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Can Apartment Association charge higher maintenance from person who has paid advance?

07 January 2020 Ankur Nema , Pune

Our issue is:
-> We have an apartment association registered in 2008.
--> Builder has created an account in name of the association.
--> Society is constructed in two phases. Phase 1 has 129 units spread across 8 apartments and 6 bungalows.
--> Phase 2 has 4 apartments with 172 units.
Phase 1 residents have paid advance at rate of 1.50 per sq ft per month to the builder which was taken in association account directly.
phase 2 has paid advance at rate of 3 - 4.8 per sq ft per month (for 2 year period) to the builder which was taken into association account as well.
--> The current rate of maintenance is 2.25 per sq ft per month.
The current committee is not issuing periodic invoices to phase 2 residents stating that you have paid advance so we will issue a single invoice at end of 2nd year and your advance maintenance will be 0. This will lead to charging higher maintenance from new residents wherein phase 1 will enjoy lesser rate.

Is this legal?
How to deal with this issue?

Society Maintenance Charges

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