Liability for payment of maintenance to Housing Society
A resident buys a property after Society is formed ie, builder / promoter had transferred responsibilities to a Managing Committee constituted by due process . He says that he has paid 24 months’ maintenance during agreement with builder as per provisions. The builder is yet to transfer the said amount to the Society . Questions :-
1. Is it correct that maintenance of any owner ( flat) becomes due from the date of first occupant of the building ?
2. Since the maintenance due to the Society , upon its formation / registration for that flat is unpaid , what options does the Managing Committee have towards recovery ?
3. In case the said flat owner gives evidence that he has a dispute with the Builder , can the Society remain silent towards maintenance recovery ?
4. Is the Society duty bound to provide common services to such resident since he is not contributing towards maintenance?
5. If the said flat was unoccupied On the day / date the term of the Managing Committee commenced , is the builder liable to pay maintenance to society till flat is sold ?