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service society act of Gujarat

27-Jul-2015 53:06 PM

Dear Sir, our society is ragister under service socity,builder had handed over the society to chairmain. socity is cooliecting mantaince charges. builder is not paying mantance charges for non sold flats. kindly help to understand what is the act?does society can collect the mantance from builder for non sold flats?

30-Jul-2015 57:04 PM

Reply: Dear Sir, Thanks for your query on anyaayvirodh.com we are always committed to provide the best possible solution To your problem however your question is a bit ambiguous kindly let us know your position in the society i.e. Are you are trustee of the society or holding any other position? According to the societies registration and regulation act 1860 maintenance charges are borne by the members of the society itself, A builder is not bound to pay maintenance charges on anybody’s behalf A society is a self governing group of individuals bound under a memorandum of association according to the act and all the members collectively Contribute to the maintenance of the society. A society cannot exist without a definite member of individuals which required to register a society. The minimum requirement is of 7 members. Now in the light of the act it is quite clear that since some flats are left unsold that means the society does not exist at all? For your further convenience we would request you to brief us the whole synopsis of your issue and share all details related to your society i.e. share certificates of the society or any other Document containing the details on our e-mail so that we can provide you with a satisfactory and legally protective answer.