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Maintenance charges for unsold flats with builder

13 February 2015 poonam, kalyan

Dear sir/madam
Our building society formation has been done by builder but just we want to know that can we charge maintenance charges from builder for the unsold flats if yes under which provision

Society Maintenance Charges

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Comments (12)

  1. Societyhive support
    16 February 2015

    Dear Poonam,

    The co-operative act provides that builder becomes the automatic member of the society as during registration of society. The appendix submitted shows as unsold (in his possession). Hence, the builder has to pay the maintenance.

    Secondly, only point the builder enjoys is that he does not pay Transfer Premium when he sells.

  2. Ramchandra Jadhav
    03 March 2015

    Kindly advise which section of the co-operative Act provides that the Builder becomes automatic member.

  3. Satish Sharma
    19 March 2015

    As per Rule 8 of the Rules framed under the MOFA Act, inter alia provides that "where a co-operative society or a company of persons taking the flats is to be constituted, the promoter shall submit an application to the registrar for registration, within four months from the date on which the minimum number of persons required to form such organisation have taken flats.Rule 9, which is material, provides that if no period for conveying the title of the promoter to the organisation of the flat purchasers, is agreed upon, the promoter shall (subject to his right, to dispose of the remaining flats, if any) execute the conveyance within four months from the date on which the co-operative society or the company is registered, or as the case May be, the association of the flat takers is duly constituted.Therefore, relevant provisions of the Act and the rule, referred above, clearly indicate that duty is cast on the promoter to register the co-operative society or a company, within four months and he is expected to be a member of unsold flats of such a society.

  4. Devin
    28 September 2015

    We have the same problem. My flat is in tamil nadu. The builder has 11 unsold flats of total 236 flats. But not clear whether this is applicable in Tamilnadu.
    Can you please advise on how to proceed in my case.

  5. pillai
    18 February 2016

    The builder here is actually a 'Statutory Member' and is liable for all charges as an ordinary member.

  6. Roger
    26 February 2016

    How long can a developer keep unsold units in a co op hsg society. Our society was conveyed in 2013 the developer has 6 shops and 1flat as unsold. My question is how long can he keep it as unsold. Developer pays regular maintenance and all other charges charged by society

  7. Ashish P
    19 April 2016

    what about the case where builder is not ready to share the burden of the CAM before the formation of society. Builder says that for the period before formation of the society CAM will be only paid by the purchasers not by builder for unsold flats.

    can someone please advise ?

  8. varun k singh
    14 December 2016

    suppose i have purchased the remaining last flat in 12 flat building( In Jaipur,Rajasthan state) after 2 years of construction. in this case the society registration will be done by builder or building residents?

    (2) & water connection liability will be from builder or society residents?
    (3) if building is permissible for G + 2 than if any room is constructed by the builder on 3rd floor than who will be owner of room ( on 3rd floor) society or builder?
    (4) parking & roof ownership responsibility is of builder or society residents
    (5)if, Moisture & seepage occur within 6 month after purchase the new month than who will be responsible for repairing ? if builder than for how many years---

  9. Raju Rajput
    27 January 2017

    Is a builder a member of the CHS (formed by the residences) for his remaining unsold flats in the society though he pays maintenance for his remaining flats.

    05 May 2017

    Our builder has not constructed 60 units of flats i.e as per project approval 120 units to be constructed,but builder has constructed only 60 units and the balance 60 units not constructed. please advise whether we can collect the maintainance charge for unconstructed units from the builder as an association of allottees. Further the builder is refusing to provide the completion certificate, because they are not interested to complete the project as approved. SO WE ARE NOT GETING THE FACILITIES AND EMINITIES PROMISED TO PROVIDE BY THE BUILDER.

  11. Zubin Kanga
    23 November 2017

    The unsold flats are situated in a housing Society (proposed) in Mumbai, Maharashtra.
    The Society has raised maintenance charges to the Builder for unsold flats in his possession.
    It is agreed upon in the Agreement of Sale between the Builder and Flat purchaser that the Builder shall not pay maintenance charges for the unsold flats in his possession. Builder is willing to pay Government taxes.
    Under which Act or Rule does a Builder automatically becomes a member of the Society ?
    In such circumstances, is the Builder liable to pay maintenance charges to the Society ?

  12. A.Saraiah
    09 April 2018

    I am owner of 2bhk flat staying with my wife only in an apartment in hyderabad having 20 flats (ten 2bhk and ten 3bhk with 1050sft and 1380sft respectively) with cellar and silt and 5 floors.constructed in 1067sq yards.Buider sold all flats and handed over to some naminated persons and asked them to collect maintenance charges of Rs 1000/_ from each flat.He enmarked 23 parking places, sold 3 parkings places to three to 3bhk owners.He provided only electrical meter for Lift operation,pumping water by two borewells, lighting on comon area.There is no water meter in flats. Family members say 8, staying in 3bhk in 5th floor and one family member staying in 1st floor who never used lift.Being 1) variation in flat areas 2),using of water charges ,lift operating charges by having more family members , collecting maintenance charges flat wise is un fair and unjustified. I brought to the notice of all persons. And also shown a paper the Guide to calculation of maintenance charges in apartments by downloading from net.But they are not coming forward,because of 3bhk owners are being President,Secretory Treasurer,Organising Secretory,Adviser,and follower. I am only person to argue for systems ,adapted to get justification to everybody at maximum extent.
    Recently we took munciple water connection by owners contribution.from HMWSSB. For water connection charges, the HMWSSB charged on plot area. You know the area of plot devided to flat owners proportionately. Here also they insisting to collect flatwise.So please give me suggession and guide .My question Builder can sale or allot extra parking places to some flat owners even though plot area is resistered proportionately to 20 flat owners? What suggetion you will give to our Welfair Association .I paying M Charges flatwise from last 4years. Being elder in our apartment ,how can I track them into stream line .For this ,any way is there like govt rule?

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