We bought a resale apartment in a complex which is comprised of 16 Co-operative Housing Societies. There exists an apex federation of these CHS responsible for maintaining the common areas including the clubhouse. As per the agreement between the promoter and the first owner of the flat, the first owner had paid Rs. 50,000/- as 'Clubhouse Development Charges' entitling her to 'the right to use clubhouse'. The apex federation now is demanding Rs. 50,000/- again towards a 'clubhouse membership' if the first owner had paid clubhouse development charges to the promoter and Rs. 1,00,000/- otherwise. Does the apex federation have the right to charge us for a membership fee when the agreement between the promoter and the first owner never mentions a 'membership' but rather uses the words 'right to use clubhouse'. From my understanding, according to the sale agreement, all the rights have now been transferred to me. So I should be peacefully allowed to use the clubhouse. Is this deduction wrong. What complicates this further is the fact that the promoter is still selling apartments wherein they are charging Rs. 50,000/- towards clubhouse development charges.
