Maintenance charges for unsold flats
Vijay Rangan
(Querist) 27 May 2010
This query is : Resolved
Dear Sir,
This is Vijay from Bangalore.
Our flat people are maintaining the apartments for last 2 years, now we are planning to get register our apartment association under Karnataka Societies Act. We have some unsold flats for which Promoter has not paid the maintainence for last 2 years. Question:
Whether we need to include in the bye-laws "maintenance outstanding for unsold flat has to be cleared by the promoter" or whether it is implied so that we don't have to explicit mentioning this?
Whether we can challenge the promoter for the past outstanding in the Consumer Court after sending the notices?
Whether builder/promoter has to be a member for the unsold flats to make our claim more sensible?
Thanks,
Vijay
Raj Kumar Makkad
(Expert) 27 May 2010
It is not desired to mention in the bye-laws of your society qua unsold flats as it is implied. You should pressurize the promoter to make the payment of maintenance qua the unsold houses/flats and if he do not pay then also you should not make a big issue and should prepare him to get the arrears cleared from subsequent buyer.
