There are around 150 flats out of which 10 flat owners are not paying maintenance charges for common expenses for the last 2 years. The agreement which is being enetered into by the promoter and flat owners says that they will enter into a maintenance agreement seperately which shall have full scope of maintenance charges and all.But the same maintenance agreement has not been entered in real. So now if the promoter want to recover the maintenance charges how can it be recovered.
Sec 15 of UP ownership of flats act,1975 says that allsums assessed by the association of owners for the share of the commom expenses chargeable to any flat shall constitute a charge on such flat prior to all other charges except charge,if any on the flat for payment of taxes due to the CG or SG or to any local authority under any law for the time being in force..
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