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'Maintenance cannot be levied until you get flat possession or become member'

The Free Press Journal - Mumbai

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October 13, 2025

I had booked an under construction flat in Badlapur and the registration and the possession was completed in 2024. The society has been charging maintenance at compound interest since its formation.

- Sharmila Ranade

Please, tell me from which period | am liable to pay maintenance and at what interest as per the bylaws?

Madhuri Mishra, Vashi

As the dates of purchase, registration, actual possession, OC and the society formation are not mentioned, I assume that you bought the flat at an advanced stage of the project when the society was already registered and functional. For the society to levy the maintenance, you need to be admitted as a member. The charges can be levied from the date you became the member, which can happen only after possession.

The charges can't be sought for the period when you were neither in the possession of the flat nor were a member. The rate of interest to be charged for delayed payments is decided by the general body. The society can charge simple interest up to 21% as per bylaw 71. However, it is up to the general body to decide the rate of interest less than 21%. You may ask for a copy of the resolution of the general body to know the interest rate. Bylaws do not provide for levying compound interest for defaulted payments.

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