Rajesh Kanade, Maharashtra
I and my wife purchased 2 adjacent flats. At the time of purchasing builder told that one single purchase agreement is not possible because of income tax. Two flats amalgamated before O C and formation of society. We are residing before the formation of society. The Kitchen and entrance is single. Society is charging two separate maintenance bills. There are three persons- me , my wife and our child are living in the flat.
Am I entitled to have only one flat maintenance from society? Is there any court judgment?
I C Naik
Combining two individual flats requires prior approval of the managing committee and also of BMC as per Section 342 of BMC Act, 1988 “No merger of tenancies by removal or opening of any walls in between two or more tenancies” is permissible as normal repairs.
These are two units as per approved building plan and two bills are properly raised by the Society.
Development Fund
I am part of Apex cooperative housing in West Bengal, We had new committee formed in May 2014. They called up a AGM and decided to increase the Maintenance for the society which was INR 900 earlier and increased to INR 1500 (approx) which is fine. Apart from this they have again asked us to pay a development fund of INR 18189/- calculated as per sq ft which is 61.24 sq ft approx.
They have not updated based on what basis they have arrived at this calculation and amount. Although they said that they will paint the buildings and boundary walls of the compound.
Can’t these things be done from the maintenance that we pay to the society. If this is a mandate that I have to pay this as 50% of the members have not paid the amount yet.
And also I was questioned by one of the Board of Directors on middle of the road asking me to pay the money else he will kick me off the society. He threatened me to send a legal obligation as well.
Please advise what should I do in order to resolve this situation.
Is there anyway that they can kick me out of I am unable to pay the development fund right away?
is there any court judgement regarding amalgamation of two flats and maintenance thereoff.