Query of Popat

WE HAVE IN OUR SOCIETY 1 BHK AND 2 BHK FLAT OWNERS. WHILE MAJORITY ARE CORPORATE MEMBERS AND AROUND 9 ARE INDIVIDUAL MEMBERS OF THEM 6 ARE HOLDING 1BHK FLAT.

MAJORITY COMMITTEE MEMBERS ARE 1BHK FLAT OWNERS.

DELIBERATELY CHARGING MAINTENANCE ON AREA OF FLAT:

IN ORDER TO PAY LESS MAINTENANCE SINCE INCEPTION THEY DONOT WANT TO CHARGE MAINTENANCE ON THE BASIS OF HIGH COURT JUDGEMENT WHICH WAS BROUGHT TO THEIR NOTICE BY ME.

THE JUDGEMENT IS

The Venus Co-op. Housing Society and Anr. …Appellant

Vs.

Dr. J. Y. Detwani & Ors. …Respondent

Writ Petition No.1948 of 1997, decided on 30th July, 2002 .

WHAT CAN BE DONE TO FALL THEM IN TO LINE?

73CA IS APPLICABLE?

WHETHER AMOUNT OF SHORT PAYMENT CAN BE RECOVERED FROM THEM WITH INTEREST?

SIR AWAITING YOUR ESTEEMED REPLY.

I C Naik

Please let me know the Model of bye-laws registered by your housing society and which are in force. I suggest you ask for a certified copy your society’s registered bye-laws as you will need in litigation later any way.

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