Membershiip -flat owners association
Thomas Benjamin
(Querist) 10 April 2014
This query is : Resolved
Recently, one of my relative bought an apartment in Kochi. This flat has an association of owners registered under Societies act. In their byelaw, they mentioned that owners shall take the membership compulsorily. He has no objection to this clause. The association recently revised the membership fee from RS 20000 to RS 50000.00
So, pl help him by replying the following questions.
1. He wish to pay monthly maintenance charges correctly ,without taking the membership. Any legal obligations?
2. where or to whom contact for revising the membership fee other than the committee?
Dr J C Vashista
(Expert) 11 April 2014
1. Membership in an association is voluntary and cannot be thrust upon the purchaser of flat.
2. Once an individual opted to be a member and fulfilled the conditions s/he will have to abide by the Bye-Laws i.e., MOA and AOA.
3. The governing body (managing committee) is supreme, contact.
4. It is not a legal query.
5, Contact/engage a local lawyer, if need be.
Devajyoti Barman
(Expert) 11 April 2014
Yes
If you challenge the fees then Registrar of Societies is the competent authority.
Becoming member of society is mandatory in you case but you can dispute the quantum of charges before the registrar.
malipeddi jaggarao
(Expert) 11 April 2014
Living in flats means social living. Your relative can see the reasons for hiking the membership fee. If it is genuine, it is advisable to pay instead of fighting before the Registrar of Co-op.societies.
Rajendra K Goyal
(Expert) 11 April 2014
agree with the expert Devajyoti Barman ji, you may challenge the fee hike before asstt. registrar.
ajay sethi
(Expert) 11 April 2014
agree with MR Barman .
Thomas Benjamin
(Querist) 11 April 2014
We agrees with all advises and thanks to all.But Mr.Barman written that "Becoming member of society is mandatory in you case."In this case, he is a 2nd buyer and not a member of the association(registered according to the society act 1860).The membership fee is revised by the existing members(General body). He is not ready to accept the revised fee to join,because existing members paid only at the old rate. Society's duty is maintenance and management of staff, For which,association is collecting an amount of Rs3000/ monthly/head.He is paying the maintenance fee to the association without default.
This is the situation.Is the association has any right to compel a new buyer to join by paying a higher membership fee than others paid?
T. Kalaiselvan, Advocate 
(Expert) 12 April 2014
I think you may have to visit the bye laws and the memorandum of association of your flat owners association to know about the rules governing the membership and other details. If it is found to be unjustified you may always opt to initiate actions as per the provisions envisaged in the law for the purpose. Contact an advocate in the local before initiating any legal action.
