Anyone conversant with property laws?

ontherocks

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Anyone conversant with property laws could answer this question.

Who pays for the common area expenses (electricity, maintenance, etc) till the date before the apartment society is formed? The builder or the apartment owners?
 
In my case, I had paid about 50k or so to the builder for the first year maintenance. This cost was included in the agreement papers. So the builder was actually executing the maintenance tasks but it was our money only.
 
In my case, I had paid about 50k or so to the builder for the first year maintenance. This cost was included in the agreement papers. So the builder was actually executing the maintenance tasks but it was our money only.
HI Have you paid before signing the maintenance contract?
The OP has asked ........who has to pay for the "before the apartment society is formed?"
 
the builder pays until society is formed. period.
byelines:
1. builder charges you for amenities- elex n water connections etc which is usually lot more than what municipal bodies charge.
2. theres no byelaw that states a minimum members reqd to form a society.
therefore the builder gets away too quick without having to pay for any substantial bills. as soon as a few occupants move in.
its perfectly natural that this amount wud b passed on to end users.
 
the builder pays until society is formed. period.

Any acts/laws you can refer to? (like Maharashtra Ownership Flat Act, 1963, Maharashtra Ownership Apartment Act, 1970, Maharashtra Co-operative Societies Act, 1960, etc)

I don't know which act to look for.
 
The Apartment Owners will have to pay for it because all services are enjoyed by them only. The payment shall be made in individual capacity by each of the occupiers on a proportionate basis till the formation of the Association/Society.

Moreover its difficult to get hold of any builder as soon as the property is sold and final payments are made.:lol:
 
The Apartment Owners will have to pay for it because all services are enjoyed by them only. The payment shall be made in individual capacity by each of the occupiers on a proportionate basis till the formation of the Association/Society.

Are you talking from a moral point of view or a factual point of view?
 
Any acts/laws you can refer to? (like Maharashtra Ownership Flat Act, 1963, Maharashtra Ownership Apartment Act, 1970, Maharashtra Co-operative Societies Act, 1960, etc)

I don't know which act to look for.

Maharashtra Co-operative Societies Act, 1960, the lines are thin but the general postulate is-
a piece of land is owned by the man who builds an aprtmt on it and sells its fractions as individual flats .
as in any other property transaction, all outstanding dues before date of sale are to be incurred by the current owner ie the builder, and thereafter, the new owner that is the buyer.
however in common areas etc. , since they arent owned by any one person, the builder has to maintain until the society is formed which then takes over.
now, the builder uses electricity and water on the plot to cunstruct, and therefore , the money he pays is accounted for in the project cost itself.
once the possesions are given, since the utility is done by the residents, they pay money due to the respective authorities . but the channel is builder as long as the society isn t formed.
the implied thing is.. whether the builder handsover the aprtmt to society or not, the money is charged to the individual owners only. this amt is levied either by builder, or by the society once it s formed, but the purse loosened is of the owners only.
byelaws have only earmarked the body(builde/society) who ll collect the funds and make payments to authorities.
if there is any dispute, pm me with more clear and specific details abt the situation and maybe i can help you.
 
Until the society is formed, the builder takes care of maintenance but the expenses for this maintenance are borne by the the owners only. Owners pay the maintenance charges as part of the apartment cost. After the society is formed, the owners may monthly maintenance charges to the society.

There may be cases where the builder actually pays for the first year maintenance. In either case, your sale agreement with the builder would mention who pays for the first year maintenance.
 
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