Lift maintenance charges for the building other than residence

589 votes

Hi. If your building is registered as a separate society then you can definitely object to the levy of lift charges in your maintenance bill. However in your case it appears that all the 3 buildings are registered as a single society and the society is dividing the charges equally among the flat members of all 3 buildings. In such a case ideally since your building does not have a lift, the society is not justified to levy lift charges in your maintenance bill. I suggest you write a letter to the managing committee requesting to waive the lift charges from your bill since as your building doesn't have a lift, the question of maintaining the lift and therefore levying of charges for the same does not arise in first place. It will also be better if this letter can be addressed by maximum or all flat members in your building. You can also request the society in that letter to convene a special general body meeting for this purpose and pass necessary resolution to waive lift charges for your building which doesn't have a lift. But please remember that in order to compel the society to convene such a meeting there has to be a maximum number of members requesting for the same. In your case it is quite obvious that the members of the other two buildings having lift facility will support you. Therefore it is essential that all the flat members in your building address this letter to the society requesting to convene a special general body meeting so that there is a compelling majority. In the meanwhile you can place on record through the same letter that you will be paying the lift charges on a without prejudice basis and will be entitled to claim refund of the same when the necessary resolution is passed by society or in absence thereof when there is an appropriate court order to that effect. In the event the managing committee of the society, despite being in receipt of the letter as above addressed by majority members, does not take any steps to address your issue, then you will have to approach the co-operative court for resolution of the dispute. Thanx.

LawRato LawRato