Flat maintenance amount

This query is : Resolved 
 

(Querist)
14 August 2019

I have given a flat for rent. Both the owners and tenants are paying equal amount of maintenance. Now without calling the flat owners who has rented out the houses, they have conducted a meeting and decided that the flat owners who have rented their houses should pay Rs.1000/- for each quarter, to meet out the association running expenses. Is there any rule like that. Kindly clarify.


KISHAN DUTT RETD JUDGE (Expert)
14 August 2019

Dear Sir,
They cannot do like that. You may get issue a legal notice and threaten them to approach Civil Court provided yours is a legal entity.

SHIRISH PAWAR, 7738990900 (Expert)
14 August 2019

You can discuss the issue with land lord as to who will bear the additional expenses.

Manoharan (Querist)
14 August 2019

Mr. Shirish Pawar has not understood my question clearly. Sir, Both the house owners and tenants residing in the apartment are paying maintenance amt equally. Now the association is telling in addition to the maintenance amt paid by the tenant, those house owners who given their houses for rent should pay extra amt of Rs.1000 per quarter. Is it legally correct?

kavksatyanarayana (Expert)
14 August 2019

Ji, if there is any such clause in the Byelaws of the society, then they colllect extra amount. If no such clause you shall report the matter to the Registrar of Housing Societies by registered post.

P. Venu (Expert)
15 August 2019

Any suggestion depends upon whether the decision is lawful or otherwise. The bye-laws, the statutory provisions as well as the decision making process needs to be examined.

Manoharan (Querist)
16 August 2019

Thanks for all the replies. First they have registered the Association. Now they have not renewed the registration and it is a unregistered body. When it is not a registered association, the power for the Bye-law is nil. More over when a decision is taken for a subject which is not included in Bye-law, I think 2/3 of majority of owners is necessary and they cannot take arbitrary decision, without calling house owners rented their houses. Am I correct?

Hemant Agarwal (Expert)
19 August 2019

1. Once a Legal Entity (Association /Society /Co. /.... ) is registered, THEN the same is NOT required to be renewed and there is no legal provision for the same. However a Legal Entity can be "de-registered", by following due procedure of law.

2. Charging anything out of Normal is Breach of Trust, Mischief, Intimidation, .... and is classified as discriminatory. Hence by virtue of this, charging anything additional over and above the normal prescribed charges are illegal, even if reflected in the bye-laws or any resolutions and is a prosecutable offence under the Consumer Protection Act.

3. For answers to most of your queries, you may prefer to visit the following links, only for basic understanding in your matters:

https://chshelpforum.com/non-occupancy-charge
https://chshelpforum.com/service-charges-of-chs

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

N.J.S.Rajkumar alias narasimha (Expert)
19 August 2019

Mr.Manoharan the querist is Right. Mr Hemant Agarwal doesn't even know the Fundamentals as Rightly pointed out by Expert Mr.Munshilal.

N.J.S.Rajkumar alias narasimha (Expert)
19 August 2019

Any Association Or Society if it is not renewing the Registration they will loose their status of Registered Entity

N.J.S.Rajkumar alias narasimha (Expert)
19 August 2019

Any Resolution or decision taken by such Unregistered organisation would be legally invalid

N.J.S.Rajkumar alias narasimha (Expert)
19 August 2019

Mr.Hemant Agarwal should appreciate and follow the advise and guidance of Mr.Munshilal ji for better performance-- Keep Smiling.

N.J.S.Rajkumar alias narasimha (Expert)
19 August 2019

Dear Querist, You could serve a Legal Notice to them in detail to the person who demands it from you please



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