RESIDENTS ASSOCIATION - ASSOCIATE FEE

Querist : Anonymous (Querist) 21 December 2010 This query is : Resolved
I AM LIVING IN A RENTED APARTMENT IN CALICUT WITH FAMILY SINCE 2008. AS PER RENT AGREEMENT, I AM REQUIRED TO PAY RESIDENTS' ASSOCIATION FEE WHICH I HAVE BEEN PAYING DIRECTLY TO THE ASSOCIATION ON BEHALF OF THE OWNER.

SINCE EARLY THIS YEAR, THE ASSOCIATION HAS INTRODUCED AN ASSOCIATE MEMBERSHIP FEE PAYABLE ONLY BY TENANTS IN THE APARTMENT BLOCK. THEY HAVE ALSO INCLUDED A CLAUSE IN THE ASSOCIATION BYE-LAW TO DEFINE THIS AS "THE FEE/CHARGES FOR EXTENDING ASSOCIATION SERVICES TO TENANTS".

RIGHT NOW THEY CHARGING RS.50 PER MONTH.HOWEVER, THEY COULD EASILY INCREASE THIS TO WHATEVER AMOUNT THEY WISH SINCE THIS IS NOT RELATED TO ANY ACTUAL EXPENSE.

IS THIS LEAGLLY VALID? IF NOT, HOW COULD I SEEK LEGAL HELP? CAN I APPROACH CONSUMER COURT?

CAN OUR LEGAL EXPERTS HELP?

THANKS,

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Devajyoti Barman (Expert) 21 December 2010
The by laws of the society should be first looked into. Anyway if you wish and feel aggrieved by the acts of the society you could lodge complaint to the Registrar of the Society.

s.subramanian (Expert) 22 December 2010
You issue a legal notice to the association first recording your objections to such collection. Then you can challenge the same before the competent civil court,as you are not a member of a co-op Society,as illegal,void and null.

DEFENSE ADVOCATE.-firmaction@g (Expert) 22 December 2010
Tenants are a harrassed comunity and you are making fuss for just fifty rupees for a body which is for tenants.

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