it is immaterial whether you use lift or bot .maintenance has to be paid for common amenities 

In commercial buildings, building maintenance is typically managed by an association of members governed by bylaws, ensuring compliance with regulations and maintaining the building's structural integrity. These bylaws outline responsibilities, procedures for maintenance tasks, and dispute resolution processes. 

Is your association a registered body?

If yes, then they can send a legal notice to the builder as well as the land owner to handover  the corpus fund and maintenance amount collected from the members to the association immediately otherwise the association can very well initiate legal action to recover the amount from the builder as well as the land owner, whoever is retaining them.

Besides, whoever is holding the unsold unit are liable to pay the maintenance amount for the common areas. 

Bylaws often specify the procedures for maintenance requests, approvals, and the allocation of maintenance costs among members. 

Bylaws usually mandate adherence to building codes, safety regulations, and fire safety standards during maintenance activities. 

An association in a commercial building can typically recover both outstanding maintenance amounts and the corpus fund held by the builder. The association can take legal action, including filing a complaint with the consumer court or RERA, to recover these funds. 

If the builder fails to hand over the pending maintenance charges, the association can take legal action, such as filing a money recovery suit or a complaint with the consumer court, to recover the dues. 

1.  As per rule, the society can charge higher maintenance fees from commercial units compared to residential units on the ground that the commercial units require more services.

- The association can pass a rule in the GBM.

2. The society should issue a legal notice to the builder for the transfer the corpus fund

- Further, if the builder fails to comply, then a complaint can be filed with the consumer court or the RERA.

3. For the unsold units the builder /landowner is under obligation to pay the maintenance fees. 

Yu need too file complaint in consumer court for the same

1. Retail space paying less maintenance?

• 🔹 Association can enforce uniform charges through General Body Resolution.

• 🔹 Builder agreement is not binding on association after handover.

• 🔹 Send legal notice demanding arrears, else file recovery suit.

2. Builder/landowner not handing corpus fund?

• 🔹 Issue legal demand notice.

• 🔹 If ignored, file civil suit for recovery of corpus fund.

3. Unsold units — builder/landowner not paying maintenance?

• 🔹 They must pay maintenance for unsold units like any owner.

• 🔹 Issue notice for dues; if unpaid, file recovery suit against them.

Pass a resolution in the General Body Meeting (GBM) affirming a uniform or category-based maintenance policy. 

Issue a formal demand letter on association letterhead to the builder and landowner requesting immediate transfer of the corpus. If they do not comply, the association can file a complaint before the RERA authority (RERA Telangana in your case).

Builder and landowner are legally liable to pay maintenance for all unsold units, as long as those units remain in their name, to issue, demand, notices to them to clear the arrears of maintenance amiunt

Dear Client,

1. Maintenance Charges Dispute: The association can refer to registered sale deeds, builder-buyer agreements, and association bye-laws. Standard maintenance rates have to be applied unless exempted by law. In case retail owners do not agree, the association can send legal notices and approach RERA or civil court for recovery.
2. Corpus Fund Withheld: Issue a legal formal notice to the builder and landowner requiring transfer of the corpus fund under the handover clause. In case of non-compliance, make a complaint with RERA or start civil proceedings.
3. Unpaid Maintenance on Unsold Units: The builder/landowner owes maintenance for unsold units. The association must issue a demand notice, and failing payment, institute recovery proceedings under RERA or approach a consumer forum or civil court.