Building accounts & sinking funds in housing society
Abhay
(Querist) 05 October 2019
This query is : Resolved
Our is Co-op hsg society. There are 4 (ABCD) buildings. While ABC was completed in 2011, D was completed in 2013. Society is functioning since 2011. There are common amenities like swimming pool, Gym, basketball court functional since 2011. Issues
1. Society asked for more money from D building for sinking fund. Their theory was to equalize sinking fund collected by ABC so far. Management Committee (MC) promised to keep all D building accounts separate. This was also minute in AGM. Now, MC, while taking advantage of majority of ABC changed stand and declared that accounts will be merged.
2. There seems ulterior motive of utilizing sinking funds and other surpluses for major repair work erupted in ABC.
3. MC charged more monthly maintenance to D building owners for more than year before issue was raised in AGM and then they brought it at par.
4. With majority of ABC members in AGM, D does not get heard. There is tendency of MC to over rule and work in interest of ABC.
Questions"
1. Can society charge different maintenance for different buildings?
2. Is it illegal to have separate account for D? D owners have clearly stated that common amenities will be paid for by D in proportion to members.
3. As ABC and D are located on different plot separated by corporation road. Could D owners request for separate sub-society with access rights to common amenities? (Note: D building is separate plot, all meters, entry, exit, water connection etc. is separate)
4. Can Sinking funds for D be maintained separately?
Society is located in Pune, Maharashtra.
Dr J C Vashista
(Expert) 06 October 2019
There can not be separate account books for each block as stated by you.
If there had been any such decision, it was invalid/ illegal, chellenge it.
It is better to consult a local prudent lawyer with relevant documents/facts for appreciation, guidance and proceeding.
P. Venu
(Expert) 06 October 2019
It is for the occupants of the D block to take a stand. They have the option to form a separate Society, so advised.
Hemant Agarwal
(Expert) 09 October 2019
1. Sinking Fund, Repair Fund & ANY other funds, has to be collected from date of Membership of the member and not on ANY other basis, which would be a prosecutable offence under the Consumer Protection Act. Further
2. "D" wing can split & form their own independent Society by following due procedure of law, without any further Legal reference to the parent society.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
