Sir/Madam, I am the owner of flat (1040 SFT) in apartment located at Saroornagar, Hyderabad, Telangana. Apartment has 355 flats whose size varying from 975 SFT to 1850 SFT. Flat Owner Welfare Association has fixed equal maintenance charges of 1200/- per month irrespective of size of flat. According to The Telangana Apartments (Promotion of Construction and Ownership) Act, 1987. (Act 29 of 1987), "The common profits of the property shall be distributed among and the common expenses shall be charged to, the apartment owners according to their percentage of undivided interest in the common areas and facilities." I have informed the Flat Owner Welfare Association about the same, but they denied and mentioned that the maintenance charges for maintaining common areas will be same for all. I would like to know the rule position for such cases and request you to suggest me how to proceed further for any legal action. Thank You
1) issue legal notice to association to charge maintenance as per undivided interest in common areas
2) if association refuses you should take legal proceedings to challenge maintenance charges levied by association as the act specifically provides that common expenses shslllbw charged according to proportion of undivided interest in common areas
3) contact a local lawyer
1) its society or apartment and whether its registered under co-op society act or apartment act ?
2) when the registered took place and any byelaws has been passed in the annual general meeting.
3) let me know the details so we can proceed further.
Make detailed representations to your Flat owner welfare association and let them take a decision on your representations.In the event you are not satisfied with their response/decision ,you can lodge a complaint with the Registrar of societies.
Hi,
Please check the bye-laws of the society regarding the CAM charges. Normally the CAM charges are based on the super area of the flats but if the RWA is empowered to collect the CAM charges at the fixed rates then this can only be changed by the AGM to charge on the basis of super area.
the common expenses shall be charged to, the apartment owners according to their percentage of undivided interest in the common areas and facilities." it means that maintenance if it is a common expense shall be charged as per the share of common area and not size of flat. now if the undivided interest for common area and facility is same, then the charge will be same.
Dear,
Yes. The act is sound on the applicability of the common expenses including the maintenance charges on the apartment owners according to their percentage of undivided interest in the common areas and facilities. Discuss further with the secretary of the welfare association and apprise him of the act and its provisions and put pressure on him to arrange a meeting of all the flat owners wherein you discuss about the problem you are facing. If the Secretary does not listen to your problems or averse to provide any kind of support, send a legal notice to the association through a lawyer by directing the association to follow the provision of the Telangana Apartments (Promotion of Construction and Ownership) Act, 1987. (Act 29 of 1987). If the association do not support then approach the jurisdictional civil court for a direction to the association to charge the apartment owners their percentage of undivided interest in the common areas and facilities.
Challenge. They can't take you and all for a ride
Cause a notice and take it to real estate regulatory authority. It should be based on plinth area. Similar law in tamilnadu.
You are right.
1, The maintenance charge for each flat owners will surely depend o the size of the flat and not in a rate applicable to all irrespective of size of the flat.
2.Since the association is not doing this you can lodge complaint with the authorised Officer as prescribed in the Act
3. Thereafter you can take this matter to high court.
4.You can take the other issues like distribution of surplus of money collected in the said proceeding as well.
1. "fixed equal maintenance charges of 1200/- per month irrespective of size of flat", is possible "IF" the same is registered & recorded in the Association's Bye-Laws, OTHERWISE "NO".
Keep Smiling .... Hemant Agarwal
In terms of the Telangana Apartments (Promotion of Construction and Ownership) Act, 1987, the society have to levy proportional maintenance charges in accordance with the size/area of the flat(s) held by it's members.
Hence, the practise of levying equal maintenance from all is an improper exercise.
Send a legal notice to the Society to revise the rule regarding levy of maintenance in accordance with the Telangana Apartments (Promotion of Construction and Ownership) Act, 1987.
Approach the High Court if they fail to comply with the legal notice.
The pattern of collecting maintenance charges from the members shall be decided by the members in the general or special meeting by passing resolution accordingly.
There is hard and fast rule that the maintenance can be charged based on the size of the flat, it can be equal also and such charges are against law.
The bye law provides for a decision to be taken in this regard by passing a resolution by majority members in a special or general meeting of the association.
Actually the maintenance charges to some activities are to be as per the size of the flats and for some other issues it can be equal, so there can be a mixed charges.
This will depend on the decision taken in the general body meeting.
Hi, your stand is correct
