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Tony David (Service)     03 February 2012

Maintenance charges for combination flats

I and nine other members of our cooperative hsg. soc. own a 3BHK flat and have been residing in the same since 10 yrs. Our flats were originally booked as a single 3BHK flat but the builder due to some reason made us to sign two separate agreements, but in the same owner's name/s. For the past 10 years we have been paying monthly maintenance charges on the basis of a single flat only. Initially, for first two or three years when the builder was maintaining the premises, he too was charging us on single flat basis.  In the recent AGM, when it came to increasing the monthly contribution, one of the members raised the point  that all 3BHK flat owners have to pay double the amount since these are two separate flats combined into one.  The society managing committee is since then looking for reasons to justify the point and accordingly pass a resolution in the next meeting. As this would have a serious financial implications in all our future contributions towards the society, I request your advice in the matter. I have gone through the society bye laws and also the Maharashtra Ownership Flats Act, and nowhere there is mention regarding such combination flats.  knowingly or unknowling if someone has entered into three or four agreements as suggested by the builder to combine 3 or 4 flats, does it mean he has to contribute accordingly. Is it practical ? Please see the attached file where a judgement regarding income tax matter for a combined duplex flat considers both flats as one. Can this reference be relevant in our case too ?



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 8 Replies

ABHIJEET PARIKH (Bcom LLB MBA)     03 February 2012

Dear Tony 

This judgement might help if the matter is in some court but now it is advisable for u and all the nine member to approach lawyer with all ur details and send the notice to the society for such arbitary increase on maintainence of 3bhk flat member 

Any Increase in maintainence of flat shud depend upon the usable area of ur Flat and common usage area for members of society which can be divided proportionally 

It is also to note that was the society sleeping for ten yrs for not realizing the fact 

however ur using the larger area than other member u will have to pay MORE maintainence as per the norm 

 

Regards 

Abhijeet

Tony David (Service)     03 February 2012

Dear Mr.Parikh,

Thank you very much for your valuable advice. I agree, since we possess larger area we will be required to pay more. But in our society there are larger houses (Row Houses) too than ours. The present system of paying monthly charges is uniform for all flats and row houses, irrespective of the area. Our problem is, if the society starts considering our 3BHK flat as two flats, then we have to pay double the amount while the larger row houses which are considered as single house will pay less. In this case we even suggested the society to charge all flats and row houses propotionately to the area, but the society is reluctant. I feel it would be fair to levy maintenance charges on the basis of area of the flat/row houses rather than charging on flat rate basis.  

Chaitanya_Lawyer_Mumbai (Lawyer)     03 February 2012

Maintenance is charged on number of units & you will have to pay twice the charges as 2 separate agreements have been done.

Tony David (Service)     03 February 2012

Dear Mr.Chaitanya,

Thank you for your reply. But can you tell me under which Act or Bye laws is ths applicable. Moreover, what is the defination of  "Unit" ? Is it defined anywhere in the MOFA or in the bye laws. Please advice.

ABHIJEET PARIKH (Bcom LLB MBA)     03 February 2012

Dear Tony 

Just because 2 agreements r registered for 3 bhk owner it would be improper to charge double maintainence from the flat owner u can specifically oppose this fact in general meeting 

and the Laws based on discrimination and logic the process of charging same maintainence from the members irrespective of their area of usage was flawed one at that small unit should have opposed it 

so therefore todays double for 3 bhk is also flawed one 

Even though 2 agreement r executed but on share certificate it is shown as single unit charging double maintainence is quite absurd 

It is advisable for u to hire a good lawyer the approach of society is not right

regards 

Abhijeet

Tony David (Service)     04 February 2012

Dear Abhijeet,

I agree with you. The law of discrimination and logic may hold good.  The builder for his own conveinence might have got two separate agreements signed leading to separate documents down the line, i.e separate Index II, share certificates & property tax, but all in the same owner's name. But does this mean all such owners are entitled for double membership in the society and can we as indivisuals be represented twice at any given time in any activity/operation of the society ? The flats in question, although shown as separate flats in the official records, they were originally constructed as one flat as shown in the builder's brochure (which I presume is a legally valid document). The flat has only one entrance door, no partition within, one electricity meter, one kitchen and one sit out/balcony.

ABHIJEET PARIKH (Bcom LLB MBA)     04 February 2012

Dear Tony 

Well this is a matter of debate then we could go on & on 

If u have single sharecertificate for the same flat in your name then there is no worries 

Now as u said that in ur society records it is shown as two units 

further if your flat is specifically numbered as 2 different units for eg 1003 & 1004 then u have pay the Maintainence accordingly for each unit

However in practical parlance whenevr any 1 ask for u for maintainence u wud say Rs2 or Rs3 per sq ft

therefore as member of society u shud urge them that maintainence be charged on the area of usage as this will not create differences amongst d member of society it would be fair n logical 

therefore it is advisable to contact a lawyer who is much in co-op society matters 

Tony David (Service)     04 February 2012

Thanks Abhijeet. 


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