I am having following query.
A person has purchased 2 adjoining flats from the builder in Joint name with his brother, in a building having 36 Flats. Both the Flat Numbers are mentioned in his Sale Deed Agreement.
While forming the Society he was Chief Promoter. During the formation of the Society he has mentioned in Form “A” the number of Flats as 36 in the Society. Where as out of his two flats only one flat was shown in his name and another flat No. was shown blank.
After formation of the society, he was the Chairman. While raising the society maintenance bills, only single bill was raised mentioning both the flat numbers with area wise municipal tax and sinking fund but the common/general maintenance was shown only for one flat as against of two flats.
Some members raised the objection on this. But under the pretext that he is having single registration for the both the flats he claims that he is bound to pay common/general maintenance for one flat only.
Please let me know is he bound to pay General Maintenance for two flats or one flat.
I C Naik
There is no denial that the society is having 36 flats as per Registration of the Society. Bye Laws require the Committee to fix rate for the Society dues to be collected by apportioning various expenses on all the flats and raise a demand on every flat. Chairman has defrauded the society by making a serious breach of a bye law with an intention to take benefit of his position. The committee members are liable to make good the loss society has incurred and Chairman liable to be expelled. So a member can give notice to the secretary to move a resolution to expel the chairman.
