Association is enforcing same maintenance for all irrespective of size
4 months ago
In building of 28 flats 7 are duplex and other flats are either 2bhk and 3bhk but association is enforcing same maintenance for all irrespective of size of flat, what is legal options are available for flat members
A.Dear Client,
Per sq, ft method is extensively used for the calculation of the maintenance charges for the societies/RWA across the country. This system of calculation is used when the sizes of apartments are different. Your maintenance charges will depend on the size of the total number of square feet in your apartment. On the basis of this method, a fixed rate is levied per sq ft of the area of the flat. If the rate is Rs.3 per sq ft and you have a flat of 1000 sq ft then you will be charged INR 3000 per month as maintenance. Unfortunately, there is no Law to regulate the maintenance charges collected by Apartment owners/Society and presently the majority of members of the flat owners association/society decide on a model that is accepted/ consented by a majority(2/3rd of flat owners). As per the Bombay High Court judgment on society maintenance charges, the Housing Society cannot arbitrarily increase the Maintenance Charges (MC) at their will. As per the decision of the Supreme Court, all buyers of the units shall be responsible for paying the maintenance charges/fees. They must pay the sum of maintenance regardless of how much space they occupy. There is no recommended method that is foolproof to calculate maintenance charges. It varies from society to society and state to state.
Per sq, ft method is extensively used for the calculation of the maintenance charges for the societies/RWA across the country. This system of calculation is used when the sizes of apartments are different. Your maintenance charges will depend on the size of the total number of square feet in your apartment. On the basis of this method, a fixed rate is levied per sq ft of the area of the flat. If the rate is Rs.3 per sq ft and you have a flat of 1000 sq ft then you will be charged INR 3000 per month as maintenance. Unfortunately, there is no Law to regulate the maintenance charges collected by Apartment owners/Society and presently the majority of members of the flat owners association/society decide on a model that is accepted/ consented by a majority(2/3rd of flat owners). As per the Bombay High Court judgment on society maintenance charges, the Housing Society cannot arbitrarily increase the Maintenance Charges (MC) at their will. As per the decision of the Supreme Court, all buyers of the units shall be responsible for paying the maintenance charges/fees. They must pay the sum of maintenance regardless of how much space they occupy. There is no recommended method that is foolproof to calculate maintenance charges. It varies from society to society and state to state.
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A.Dear Client,
If the apartment association is imposing uniform maintenance charges for all flats, regardless of their size or type, flat members have legal options to address this concern. First, review the association's bylaws and regulations to understand the basis for maintenance fee calculations. If the bylaws specify a uniform charge irrespective of flat size, members can propose an amendment to introduce a more equitable system. Engage with other flat owners to build a collective voice, and if necessary, raise the issue in the association's general meetings. If efforts within the association prove unproductive, members may consider seeking legal advice to understand their rights and options. Legal professionals can guide residents on filing a complaint with the appropriate housing regulatory authority or exploring legal avenues to ensure a fair and proportionate maintenance fee structure based on the size and type of flats. Open communication, collaboration among members, and adherence to legal procedures are essential in addressing this concern effectively.
If the apartment association is imposing uniform maintenance charges for all flats, regardless of their size or type, flat members have legal options to address this concern. First, review the association's bylaws and regulations to understand the basis for maintenance fee calculations. If the bylaws specify a uniform charge irrespective of flat size, members can propose an amendment to introduce a more equitable system. Engage with other flat owners to build a collective voice, and if necessary, raise the issue in the association's general meetings. If efforts within the association prove unproductive, members may consider seeking legal advice to understand their rights and options. Legal professionals can guide residents on filing a complaint with the appropriate housing regulatory authority or exploring legal avenues to ensure a fair and proportionate maintenance fee structure based on the size and type of flats. Open communication, collaboration among members, and adherence to legal procedures are essential in addressing this concern effectively.
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