Since you have already lost your case filed against the said grievances, you have no option than to approach High court with an appeal or to abide by the bylaws of the society.
You may decide accordingly.
Maintenance charges in apartment
I live in a Penthouse in Bengaluru and had recently challeged legally for Equal Maintenance towards Common Area and Utilities. Presently we are being charged by Sq Ft. The court dismissed the case based on the Deed of Declaration that was submitted by the builder at the time of registration. There are only 30 odd Penthouses out of 550 Apartments in the society. Since the penthouse owners are a minority we cannot change the outcome of By Laws though Voting. I wanted to know what is the advice to ensure their is natural justice to me where the common Areas and Utilities are the same for all and there is no additional value provided by the association for my private Terrace. I understand that I can choose to go to the Higher court but would need advice if there is any hope in doing so? Look forward to hearing from any of you particularly from Local Lawyers
Asked 1 month ago in Civil Law
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6 Answers
it does not make sense in filing appeal to HC
deed of declaration and bye laws are binding upon you
To address the issue:
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Review Bylaws: Check the association’s bylaws for clauses supporting equal maintenance charges for shared areas. -
Unite with Penthouse Owners: Form a group to propose a fair maintenance structure to the association. -
Consult a Lawyer: A local property lawyer can review your case, advise on the possibility of appealing to a higher court, or suggest alternative dispute resolution options.
This approach can help advocate for fair maintenance charges for common areas without lengthy legal proceedings.
Dear Client,
As a penthouse owner in Bengaluru facing challenges with maintenance charges for common areas, you have legal options to explore. Under the Karnataka Apartment Ownership Act, 1972, all apartment owners are entitled to equal rights over common areas, and maintenance charges should ideally be shared equally, not based on unit size.
First, review your society's bylaws to see if they specify equal maintenance charges. If they do, this could support your case. You may also file a complaint with the Registrar of Societies against the association for non-compliance with the Act. If no action is taken, consider escalating this through a writ petition to the High Court.
If informal resolutions fail, you can file a civil suit against the society for unfair maintenance fees.
Additionally, if you believe your initial case was misinterpreted legally, consult a property lawyer about appealing to a higher court. Given that penthouse owners are a minority in your society, collective action may be necessary to influence changes. Ensure you keep thorough documentation of all communications and payments.
Hope this answers your query.
i think you must approach the high court
there is hope
the common areas are used by all regardless of the size of their unit
so the apartment owners cannot say that since their unit size is lesser than penthouse, they are liable to pay lesser maintenance charges
charging maintenance on basis of per sq.ft area of unit is itself illegal
it must be equally divided among all the unit purchasers
Yes it will be beneficial as the common expenses will be divided equally and only the property tax, repairs fund etc and other expenses which are related to the area will be determined as per the area
