Legal Question in Real Estate Law in India

hello,

We have a society where the entire project has 8 buildings. Society was formed 1 year before. At the time of construction builder provided a facility for solar water heater at the additional charge of 50 thousand each to flat members and it was optional, So out of 8 only 6 buildings people have opted this facility at the additional charge.

Now after one year, the entire solar water heater needs maintenance. And those 6 building members say that amount should be paid from the society maintenance amount. As this is not the facility which was provided to entire society and it was optional purchase by 6 building members. At the time of purchase they did not think about the maintenance cost. Is it legal to pay this amount from society maintenance? Isn�t it a burden on pocket of people who have not opted for this facility?

In the society GB meetings, when we put the point that the maintenance cost for water heater should be collected separately from the people who opted for it , few people say that they stay on first floor so they don�t use lift, so they will not pay the maintenance amount, this is just to oppose the decision. Can you please advice is it legal to pay that amount from society maintenance amount? What is the solution for this?

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