Querist :
Anonymous
(Querist) 14 December 2011
This query is : Resolved
Greetings, First of all thanks for providing this type of platform & Service. My question is with reference to Apartment Act in Maharashtra, Facts: 1. I am the Apartment Owner. In Our building, there are @60 flats (36 nos - 2BHK and 18 nos -3BHK and 4 nos Penta-houses). 2. Currently our Committee is charging the same Maintenance cost to each Apartment owners. 3. Sinking fund is as per Sq.Ft. which had been come through the one time Maintenance charges collected in early stage. 4. Also, Committee is asking same Painting fund which is not from sinking fund from each apartment owner. Considering these facts I believe this is not convincing that each Apartment (i.e. flat) owner should bear the same Maintenance Amount and same Painting fund. Please advice how it should be as per law and Apartment acts in Maharashtra. If all mentioned facts are not as per regulations, then how should I approach for the remedy step by step?
Raj Kumar Makkad
(Expert) 14 December 2011
The charges should be collected proportionately and not on flat rate as generally followed in all societies in Maharashtra and elsewhere.
ajay sethi
(Expert) 14 December 2011
The maintenance charges are calculated either on the basis of provisions made in the bye-laws of the association or on the basis of method agreed by majority of members of apartment owners association
prabhakar singh
(Expert) 14 December 2011
I agree with experts.
Querist :
Anonymous
(Querist) 14 December 2011
Thanks of you all for the satisfied quick reply. Related to the same above query, In this scenario, the bye-laws of the Apt. association is formed before the formation of apartment deed; so is it a valid declaration? Does apartment need to register the declaration/by-laws to Any authority? If yes; what is the procedure for the same.
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