(Querist) 25 April 2018
This query is : Resolved
Hello Respected members, I live in a gated community containing 165 independent villa's. I had bought this in resale option and got the NOC from the seller. But the OC is still due and also corpus fund and amenities charges. These charges are not demanded as not all is ready. Here I would like to know whether the builder has any right to collect maintainance charges from each one of us even though he has not given OC and provided basic amenities listed in their sale catalogue, like drinking water, solar fencing, CCTV security, power back up for common areas, proper roads, etc... The builder is demanding and few of of us are paying for fear of losing out on regular maintainance of property, individually and also common areas. Please guide with lust out sections under various rules.
(Expert) 25 April 2018
IF IT IS A CHS LAND builder IS LIABLE TO GIVE YOU COMPLETION AND oc. WITHOUT WHICH HE CANNOT CLAIM MAINTENANCE CHARGES. once HE HANDS OVER CC AND OC YOU'VE NOTHING TO DO WITH BUILDER. You HOLD AGM AND CONDUCT ELECTIONS AND ELECT CHAIRMAN., VICE PRESIDENT ETC AND THEY WOULD APPOINT SECRETARY. ALL THESE PEOPLE WOULD BE UNDER A RESPONSIBILITY TO COLLECT YOUR MAINTENANCE CHARGES. INSIST ON OC AND CC FROM builder. COLLECTING MAINTENANCE CHARGES IS ILLEGAL ON HIS PART.
(Querist) 27 April 2018
Thank you for responding, but the builder is insisting nd pressurising for maintainance charges, else threating us with non completion of common areas , deterioration of colony maintainance, etc.. what action can be taken against him. Where do we complain , without being revealed.