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how maintaince is charged by apartments

Querist : Anonymous (Querist) 17 January 2011 This query is : Resolved 
I would like to know how matainanc is calculated by the association of an apartment. Weather garden area excluesively for the use of oneflat should pay the maintainance to the graden area.
Guest (Expert) 17 January 2011
kindly refer your sale deed/rent agreement. At the time of sale some conditions(covenants) will be imposed and it will runs from the vendors to all the purchasers. normally the base land and its fixtures are belonged to the owners/promoter of base land and it will be maintained by them. So the flat owners has to pay the maintenance charges for garden, play ground, swimming pool, maintenance of the flat etc. (this is will be subject to the conditions of flat sale deed)
A V Vishal (Expert) 17 January 2011
Maintenance is charged for the common area facilities provided by the society to its members, however, you say that the garden is exclusively used by one flat owner, has he purchased the garden for his personal & exclusive use, then the maintenance is chargeable only to him.
Advocate. Arunagiri (Expert) 17 January 2011
The maintenance charges are collected for maintaining the common usage only. If anything is used exclusively by any body, that expenditure can not come under maintenance charges, which has to be shared by all.
G. ARAVINTHAN (Expert) 17 January 2011
you have agreed to pay maintenance for common passage, and common facilities like lifts, association, street lights and other things like car parking etc...
Uma parameswaran (Expert) 17 January 2011
It shall depends upon the existing norms in your flat. If the garden is the exclusive property of the one flat then others can restrain from paying the maintainace for the same.
Querist : Anonymous (Querist) 17 January 2011
in this case the developer has not from the begining charged maintainance for the garden space which is exclusively used by the flat owners, now that after the lapses of 5 years other flat owners ie 1st and 2nd floor owners who do not own the space are demanding for the payment of maitainance for the graden space owned by the flat owner. The garden space is maintained by the flat owner itself and it is not maintained by the association


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