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Maintenance Collection for some buildings not done.

03 November 2014 Sushil Sharma, Pune

I bought a flat in Pune in society with over 15 buildings.
The builder took an amount of 50,000 for maintenance at time of possession for 2 yrs of maintenance.

Now some buildings had possession early and some even after 1.5 yrs. Its now been 3 yrs and still there is some work left by builder due to which society handover is not done.
We have an acting committe which functions as CHS (not registered offcourse) and does maintenance collection and society maintenance.

The problem is some building started paying maintenance after 3 yrs of possession inspite of 2 yrs(i.e. 24 months). The people of these building are part of this acting CHS committe and say that since builder did not start using funds from our maintenance account they are not paying for extra 1 yr.

This is causing problem for other building members as they also want 3 yrs. Now i would like to know what action can be taken on these building members who deny paying after 24 months as builder did not maintain accounts. This problem is only with 4 buildings and sum can go to 30 lakhs for a year.

Kindly suggest a legal/corrective action which we can take as members and not feel cheated by acting CHS.


Society Maintenance Charges

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Comments (4)

  1. Societyhive support
    04 November 2014

    Dear Sushil,

    Please specify the type of registered society as the rule changes accordingly.
    Are you planning to register your society as CHS (co-operative housing society) or Apartment owners association?

    Some more information about the type of society is at:

  2. Sushil
    04 November 2014


    Thanks for prompt reply.
    Currently the society is not registered and we plan to register it as a Co-op Housing Society.

    We are working with builder for society handover on different thread.


  3. Societyhive support
    04 November 2014

    Since the society is not registered, you cannot send notice nor can an ad-hoc committee proceed legal as you have no legal stand.

    You (the ad-hoc committee) should work with the builder to get the cooperative housing society registered and get handover from the builder.

    If the builder is non-cooperative, only recourse as per mofa the builder is responsible to maintain the society. You can send notice to the builder if he does not maintenance. And, approach consumer court against the builder.

  4. Ajay Kukreja
    20 December 2017

    Hello Sir,

    Our builder has given us the possession 2 years before and have taken maintenance amount of 45K for 1.5 years. However builder has still not handed over the society and lot of finishing work is pending in the society.

    However builder is now asking to handover the maintenance to the residents even though society is formed. Also he has not got OC or completion certificate from municipal corporation. Please help how to deal with this.

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