Sushma Neswankar
I bought a flat in a project on bank loan. While taking flat, builder did not inform us the big amount will be recovered as monthly maintenance charges, repairs fund etc the formation of the society.
Some other members who formed the society now say that monthly charges will be more than 10000/- + more than Rs. 20000 will be recovered as repair charges etc. And this amount is to be paid immediately.
As I am living out of town, and not using flat since I bought I am also not able to attend any meeting of the society.
Can I avoid becoming the member of the society? Secondly if I am not a member what will be the difference in amount I have to pay? Also, can I live as independent owner?
I C Naik
When you purchased a flat builder must have obtained signature as a promoter of the Society without you realising that, and as per Act as soon as the Society is registered you are a member.
You cannot live as an independent owner because the building in which you flat is situated is on a common plot of land belonging to one owner (this could be a developer rights who has been put in to possession to develop the land construct dwelling places and hand them over to an organisation which could be even a Joint Stock Company incorporated under Companies Act or a Cooperative Society registered under Cooperative Societies Act.
How can you reach to your ownership-flat when the compound, the staircase (if your flat is not on a ground floor) is not owned by you. That belong to the Society and they will not let you put your feet on the same. There is common pipe line from where every flat gets water but they will not let you get water as the pipe line belong to them and you are not a common owner. Can you imagine your life.
If you say you do not want to stay there and will not attend any meeting. As per new law you will be expelled from membership if you do not pay certain minimum maintenance as also attend a minimum 1 meeting in 5 years. So think of the consequences.
