Forced to pay the society maintenance charges for my house
27-Jun-2023 (In Property Law)
Hi,
I had bought a independent house for investment purposes. And at time I bought I had paid the one time lifetime maintenance charge to the builder. And I started living in a different state. I never visited that property for 4 years. And now when I visited the property I got to know that the society committee has started collecting the monthly maintenance charges too. And now they are forcing me to pay the 4 year maintenance with heavy penalty. As I was never aware of the maintenance and the society never contacted me or made me aware for the same , i have never visited the property before so that I can come to know about the maintenance. I have not used a single facility provided by the society. Am I obligated to pay the amount?
when you bought the property had you read the memorandum prepared by association of your society ? all the owner of that society are bound to follow the rules mentioned in it. if they have passed any resolution in general meeting for collecting extra maintenance charge, they can. but in your case they haven't ever informed you about it. so they have missed duty of their side. they can not charge any penalty without informing you. In most of the cases the body of association behaves according to their own will. you can oppose them without any fear. they can not compel you to pay without your will. first you check the legality of memorandum/amendments of association of your society and see a local lawyer.
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