Is it legal to pay maintenance cost in advance?- Property News

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Expert: Uday Wavikar, Vice President, Consumer Court Bar Association - Maharashtra and Goa.

Question: I booked a flat under a 99-year lease in a housing project near Lonavala, Maharashtra. Along with many other buyers, I registered documents from the builder. All the buyers have agreed to pay an advance maintenance charge for the next 15 years as part of the agreement. The term of 15 years will begin after possession. The slab-wise construction demand note mentions the flat dues, maintenance dues and the taxes on them separately & individually. Is this legal?

Answer:  As you, yourself has agreed on the terms to pay the 15 years maintenance will in advance, now  arguing that the terms are unfair does not sound good.   Kindly go through the terms of your agreement, whether it is mentioned how and when the builder can withdraw and use the deposited money in the ESCROW account.

There is one solution to your query of 15 years maintenance since the builder has sold the flats and had given the possession, all the members can get the society registered and after registration of the society, the builder has no right to demand the maintenance anymore.  After the formation and registration of the society, all the members have to form committee who will handle the issues of maintenance and thus, all the maintenance will be with the society and its members.