• Regarding Maintenance charges

Sir,
I am residing Bhubaneswar. In my apartment society 1 bhk to 4 bhk flat sizes are there.. but the management committee in their general body meeting passed a resolution that irrespective of flat size they are imposing to pay fixed maintenance charges per flat Rs.2400/-per flat earlier it was Rs.2000/- which we are paying regularly.There are 1/bhk 2 bhk flat owners which is higher maintenance charge to us.. They are collecting corpus fund fee per flat per year in sqft basis but on the other hand they are collecting maintenance charge on fixed mode..kindly guide please.. how can I defend legally on this ..Regards. A.k.sabat
Asked 6 years ago in Property Law
Religion: Hindu

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11 Answers

1) maintenance charges are to be levied as per provisions of bye laws 

 

2) what is provisions of bye laws adopted by your society 

 

3) kindly clarify 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

1. Well, in most of the states the Apartment ownership Act prescribes imposition of maintenance change as per area of the flat.

2. Even if the Act is not in force then also this procedure is most logical and justifiable as far fixation of the common area maintenance e charge as per the area of the respective flats.

3. So you can dispute this exaction of charges and seek relief injunction till defects are cured by law.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. Please check the bye-laws of the Society, for the terms and conditions of charging service & maintenance charges.

2. Typically in a Society /Association, the service & maintenance charges, are charged as per unit /Flat basis and not on per square feet basis.

3. Barring the service & maintenance charges,  "ALL" other types of any charges are to be charged "per square feet basis".  This is as per a Mumbai High Court order.  However this again depends on the bye-laws of the society. Please check.

 

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

All services facility should be collected equally from each flat owners common amount.

 

And sinking funds, building repairs where the sq ft expenses acured that per sq ft wise should be collected.

 

Kindly check the cooperative housing act for this.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

If the maintenance amount ws fixed in a general meeting of the members and the same has been incorporated in the bye laws then it becomes the duty of the members to abide by the rules.

You had an opportunity to object and refuse to accept this exorbitant charges to the small type of flats, whereas you failed to utilize the opportunity then but now you are making a hue and cry over it which may not be entertained by the association quoting the relevant provisions of bye laws in this regard.

You may talk to the like minded aggrieved parties to obtain support to your fight against this grievance.

You can decide about taking legal action with some collective people support

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

See as per the law maintenance can be charged on both Sq. Ft. Basis and fixed charges in case they are applying on member wise that fixed same cannot be challenged as same is legally correct.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Society can decide manner to calculate MC but you can refuse to accept and demand area wise MC. Join all affected owners,

Last remedy stay from court.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Dear Sir,

Popular methods of calculating Maintenance charges

There are two common ways in which each housing society can decide the service charges for each member. The society is free to choose the design that suits their respective needs. The two popular methods used to calculate maintenance charges are:

Flat Wise: Flat wise service charge module calculates sum or total maintenance charge to be incurred by the society and divides equally among all flat owners irrespective of the size of the flat. This method brings a sense of fairness to each flat owner and society resident. This method is best adopted in housing societies where each flat is of the same size.

Area Wise: Under the Area Wise maintenance charge method, the total costs incurred by the society are charged according to the area in terms of per square feet owned by each member. The common areas are divided equally using a fixed rate while flats are calculated depending on the size of the apartment. For example, If acrate is Rs. 2/sqt then for 1000 sqft flats it is Rs 2000/per month and for 1500 sqft flat it is Rs 3000/per month.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

you can challenge the maintenance fees being equal to all , when the flat sizes are totally different on the grounds of equity and natural justice. As per law, if a contract is not equitable and against natural justice , then it is void.Issue notices to flat owners association and file a civil suit on the grounds of unfair treatment. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes you can defend it legally and file a complaint to sub registrar of societies for charging inappropriate maintenance from smaller flats as compare to bigger flats. 

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Actually maintenance for common expenses cannot be charged through area wise pattern. Common expenses are shared equally. But if common expenses in your society depends on area wise pattern then you can challenge it before dy.registrar

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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