Dispute on collection of maintenance charges
Our society has 3BHK and 2BHK apartments with Sqft ranging from 1060 to 1675 and since inception of the said society the maintenance charges was collected on square feet basis as mentioned in Schedule “F” our sale deed .
Since our sale deed mentions that maintenance to be paid as per our proportionate share of ownership we are paying as per square feet basis owned by us. out of the blue in October 2020 without following any guidelines mentioned in the bye-laws, the 2020 committee unilaterally decided to implement the maintenance charges on equal basis and that too retrospectively from January 2020.
Repeated requests, suggestions, and options on mode of maintenance went on deaf ears. A request to change the bye laws was also informed, for which the 2020 committee President mentioned that there is no need to change the bye laws. Hence by forcefully implementing the change in mode of maintenance aggrieved members started asking questions they were silenced by personal attacks.
In the AGM called for on 20th December, the 2020 President mentioned that since there is no financials available this is not an AGM, hence there is no AGM conducted till date. The election of next committee was also conducted in the so called AGM on 20th December 2020 which is also improper as it was declared not an AGM by the then President. We fail to understand how the present committee accepted their nomination and are continuing in office.
The current committee members are sending notice through emails to members who are not paying maintenance charges on equal maintenance basis and have also sent lawyer notice for which reply has been sent. Our queries raised go unheard and there are no responses on providing
Financial Statements for the Year 2019-20, Financial Statements for the Year 2020-21 and seeking the names of members who have opted for legal course does not get addressed.
The current President, Secretary and the President and Treasurer of 2020 were one of the signatories in a request to make this equal maintenance. Once they became the committee members, they went ahead with their agenda.
Issues we are facing:
a. We are being harassed, targeted personally, and are living under fear as we are minorities in this apartment.
b. We are deprived of our rights to ask and we are shamed publicly on WhatsApp and other forums.
c. We and our families are undergoing severe mental agony, depression etc. for the acts and deeds of the committee members of 2020 and 2021.
We tried reaching out to the District Registrar and the Registrar of Societies for a guidance on the mode of maintenance but are only re-directing us from one office to another.
please advise next steps.