Aditya (service) 25 August 2020

Landowner is not ready to pay their share of maintenance

Hello,

I have bought a flat in a society where the builder has entered into a joint development agreement with landowners and 40% of the share belong to landowners. builder has recovered amount for maintaining the society for one year. which has come to an end. now society has to take over the maintenance and builder has agreed to pay the maintenance charges for unsold flats at the rates decided by the association of the society. but at the last moment when contracts of maintenance have to be renewed with the various vendors, landowners are denying to pay the maintenance amount of around 50 flats saying that they are yet to sell the flats and they will not be utilizing anything in the society.

As far as I understand, landowners have to pay the maintenance whether their flats are sold or remain unsold.

Need expert opinion on how to make them pay their share of maintenance and legal options available if they are not willing to pay.

please quote sections or rules if possible.

Thanks in advance for any responses.

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8 Replies

G.L.N. Prasad (Retired employee.) 26 August 2020

The owners are having 40% of stake with 50 apartments and it appears a very big venture and make it a point to identify a legal expert for guiding you in such issues as he can use his influence in not only guiding you but also convincing other parties and Registrar or builder. When compared with benefits such as professional fees are nominal and when maintenance is not your exclusive job, always entrust the same to experts as owners can afford to pay such fees in larger interest of the other owners.

P. Venu (Advocate) 26 August 2020

The landowners are bound to bear the maintenance for the property in their possession.

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Aditya (service) 26 August 2020

Originally posted by : P. Venu
	The landowners are bound to bear the maintenance for the property in their possession.

Thank you sir for your response. Is there any provision of law which I can quote while discussing with him about payment of maintenance?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 28 August 2020

Laws differ from State to State. In which State is your Society?

Aditya (service) 28 August 2020

Bangalore, karnataka

P. Venu (Advocate) 28 August 2020

in my understanding, bearing proportionate amount towards maintenance expenses is a matter of equity, not necessary of law.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 29 August 2020

If you were in Maharashtra you could have made a complaint to the Registrar under Section 101 of the Maharashtra Co-operative Societies Act, 1960 for recovery of the amount as arrears of land revenue. The laws are weak in other States. But you can file claim for recovery quoting for justification the Maharashtra law if yours is a co-operative society.

bcsomayaji (Accounts Executive) 07 August 2021

hi, flat is in Karnataka, please refer Section 10 & Section 17 (for maintenance charges allocation basis) of Karnataka Apartment Ownership At 1972 AND Section 13, Section 10 read with rule 9, Section 11 of Karnataka read with section 2 (c) of Karnataka Ownership of Flats Act 1972 for Promoter (= Land Owner & Builder obligation to form association & not to stop service without sufficient cause)