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Asif Khan   23 June 2021

Levy of charges of society maintenance in case of rwa forma

Dear All,

I am the owner of a flat in Thane (Maharashtra) whereby the co-operative society is not registered yet. From past 2 year the builder was maintaining the society with tanker water charges. I had paid the 2 years advance maintenance to the builder at the time of possession. Now the builder is backing off and telling us to form the Resident welfare association(RWA) and run the society on our own.

Now we have formed the RWA and there have arise disputed regarding maintenance charges to be charged from each flat owner. Our building consist of both 1BHK and 2BHK flats. As per our discussion the builder has asked us to maintain only three things i.e 1. Tanker Water supply service 2. Housekeeping 3. Security and remaining thing such as LIft repair, Building repairs, other repairs will be handled by builder.

Now the issue is that these 3 services will be used equally by all the members of 1 BHK and 2 BHK and all have same water inlets in their flat. Now majority of the members of 1 BHK are asking to follow per sq.ft rate of 3.75 for the above 3 services. My question is that is the above stance legal, as all the above services will be used equally by all the members irrespective of Flat size. 

Can we follow the method of per flat and divide the total expenses of above 3 services 1. Tanker Water supply service 2. Housekeeping 3. Security equally as per number of flats????

Please suggest the same as per legal point of view and actual practice. Thanks



Learning

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