Don't become a society maintenance defaulter:
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| Don't become a society maintenance defaulter |
I was shocked to see the list of society maintenance defaulters. There were some 17 flat owners. The total unpaid/overdue maintenance charges were around 10 Lakh Rupees. And this was a list of only 1 building. There are some 320 plus flat buyers in some 6 buildings plus a couple of bungalows in Teerth Towers at Sus Gaon. Guess! What would be the total number of defaulters and unpaid maintenance charges!!
How can a co-operative housing society survive when there are so many defaulters? I asked myself.
No. No. Ravi, you don't bother about the co-operative housing society. You are here to find out why Teerth Towers CHS is doing injustice to Mr. Rahul - your reader. Mr. Rahul expects you to take his side and help him to fight against injustice.
"I have already paid 2 years advance maintenance charges to the builder. I took possession of my flat in 2016. Means I don't have to pay maintenance for the next 2 years. Right?" Rahul asked me.
"Right," I said.
"Then how can the society demand maintenance from 2015?" Rahul asked.
"Why from 2015?" I asked.
"In 2015 the society was formed," Rahul said.
"Okay," I said.
"Not only that! The society is charging 21% penalty interest on the delayed maintenance charges!! 21% is so unfair!!!," Rahul said.
"Rahul, but this is 2019. Why didn't you resolve this issue in 2015, 2016, 2017, 2018? Are you facing some financial problems?" I asked.
"Money is not a problem. I am doing well in the USA," Rahul said.
"Oh! The USA is the problem!!," I said.
"No. Society is the problem," Rahul said.
Let me find out, I told Rahul and visited Teerth Towers last weekend. And you know what? As per the defaulters' list, Rahul was number one problem. He was number one defaulter. He hasn't paid since 2015. On 31st December 2018, Rahul's outstanding society maintenance charges were around 1.6 lakhs.
"Is this the case of miscommunication?" I asked the treasurer of Teerth Towers who happened to be at the office.
"Look at this statement. Our communication is in black and white," Mr. Treasurer said.
"But why from 2015?" I asked.
"In 2015 - one fine day - suddenly - the builder stopped the maintenance - withdrew his staff - including the security - so all of us - the residents - flat owners as well as renters - came together and decided to manage on our own - starting with गस्त at night - to protect our families - as much as one can - we pooled our own money - to run the society - then eventually we won the legal battle and formed a co-op society - then we formalized everything and managing well on one side and fighting legal battle on the other side," said Mr. Treasurer.
"But all this time Rahul was not here - so he may be unaware," I said.
"We have informed each and everyone," Mr. Treasurer said.
"But Rahul has already paid 2 years maintenance charges to the builder and he has taken possession in 2016," I said.
"Yes! I know. The builder has given us a list of those who had paid. But he hasn't transferred any money. So, he has to deal with the builder about it. He knows that" Mr. Treasurer said.
"Okay. Why 21% penalty interest on delayed payments? Isn't it too much?" I asked.
"First - It's as per by-laws. Second - You know how much we pay for tanker water? We don't have a water supply line. We don't have a drainage line. We have to run the sewage treatment plant and use tankers to transport overflow. Look at the size of the project and the height of these multistory buildings. Our common electricity bill is huge. Our maintenance charges are too much - still, we collect around 4,000 per month - is it too much?" Mr. Treasurer said.
"Are you repenting?," I asked.
"I am stating facts, please, explain this to Rahul," Mr. Treasurer said.
"Sure," I said and took his leave.
I was very much convinced that Rahul is a dumb ass. Like every NRI. No! He is a double dumb ass. Like every flat buyer who books a flat in a fringe village like Sus, Mahalunge.
"Ravi, this is not fair. You know that Rahul is not a dumbass," I told myself.
"Yeah! Rahul is an ass - not a dumb ass. But, Mr. Treasurer of Teerth Towers is a gentleman. Right?," I asked myself.
"How?," I asked myself.
1) Rahul is an ass because -
Like every flat buyer, Rahul is delusional - he assumes that he is the owner of his flat.
But the fact is - till you don't repay the home loan you are the tenant of the bank.
For a Co-Operative Housing Society (CHS) - you are just a shareholder and a flat holder. An allottee. Not an owner. The CHS is the owner. CHS owns the land. CHS owns the building.
It means that you can enter your flat because CHS lets you use the staircase or a lift. You can take a bath, wash your clothes and utensils only because CHS supplies water to your flat. You can watch TV in your living room only because CHS supplies power.
Just imagine what will happen if one morning you wake up and find out that all floors below and above your flats have vanished in the thin air.
Rahul doesn't understand that he can survive only because he is one of them. So, it is not only about him. It is about all of us. CHS is a collective living. CHS survives because everyone contributes.
That's why - no one can refuse to pay maintenance charges and hold others for ransom. Put others life in danger.
Rahul, accept the reality. You are not a king. You are just a cog in this machine called Co-Operative Housing Society.
When your spouse, parents, and friends tell you - 'Buy a flat' - 'Invest in property' - they are not interested in your well being. They are just fulfilling their duty. The duty of creating debt. Because the economic engine runs on the debt. And CHS creates big debt very efficiently.
Though you live in the USA, you have fulfilled your obligation by buying a flat in Pune. Now, fulfill your duty by paying maintenance charges so that the residents of Teerth Towers can survive.
2) Mr. Treasurer of Teerth Towers CHS is a gentleman because -
As per the By-Laws, Co-Operative Housing Society has tremendous powers. But it looks like that Mr. Treasurer hasn't used any.
For example - Within 30 days from 31st March of every year, CHS can classify a maintenance defaulter as a 'Non-Active Member'. Not only that! If the member hasn't paid society charges for more than 3 months, CHS can confiscate the shares held by the maintenance defaulter and expel him!
A defaulter cannot vote or contest the election of the managing committee. And CHS has all rights to pass the rules about how to deal with the defaulter. Sometimes, some CHS has even disconnected water and electricity supply of the defaulter - which, of course, is illegal. CHS can't do this because this is inhuman. But, of course, CHS can put restrictions on using common parking space, refuse to give NOC - No Objection Certificate - etc.
Under Section 101 of Maharashtra Cooperative Societies Act 1960, a CHS can file a case with Deputy Registrar of Co-operative Societies for the recovery of the dues and get the order to confiscate and auction not only movable goods in the flat but the flat itself.
It only means that Mr. Rahul, the smart NRI property buyer, should not take disadvantage of Mr. Treasurer of Teerth Towers at Sus,
Yes, of course, Rahul can fight for reduced penalty interest, but first, he should clear his dues.
Why only Rahul? No one should become a society maintenance defaulter.
What say you? Am I right? Please, share your views in the comments.
Photowalk of Teerth Towers Sus:
Related Stories:
1) Sad story of a son who purchased a flat in Sus
2) How to deal with your childish and selfish parents
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