1. Its not clear whether the owners association is registered under Apartment ownership Act or under any other law.

2. In any event the maintenance charges are imposed on the basis of area of property which is recognised under Apartment ownership Act as well. 

3. Now since the empty plot owners are not resident of the gated community they are not recipients of any services.  Therefore the logic for lesser maintenance charges is not illogical. 

4. In that circumstances make a consensus on CAM charges which would in all likelihood be lesser for empty plot owners. 

It is advisable to bear individual expenses instead of sharing. No society registered so legally none can demand maintianance charge.

All plot owners have to pay equally irrespective whether plot is empty or not 

refuse to agree to enhanced maintenance for residents 

if any such resolution is passed in are legal proceedings to set aside said resolution 

The vacant plot owners do not enjoy the common amenities that are being enjoyed by the residents of the villas 

If the vacant plots and resident villas are coming under the same association,  the villa owners may decide to have their own association,  especially in view of the threats posed by the majority vacant plot owners. 

The resident villa owners should not suffer because of the dominant nature of the majority vacant plot owners. 

The  resident villa owners can break away and form your own association to manage and maintain your villas common amenities and other issues pertaining to your villas alone. 

Alternately,  you can raise the issue in the next meeting and record your objections to their decision and take up the matter through registrar of cooperative societies  for relief by making a strong representation against dominance and arrogance of the majority vacant plot owners. 

- As per rule, the maintenance charges levied by a housing society are not for the purpose of maintenance of the individual member’s house, but it is for the maintenance, repairs and reconstruction of the common infrastructure of the housing society.

- Further , the society collect the maintenance charges for the society’s premises and many common services, like society’s office, roads, passages, security arrangements, water supply, supply lines, sewer lines, lifts, staircases, telecom lines, etc., which are for the common use of all members of the society.

- Further, the society has to bear these expenses even if some individual members’ houses may be lying vacant and not constructed house in his plot.

- Hence, each member is liable to pay the monthly maintenance charges to the society irrespective of whether the member has not constructed the house in the plot or not living in the house after constructing the same. 

- However, the Society can adopt two rules of the monthly maintenance charges i.e. one compulsory component paid by all members, and the second component on the actual usage basis , like if a member’s plot is vacant then he may not have to pay for the monthly water charges to the society , in case water is supplied by the society. 

The residents have to pay maintenance irrespective of whether they live there or not. Once they have purchased a property they are bound to pay tax electricity etc. It should be charged equally.

Maintenance fees depend on the common maintenance charges which are mostly equal or charged on basis of per square feet charges. You need to adopt any such method. There is no such difference from empty and filled plots. You can complaint to dy registrar if required

Dear Sir,

You are suggested to submit your grievances to the society management as well as to the registrar of society and if not heard appropriately, file the case in the court for the same. 

each n every owners have to pay equal charges. 

if your association is registered then you may approach before registrar of society. 

As  per law enforcement section equally as per size of open plot and villas in proportion to their use and holding of property. 

It doesn't matter resident or non resident, maintenance apply to both categories as per size ,carpet area,saleable area including common area with common facilities. 

Is there any registered society in your community?

If no, then tell them that you will not pay the increased fare. Ask your other villa owner to come forward and form a society.

Regards

1. Several HC judgments are available, wherein it has been held that irrespective of square feet or empty property or whatever, the Maintenance Charges shall be charged on per unit basis.

2. By virtue of the above, majority votes or members decisions have no legal value and maintenance shall be levied on EQUAL basis to all unit owners /members.

Maintenance fee must be charged on the area. Few RS/sqft.

In general maintenance fees cannot be charged from the people who doesn't have Buildings in their plots and not using the amenities of the society.