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Can a family member of an owner be a member of the CHS
18-Sep-2023 (In Property Law)
My questions: 1. Can a family member of an owner be a member of the CHS ?i.e. Not the registered owner but his immediate family member. Can this be flexible as per the bye laws adopted ?? 2. My apartment has 96 flats ranging from 2030 aft to 3750sft, with the same uniform maintenance charges. Interesting to note that the builders brochure mentioned that maintenance would be collected on area basis. Now the builder was chucked out and a society was formed with not all flat owners but many being non owners and immediate family of owners. Since this time around three years back, the maintenance charges are collected uniformly without size distinguish. The bye laws mention that no person can change the terms of purchase as agreed with the builder. 3. I have been paying monthly maintenance, but feel it is unfair to the small flat owners. Want to approach the courts for a solution as these guys are totally unrelenting and some big shots with connections quite high up. Can I approach a con
Hi
A cooperative housing society can comprise only of flat owners as members. Family members are not eligible to be CHS members as they do not have any stake in the ownership of the flats.
You should approach the Registrar of societies and have your grievance addressed. If it is not addressed by the Registrar of societies, you can approach the Courts
Also for maintenance, area of the flat is the only criteria.
You have a winning claim and you will win in any which forum you may choose to approach for redressal of your grievance.
A cooperative housing society can comprise only of flat owners as members. Family members are not eligible to be CHS members as they do not have any stake in the ownership of the flats.
You should approach the Registrar of societies and have your grievance addressed. If it is not addressed by the Registrar of societies, you can approach the Courts
Also for maintenance, area of the flat is the only criteria.
You have a winning claim and you will win in any which forum you may choose to approach for redressal of your grievance.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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