India  |  Real Estate Law

Legal Question

Asked on: 4/11/09, 3:07 am

Co -op Housing Society Laws (Mumbai)

Greetings!

This letter to clarify a couple of complicated issues facing housing society. The problem pertains to a recently formed housing society. The builder has constructed a number of small 1 RK & 1 BHK flats and sold them to buyers as combination flats as per their space requirements. Many occupants are having two small flats combined to get one 2 BHK flats. If one needs a 4 BHK flat, the builder has combined four smaller flats and sold them. In all such cases 2, 3 & 4 separate agreements have been made as per individual need.

Please let us know how the share certificates have to be issued and how the maintenance expenses have to be charged from these combination flat owners. A 4 BHK owner for all practical purpose is a ONE flat owner although he has four agreements made and registered; similar is the case for 2 BHK and 3 BHK flat owners.

Should the society charge lift maintenance charges, services charge, water charges, two, three or four times as per agreement or should we charge it only once equally distributed as per model by-laws. Please confirm the correct legal position a society has to follow to fix maintenance charges.

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