Comments
Usually Society charges more maintenance than normal, when a unit is given on rent. However, there should be a provision for the same in the Bye-Laws of the Society.
Similarly, for maintenance, a Society can have 2 options, either to charge maintenance as a fixed charge for all units, or as per sq ft. Again, the same has to be mentioned in the Bye-Laws.
Incase, there is not mention in the Bye-Laws, and the Society has passed a resolution for the same, even then, its in Society's favour.
I dont think there's any use bargaining on Maintenance charges.
Similarly, for maintenance, a Society can have 2 options, either to charge maintenance as a fixed charge for all units, or as per sq ft. Again, the same has to be mentioned in the Bye-Laws.
Incase, there is not mention in the Bye-Laws, and the Society has passed a resolution for the same, even then, its in Society's favour.
I dont think there's any use bargaining on Maintenance charges.
. Non repayment of maintenance dues paid twice with interest.
I had paid maintenance charges to the builder up to July 05.Society took charge from builder on 1/3/05.Instead of recovering the amount of maintenance charges Rs. 5940 from the builder at the time the society took charge from the builder on 1/3/05 society forced me to pay to it Rs.5940/with the assurance they will repay the amount while settling account with the builder. Society has settled the account with the builder long back in 2006 and has not repaid my claim along with interest @ 15% the rate which society charge from members on its dues. I have written several letters to the society for repayment but no result and secretary is giving only evasive replies. Society has made us to run after the builder for almost one year to claim the payment. The builder has informed in writing that they will repay the amount only when the society settles their dues. It is evident from the society’s balance sheet of 2006 that the secretary has already compromised the dues secretly with the builder and or has recovered dues of Rs 3.74 lacs in 2006 itself and shown the dues from the builder as nil without satisfactory explanation. You are therefore requested to hold the secretary personally liable for my dues of Rs 5940 + interest and society’s dues of Rs.3.74 lacs.
2. Spoiling our stilt parking by putting garbage and illegal construction.
The issue is pending since last 2 years. The secretary has spoiled our parking by constructing a wall on one side illegally and motivatedly putting the garbage on the other side. As a result he has spoiled our original parking and created permanent nuisance. In spite of our reminders he has not taken any action to restore status quo just only to harass us.
3. Illegal Leakage Charges and showing them as society charges
For last over 18 months the society is showing these charges as society dues. These illegal charges are being shown in our bill at the behest of the secretary. Society by laws does not permit levy of any such charges. In spite of reminders the secretary has not submitted any rule/law under which such charges are levied. Not only this, the society is also charging compounding interest thereon From this it is evident that the secretary is blatantly misusing his position.
4. Non issue of Share Certificate
The share certificate has not been issued to us in spite of reminders. The secretary is sitting over the file and is creating nuisance. He has not given anything in writing as to why he is not doing the needful.
5. Illegally withholding our club membership
For last 5 months the secretary is sitting over file. Actually Mr. Sampath the secretary has nothing to do with the club membership but he has created vested interest in the club/ society/ federation and is office bearer in all the above with vested and conflicted interest to serve his personal agenda. It is evident he has no other activity except creating one problem or the other for others. We have made full payment to the builder for the club facility.
You are requested to intervene in the matter and direct the secretary to settle our issues amicably and quickly. You may call the secretary Sampath in your office in my presence. And to discipline Mr. Sampath adequate fine be imposed on him so as to stop him to harass members for giving evasive and misleading replies. We have filed a complaint with the police (copy enclosed).They have advised us to approach your good self as well.
As the issues are long pending kindly resolve them at the earliest.
Kindly solve our problem with secretary
I had paid maintenance charges to the builder up to July 05.Society took charge from builder on 1/3/05.Instead of recovering the amount of maintenance charges Rs. 5940 from the builder at the time the society took charge from the builder on 1/3/05 society forced me to pay to it Rs.5940/with the assurance they will repay the amount while settling account with the builder. Society has settled the account with the builder long back in 2006 and has not repaid my claim along with interest @ 15% the rate which society charge from members on its dues. I have written several letters to the society for repayment but no result and secretary is giving only evasive replies. Society has made us to run after the builder for almost one year to claim the payment. The builder has informed in writing that they will repay the amount only when the society settles their dues. It is evident from the society’s balance sheet of 2006 that the secretary has already compromised the dues secretly with the builder and or has recovered dues of Rs 3.74 lacs in 2006 itself and shown the dues from the builder as nil without satisfactory explanation. You are therefore requested to hold the secretary personally liable for my dues of Rs 5940 + interest and society’s dues of Rs.3.74 lacs.
2. Spoiling our stilt parking by putting garbage and illegal construction.
The issue is pending since last 2 years. The secretary has spoiled our parking by constructing a wall on one side illegally and motivatedly putting the garbage on the other side. As a result he has spoiled our original parking and created permanent nuisance. In spite of our reminders he has not taken any action to restore status quo just only to harass us.
3. Illegal Leakage Charges and showing them as society charges
For last over 18 months the society is showing these charges as society dues. These illegal charges are being shown in our bill at the behest of the secretary. Society by laws does not permit levy of any such charges. In spite of reminders the secretary has not submitted any rule/law under which such charges are levied. Not only this, the society is also charging compounding interest thereon From this it is evident that the secretary is blatantly misusing his position.
4. Non issue of Share Certificate
The share certificate has not been issued to us in spite of reminders. The secretary is sitting over the file and is creating nuisance. He has not given anything in writing as to why he is not doing the needful.
5. Illegally withholding our club membership
For last 5 months the secretary is sitting over file. Actually Mr. Sampath the secretary has nothing to do with the club membership but he has created vested interest in the club/ society/ federation and is office bearer in all the above with vested and conflicted interest to serve his personal agenda. It is evident he has no other activity except creating one problem or the other for others. We have made full payment to the builder for the club facility.
You are requested to intervene in the matter and direct the secretary to settle our issues amicably and quickly. You may call the secretary Sampath in your office in my presence. And to discipline Mr. Sampath adequate fine be imposed on him so as to stop him to harass members for giving evasive and misleading replies. We have filed a complaint with the police (copy enclosed).They have advised us to approach your good self as well.
As the issues are long pending kindly resolve them at the earliest.
Kindly solve our problem with secretary
can we issue share Certificate if the builders unsold shops/fats monthly maintenance is not paid.
I have been orally appointed as president od a housing society at nagpur, in which two members are not paying maintanance charges since four months, society is not regd but deed of declaration is regstrd so can we disconnect the water connection of the defaulter members and what action can be taken for recovering the same pl reply.
we paid a society formation and maintainance charge to the builder at the time of registration. This was supposed to be valid for one year or til the formation of society whichever is the earliest. But the society formation was delayed by more than a year for reasons best known to them. Now they are asking me to pay maintainance charge even though it is a non occupied flat. . Please advice on the same. .
Sir,
I have purchased 1Bhk Flat in NOV 2007 With open parking Area 100 Sq.feet.I have paid Stamp duty®istration fees for Parking Area Which mentioned in Agreement.My Question is What is the New By-laws For the Parking Area?Whether Bulider Can sell open Parking Area to the customer If it is not Then What I should do now? Please help me...
I have purchased 1Bhk Flat in NOV 2007 With open parking Area 100 Sq.feet.I have paid Stamp duty®istration fees for Parking Area Which mentioned in Agreement.My Question is What is the New By-laws For the Parking Area?Whether Bulider Can sell open Parking Area to the customer If it is not Then What I should do now? Please help me...
I have 2BHK in bombay, which has open terrace (below terrace there is a shop), when the shop owner noticed there he has leakage in his shop during monsson, society has put tiles on the floor of the open terrace with our my permission, can they do this? Now I want put a railing society wants me to pay for the work done on the open terrace flooring. is this justfied? what do u suggest, Thanks Clement
CORRECTION IN MY QUERY
I have 2BHK in bombay, which has open terrace (below terrace there is a shop), when the shop owner noticed there he has leakage in his shop during monsson, society has put tiles on the floor of the open terrace WITHOUT my permission, can they do this? Now I want put a railing society wants me to pay for the work done on the open terrace flooring. is this justfied? what do u suggest, Thanks Clement
I have 2BHK in bombay, which has open terrace (below terrace there is a shop), when the shop owner noticed there he has leakage in his shop during monsson, society has put tiles on the floor of the open terrace WITHOUT my permission, can they do this? Now I want put a railing society wants me to pay for the work done on the open terrace flooring. is this justfied? what do u suggest, Thanks Clement
Sir,
I am staying in the above mentioned address flat. This Bldg were previously built by MHADA 50yrs back and is redeveloped by the builder “ORIENT COMBINE” in the year 2004. Our Maintenance has been started from APRIL 2009. Now I want to ask some of my difficulties I am facing in this society.
1) I have purchased the above mentioned terrace flat from the builder. I am having a area of carpet 590sq.ft. flat + 150sq.ft. carpet terrace attached. Society is asking me to pay full maintenance on the total area mentioned (flat + terrace) I want to know the clause mentioned in Bye Laws how much percent I should pay maintenance on terrace area.
Property Tax 2.22 times of carpet.
Maintenance Rs.3 times of carpet.
Sinking Fund 0.25 times of carpet.
2)In our building we are having 1 BHK, 2 BHK, 3 BHK flats. Maintenance collected against Lift maintenance, Electric Bill, Watchmen etc. should be collected equally from the flat or according to the area of each and every flat.
I am staying in the above mentioned address flat. This Bldg were previously built by MHADA 50yrs back and is redeveloped by the builder “ORIENT COMBINE” in the year 2004. Our Maintenance has been started from APRIL 2009. Now I want to ask some of my difficulties I am facing in this society.
1) I have purchased the above mentioned terrace flat from the builder. I am having a area of carpet 590sq.ft. flat + 150sq.ft. carpet terrace attached. Society is asking me to pay full maintenance on the total area mentioned (flat + terrace) I want to know the clause mentioned in Bye Laws how much percent I should pay maintenance on terrace area.
Property Tax 2.22 times of carpet.
Maintenance Rs.3 times of carpet.
Sinking Fund 0.25 times of carpet.
2)In our building we are having 1 BHK, 2 BHK, 3 BHK flats. Maintenance collected against Lift maintenance, Electric Bill, Watchmen etc. should be collected equally from the flat or according to the area of each and every flat.
I am staying in Ahmedabad City, my society take maintenance charge from me and also with my tenant. Per month I pay Rs. 400/- ( Rs.200/- mine and Rs. 200/- for my Tenant) but now society diceded that maintenance charge from Tenant is per peson (Two person as a Tenant then maintenance charge will be Rs. 400/-) Can society eligible to take this charge per person?
I have purchased a Flat in Mumbai and have paid the entire amiunt to Builder, Now the association is asking me to pay the maintainance for the last three since when the house was vacant. My questions are do we have to pay maintainance for a vacant flat and who will pay this me or the builder.
Our building was developed under redevelpment scheme. The builder has rehabilated old tenants and has sold flats made by gaining extra FSI to new buyers. The formation of Society is under process aginst the builders wish.
My question is 1) Can the builder take maintanance charges from us until the society is formed. 2) Since its mentioned in our agreement that the builder shall form the society within 6 months of possession, but its more than 2 years that he has failed to do so and is collecting maintanance charges. Since the builder is delaying in forming the society its his mistake...in this case can he charge maintanance .IS the builder responsible or liable to bear the expenses or he is justified to take the charges from us.
My question is 1) Can the builder take maintanance charges from us until the society is formed. 2) Since its mentioned in our agreement that the builder shall form the society within 6 months of possession, but its more than 2 years that he has failed to do so and is collecting maintanance charges. Since the builder is delaying in forming the society its his mistake...in this case can he charge maintanance .IS the builder responsible or liable to bear the expenses or he is justified to take the charges from us.
My flat is at Nallaopara & the maintenance bill which I am receiving is not as per bye law 60 (a), 70 only general maintenance & service charge is written on the bill & area is 535 they are charging 425/- ?
Dear Sir,
If members of society not paying the maintaince charges, from 8-10 months can we disconnect his water supply, as water from muncipal carporation comes in the main tank, from there it is been pumped to the overhead tank & the pump electricity charges is been paid thru maintaince charges.
if yes please let me know the legal proceduing & the ACT NUMBER.
If members of society not paying the maintaince charges, from 8-10 months can we disconnect his water supply, as water from muncipal carporation comes in the main tank, from there it is been pumped to the overhead tank & the pump electricity charges is been paid thru maintaince charges.
if yes please let me know the legal proceduing & the ACT NUMBER.
Sir, basically our home is in Vedashree Co Hsg. Society, Sector 3, kharghar, navi mumbai.Now during construction itself we combined 2 flats ie 1 of A wing and 1 of B wing.we had financial problem and could'nt gt get loan.A wing has 1bhk flats and B wing has 2bhk flats.Now we combined both the areas of Awing flat and B wing flat.Builder did the the construction as for 1 family unit and also gave possession certificate ie Awing(792.4 sq.ft) and B wing (217.7sq.ft).The society is charging two maintainance bills which i disagree to pay.What is the next step.?
i had perchase the still area of my building (parking).
my mumncipal tax come seprate.
bulding maintance is applicable for be.(lift charges, water charges and light bill)
my mumncipal tax come seprate.
bulding maintance is applicable for be.(lift charges, water charges and light bill)
In our housing society, the Cable TV charges are collected through monthly Maintenance Bills and the charges are made compulsory to every member. Even if any member does not want Cable TV connection, he has to pay the charges.
Since last two years the Cable TV reception is becoming poor day by day and the Managing Committee is not taking any action. Hence, I have stopped payment of Cable TV charges levied through the Monthly Maintenance Bill. I am paying rest of the maintenance charges and other funds as per the bye-law levied in the bill.
I am charged Penal Interest for the amount not paid by me for Cable TV Charges.
Since last two years the Cable TV reception is becoming poor day by day and the Managing Committee is not taking any action. Hence, I have stopped payment of Cable TV charges levied through the Monthly Maintenance Bill. I am paying rest of the maintenance charges and other funds as per the bye-law levied in the bill.
I am charged Penal Interest for the amount not paid by me for Cable TV Charges.
I was as hon.sec. majority, many improved job's done~approved by all, but on
March 28th 2009 the hon.chairperson suddenly at 2pm tried n managed & forcely write on the monthly register, later & then they themselves TORE which, itself is an offence by maharashtra federation~to remove me (as I'm, very strict of society cash/rule, shown to the hon.treasurer)I do not want name's but in the small society 'shifting major cash, not once' the then hon.chairperson(women) hand-in glove & the hon.treasurer(women) & 1other associate mng. woman !*As per rule's mng.committee 5men+1woman;but here we have 3 men & 3 women, society has fd's (but the last 25years the one mr.aranha, has not paid roughly 11lac+interest...the mng. committee is 'quiet' regarding that/how/why? 14 residence (commertial + 1 bank & one old paper shop)
just 1genuine person is mr.j.irani is clean & gentleman in the mng committee,
rest have there own ' game or just silent '
Topaz apt, off hill rd, 400050
ms.f.s.chagla + joint capt.s.chagla
March 28th 2009 the hon.chairperson suddenly at 2pm tried n managed & forcely write on the monthly register, later & then they themselves TORE which, itself is an offence by maharashtra federation~to remove me (as I'm, very strict of society cash/rule, shown to the hon.treasurer)I do not want name's but in the small society 'shifting major cash, not once' the then hon.chairperson(women) hand-in glove & the hon.treasurer(women) & 1other associate mng. woman !*As per rule's mng.committee 5men+1woman;but here we have 3 men & 3 women, society has fd's (but the last 25years the one mr.aranha, has not paid roughly 11lac+interest...the mng. committee is 'quiet' regarding that/how/why? 14 residence (commertial + 1 bank & one old paper shop)
just 1genuine person is mr.j.irani is clean & gentleman in the mng committee,
rest have there own ' game or just silent '
Topaz apt, off hill rd, 400050
ms.f.s.chagla + joint capt.s.chagla
Manish H — Should a Secretary be a Member
Is it compulsory that the Secretary of a Society should be the member of the same Society, and should be holding a Share Certificate?