Maintenance Charges

In our Apartment society 100% of the flats (277 units) are sold, (by agreement of sale). Project is completed and posession of individual units started from October 2020. Even in April 2021 there are around 80 units which are yet to register the sale deed. Our builder maintenance duration is going to end and we need to start maintaining afterwards. While calculating the expenses and overall maintenace collection from individual units, Association is not clear whether we can collect maintenance charges from the non registered units. We have included a clause in our bye-law that irrespective of occupancy, all inevitable charges has to be paid by all owners and only exemption is consumption based charges. (Assuming that sale agreement have made everyone owners) We enforcing collection of maintenance fee from all irrespective of registration charges and if not paid, applying delayed payment charges will cause any legal issues or not. As many who have not registered may not be willing to contribute towards the maintenance charges. Without having 80 owners paying for the maintenance, it will be very difficult to run the maintenance and we do not see any other option. Do builder have any role to play in this. Or should we pass any resolution by having a special meeting and ammend the bye-law to protect the interest of the majority.? Please advise.