Apartment maintenance charge and society/committee composition
1. Can a family member of an owner be a member of the CHS ?i.e. Not the registered owner but his immediate family member. Can this be flexible as per the bye laws adopted ??
2. My apartment has 96 flats ranging from 2030 aft to 3750sft, with the same uniform maintenance charges. Interesting to note that the builders brochure mentioned that maintenance would be collected on area basis. Now the builder was chucked out and a society was formed with not all flat owners but many being non owners and immediate family of owners.
Since this time around three years back, the maintenance charges are collected uniformly without size distinguish. The bye laws mention that no person can change the terms of purchase as agreed with the builder.
3. I have been paying monthly maintenance, but feel it is unfair to the small flat owners. Want to approach the courts for a solution as these guys are totally unrelenting and some big shots with connections quite high up. Can I approach a consumer court or will it have to be a civil court ?
4. The previous committee was forcibly disbanded following an uproar from a so called audit committee which alleged by way of a report, mis appropriation of the society funds to a very large tune. Once this happened, a new committee was self appointed themselves with a promise to recover those funds, however collusion between the previous and present committee ensured that this never happened.
5. All decisions taken by the committee are unanimous without regard to any owners' comfort or discomfort; moreover without any prior approval at a GBM. Accounts are not displayed or circulated as stipulated in the bye laws.
6. One more thing is regarding corpus fund which also is being charge uniformly, which is grossly unfair, however it is mentioned in the brochure as a term of purchase.