Can society ask for additional maintenance charges

Niranjan Chaitanya (Querist) 15 April 2025 This query is : Resolved
Hi Experts,

I bought a flat in phase 2 of construction. Builder has taken 2 years maintenance in advance and handed over building to existing society.

Now society has calculated some maintenance charges and adjusted amount with paid to builder which comes to 1.25 years of maintenance.

Now society is saying your advance funds paid to builder are consumed because of high maintenance changes. Now you need to start paying maintenance from coming month even though two years are not finished.

Can society ask for such funds? Society is saying they did the same thing in their case.

Can someone guide me when I have paid two years advance to builder and mentioned in agreement to sale
can society over ride this and ask for maintainance charges?

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Quick Summary

A flat buyer paid two years' maintenance in advance to the builder. After handover, the society claims these funds are insufficient due to higher charges and demands immediate payment for the remaining period. The buyer questions if the society can override the agreement with the builder and demand extra funds. Advice suggests legal action against the builder or society, depending on who received the funds and the society's bylaws, with a recommendation to consult a local lawyer.

kavksatyanarayana (Expert) 15 April 2025
What are the rules and conditions of the society regarding the maintenance charges?

T. Kalaiselvan, Advocate (Expert) 16 April 2025
You cannot avoid paying the society demands.
You may have to abide by the bylaws of the society.
You may pay this amount and issue a legal notice to the builder to return this amount since he has already collected the same , failing which you may file a money recovery suit against the builder, however please confirm if the builder has paid the entire maintenance amount collected from you to the society, if yes, then you may have to ask the account from the society for charging excess amount and demand the bylaws for changing the maintenance amount.
After that you can think about initiating legal steps if required

Dr. J C Vashista (Expert) 16 April 2025
Maintenance charges for all flats of the society is prime responsibility of its Managing Committee / RWA / Office bearers, which is applicable to all owners and not alone for your flat;
or
There is demand solely (only) from you ?

Niranjan Chaitanya (Querist) 16 April 2025
Builder has paid money to the society demand is raised to all flat holders.

Builder has charged 100000 against 2 years of maintenance. Society is charging 6200/-pm as society charges and amount used in 16 months.

But when agreement to sale says for two years of maintenance charges specifically and nothing mentioned about provision for additional amount in agreement to sale.

Can I ask society to take additional charges from builder as agreement is for two years maintenance.

Can society demand overrides agreement to sale?

Can society spend corpus fund on maintaining society? is there any specific use mentioned in the law for corpus funds?

Which law do we refer for this?

Where do I find by-laws of the society? when i asked committee they give me some guide lines document or ask me to buy by-laws books from market.
By-laws must be something on stamp paper registered with co-op registrar with names of chairman- secretary- treasurer etc
am I correct in understanding?

T. Kalaiselvan, Advocate (Expert) 16 April 2025
You can issue a legal notice to the society stating that the demand made by the society in this regard is illegal and not maintainable because the maintenance amount for the first two years was fixed by the builder and not the society and the society is entitled to charge the additional maintenance as per its bylaws only after the initial two years and not before that.

Dr. J C Vashista (Expert) 17 April 2025
You have raised multiple questions, which is to be sorted out between builder and RWA in concurrance with majority members of the society as per terms and conditions of transfer documents.
It is better to seek professional services of a local prudent lawyer for proper analyses of facts / relevant documents, MoA, policy governing the issue(s) involved, guidance and necessary proceeding.

P. Venu (Expert) 07 May 2025
Yours may not be an isolated case. What is the stand of the other members?

Niranjan Chaitanya (Querist) 08 May 2025
@P. Venu - other resident in my building are not questioning at all. People who were opposing first now are elected in new committee so they are asking for the same now.

Isaac Gabriel (Expert) 08 May 2025
If the society is a registered one, you can raise the question in the General Body meeting and take unilaters decision to meet the same from the funds of the society. You cann also file a complaint withe Consumer grievances redressal commission.

T. Kalaiselvan, Advocate (Expert) 08 May 2025
you can issue a legal notice to the builder about this and ask him to either pay the additional amount the society is demanding or explain you that why should you pay the additional amount.
You cannot raise the question before the society then how are you going to raise this question to the builder.
you have been advised various options to overcome this problem, but instead of putting efforts to implement some useful advise,m you are again and again approaching this forum for new ideas just because this forum gives you advises at free of cost, hence you do not deserve anymore free advise.

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