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New association forcing to pay corpus fund, is it legal ?


29-Jan-2023 (In Property Law)
Recently I purchased a flat in bangalore. New association is formed during the Jun 2016. Association is requesting to make the coprus fund payment of Rs:23000, association is charging Rs 20 penalty on daily basis for the owners who didnt make payment on of before Nov 2016. Is this legal and is corpus fund refundable? Can you please suggest me what how much owner should pay as corpus fund, how should i calculate it. What are laws for defaulters and what action can be taken against defaulter...? Association is also treating the disconnect water and electricity incase if the corpus fund is not paid. Is this legal. What are the documents should i collect from association before making the corpus fund...? Association few members collected Rs 500 from all owners for formation of association and association didnt share the break up of amount utilised. What action I have to take against the association...?
Answers (3)

Answer #1
511 votes
Hi, Generally the corpus fund paid for period of 5 years after occupy of the flat.the fund is calculated based on the facilities you enjoy Or it is mentioned on the agreement. Failing to pay corpus fund, association can not disconnect water / electricity except to file recovery suit against you. you can talk to a lawyer with a agreement copy.
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Answer #2
536 votes
If the association is registered and, as per its bye laws due mention of corpus funds are mentioned has to be seen. It is prudent to go through the bye laws and if it is not mentioned you can ask the Secretary of the Association to give you a written reply regarding the same.

Answer #3
66 votes
1. If there is no mention in the byelaws of refunding corpus funds, then it is not refundable. 2. If the seller has already paid to society, then a new buyer can't be asked to pay for corpus funds.
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