i am leaving in karnataka (rest of banglaore) in multy storey apartment having 26 flats & 2 commercial shops. the flat size is 1050 sq feet to 2400 sq feet. the socity is not formed but adhoc committee has been made. the committee is collecting lump sum charges from all the flat owners. is it correct to levy lump sum charges. further the commercial shops are not paying any charges. i want to know is it the duty of the builder to form a socity or it is letf to members to form the socity.
i will be highly appreciated that thre readers reply to me by email to my above queries
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our society during its AGM has declared Rs.1000/- per month for 13 months, per flat should be collected towards repairs and painting charges. They never informed what the Bye laws says. Poor members have agreed to pay the amount. As I am having two flats joined together area 306 sq feet each total 622 sq ft. eventhough it is a big burden I accepted. at that time nobody aware of the fact as per bylaws it should be as per persquare foot to be charged.
Our building as different size of flats 306, 545 & 900 and above. if the charges are calculated on the basis of area, we have to pay less. accordingly we 15 people together has written a letter to society stating as under:
10 June, 2011
The secretary,
Everest Gardens co-op.hsg.society
Ghatkopar east
Mumbai – 400 075
Dear sir,
REG: charges towards BUILDING REPAIRS AND PAINTING WORK.
=.=.=.=
We would like to recall the AGM, wherein it was decided not to charge the interest on above charges. But now you are asking for interest.
In this regard it is our humble request not to charge any interest on the above arrears as we have paid other maintenance charges on time. This was also accepted by you in your letter.
We also would like to bring your kind notice that, as per our knowledge in bylaws it is clearly mentioned that, while repairs and maintenance charges are to be levied on per square foot basis. Therefore, by inference, the charges WILL be different for flats of different sizes.
But this fact was not disclosed in AGM, so the members have agreed to make the payment without knowledge. However, now we request you to kindly re-consider the same as we are having different size of flats and it will be injustice on small flat owners if you do not charge as per bye laws. As you are charging all other charges as per bye laws only.
Hope you will reconsider the matter and issue the difference amount debit/credit bill.
Thanking you,
Yours faithfully,
=======...=== THIS LETTER WAS SIGNED BY 15 FLAT OWNERS. FOR THIS WE HAVE RECD FEPLY AS UNDER:
"we are in receipt of your above referred letter. we clarify the following listed points to you:
1. We recall the AGM dt. 13/06/2010 where special repairs fund was created and a fixed contribution of rs. 1000/- per month per flat to be collected from all membrs towards building repairs and painting irrespective of the area of the flat. the same was approved in the AGM by the members present in the meeting and the minutes of the meeting were duly adopted by all the members. we have also informed the Deputy Registrar of Co-operative Societies about the creation of Special repairs funds. There is no mention of not calculating interest on the arrears amount against building repairs and painting was not rcorded in the Minutes of the AGM. however, the society has given you a credit period of 1 year against the same. majority of the members have been regularly contributing towards the repairs fund which is in the best intrest of all society members including you.
2. Please recall the special general body meeting dated 22nd july 2007 wherein it is been decided to collect the water charges on the basis of actual expenses incurred during the year. Teh same was discussed in great detail and a resolution to this effect was passed in the AGM and recorded in the minutes of that AGM. the same is been recorded and approved by the members and the Dy.Registrar Cop-operative Societies.
We hereby inform you that, your request of not calculating interest cannot be considered and the same will be calculated as mentioned in our earlier letter dated 7th june 2011. We also inform you that we cannot alter any changes towards members contribution against water charges.
We also strongly urge you that you do not mislead other members of the society without ascertaining the facts. The society and its management is always available to discuss any issues. The society is administrered for the benefit of its members including you and is not a profit making organisation. All contributions made by the society is used for the benefit of the society.s members."
... SIR CAN U GUIDE ME WHETHER I AM WRONG? HOW CAN I STOP THE COMMITTEE CHARGING INTEREST ON ME AND MAKE THEM TO CHANGE THE CHARGES AS PER SQ FEET. THANKS IN ADVANCE