Mainteance charge
Geetha B
(Querist) 19 August 2024
This query is : Resolved
We have given our land to JV and 8 flats were build .My flat is the only only that is for 1800 sqft .Rest of the 7 flats are 900 Sq ft. When we got the handover it was decided we will pay flat maintenance charge. Now one of the owner of the 7 flats is forcing us to pay double maintenance. The maintenance is towards security, gentset, common EB charges for lift and motor. Even when genset was installed they collected only 8 shares now one of the owner is saying to put as 9 shares since we live in 1800 sqft but they live in 900 sq ft apartment.
I have stated that I can only pay if its divided by 8 .I cannot pay double maintenance charges for my flat .The occupancy of my flat is only 3 members, but each of the 900 square feet flat has separate 4 member family.
How can I resolve this legally. Please provide pointers
kavksatyanarayana
(Expert) 19 August 2024
What are the rules and regulations of the bylaws of your society? Usually, society committees levy the charges in several methods. Water, lift, and common amenities are equal for all the flat owners. Some societies observe equal charges for some amenities, and others charge per sq.ft. basis. You consult a local lawyer with a copy of the bylaws for further guidance.
P. Venu
(Expert) 19 August 2024
How is the apartment complex managed? Is it registered as a Society? If so, under which law and what are the provisions therein governing the apportionment of general charges?
Anyhow, it is the general and prevailing norm that the common charges are to be apportioned equally irrespective of the area of the flat/apartment.
Geetha B
(Querist) 19 August 2024
There is no society. There are only four owners for the 8 flats. Only one owner is
creating problems ,she wants me to pay twice the charge for my 3bhk flat. What should be done in this regard. Can i legally appeal or refuse amenities like security and power backup cause it makes no sense to pay double it comes to 10k the maintenance charge alone for only my 3bhk flat.I cannot afford to pay double maintenance.
T. Kalaiselvan, Advocate
(Expert) 21 August 2024
If there is no registered society nor a resident welfare association then you may simply refuse to pay the additional charges demanded by one owner who is bent on creating problems.
He cannot do any harm to you nor he has the right or power to disconnect your water supply or other basic amenities.
He is neither an authority nor the law enforcing agency, also you have not committed any offence by not abiding by his dictates, ask him to proceed legally which you can challenge appropriately
