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Rules related to society formation and maintenance
30-Jul-2023 (In Property Law)
Sir, I have purchased flat where society formation process is going on.we are still waiting for our possession letters. We got possession in Feb 2018. In the agreement, no 2-year maintenance is paid by the owner to the builder. Now, 1) Builder is asking member (Flat owners) has to pay maintenance from the date of possession .what is the solution? 2) Flat which are empty will give 50% maintenance only? who is going to decide rule? 3) After completion, he is planning to extend his shop in the parking area (saying i hv still 700 sq ft FSI with me) 4) After society transfer, is builder allowed to do modification in the building without society permission? 5) We are saying u first transfer building to society then will pay you the maintenance from that data? are we right? Regards.
Respected Client
As per your query the builder asking you mentaince charges for two years and from possession. I advice you please go through the agreement which you have signed prior to possession. If all flat wonders having possession and ready to form society. No need to pay any other charges. Let society to decide the mentaince charges.
For More detail you may contact me
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1) Builder is asking member (Flat owners) has to pay maintenance from the date of possession .what is the solution?
Answer: If you took possession in Feb, 2018 then you are liable to pay maintenance. But has the OC and CC come? Is the society formed? If not then the builder is bound to form it and the society should collect maintenance not the builder;
2) Flat which are empty will give 50% maintenance only? who is going to decide rule?
Answer: At least an ad-hoc committee should have been formed. The committee shall decide this;
3) After completion, he is planning to extend his shop in the parking area (saying i hv still 700 sq ft FSI with me)
Answer: He will need to take permission of the municipal authority along with all the licenses and clearances;
4) After society transfer, is builder allowed to do modification in the building without society permission?
Answer: Once the society is transferred then the builder has no role to play;
5) We are saying u first transfer building to society then will pay you the maintenance from that data? are we right?
Answer: Yes you are absolutely right.
Helpful?
Adv. Gowaal Padavi
Mumbai | 1000+ Answers
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