• Payment of maintenance charges for unsold flats/plots

I saw a ref that Hon'ble SC has ordered that the Promoter/Builder shall pay to the RWA, maintenance charges for the unsold plots until they are sold. Please send me a copy of the judgement or any link, as we are claiming the same from one of the Builder who is refusing to pay.
Asked 1 year ago in Civil Law

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6 Answers

all buyers of the units shall be responsible for paying the maintenance fees. They must pay the sum regardless of how much space they occupy. The developer is require to pay the maintenance fees for unsold apartments / plots until they are sold. 

 

unable to find any SC judgment on the issue 

Ajay Sethi
Advocate, Mumbai
97438 Answers
7874 Consultations

 - As per RERA, the buyer needs not to pay maintenance charges, till he possesses of the apartment,

- Further, the builder is not eligible to claim maintenance charge before the completion of the total facilities, and only after completing everything, the builder can ask for maintenance from the buyer. 

- Further, according to RERA, the builder is responsible for paying the maintenance fees for unsold apartments until they are sold, after which the buyers are responsible.

- However, at the time of selling the flats, the builder collects maintenance funds from each buyer, which is not shown in the basic selling price, and the said maintenance fund collected from each apartment owner is deposited as a corpus fund.

- After forming society, this Corpus /maintenance Fund also came into the hands of society, the housing society can use this corpus fund amount for major repairs, maintenance, reconstruction, structural addition or redevelopment.

Mohammed Shahzad
Advocate, Delhi
14746 Answers
224 Consultations

The maintenance charges should be paid by all purchasers of the units. Irrespective of their occupancy they must pay the amount. The maintenance charges for unsold flats must be borne by the developer till they are sold.

there are clear legal provisions for builders to pay maintenance charges for unsold flats. In most jurisdictions, builders are required to set up a maintenance fund for the building, which is used to pay for the upkeep and maintenance of common areas. This fund is typically financed by the builder and is then turned over to the homeowners' association or other designated entity once the building is complete. The maintenance charges for unsold flats are usually paid by the builder out of this fund, and are usually based on a percentage of the total cost of the building. 

T Kalaiselvan
Advocate, Vellore
87639 Answers
2352 Consultations

Maintenance charges for unsold flats must be borne by the developer till they are sold. Contact for same

Yogendra Singh Rajawat
Advocate, Jaipur
23009 Answers
31 Consultations

Dear Client,

Working with an experienced lawyer is crucial if you're trying to sue a builder for maintenance fees. They can guide you through the legal system and give you the case-specific paperwork and references you need. In order to gather any pertinent court rulings or orders that might bolster your case.

Anik Miu
Advocate, Bangalore
10358 Answers
121 Consultations

Yes it’s the law now

Prashant Nayak
Advocate, Mumbai
32816 Answers
209 Consultations

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