Maintenance charges
Thyagarajan
(Querist) 25 August 2013
This query is : Resolved
Dear Experts,
Bombay High Court held in Venus Co-operative Housing Society Ltd. vs. Dr. J.Y. Detwani reported in 2004(5) Mh.L.J. that services of the society were enjoyed by all the members (flat owners) equally and there was no reason for the society to make the large flat holders pay more on the basis of the area of the flats.
Also Maharashtra (Apartment Owners) Act 1970 sec 16(2) gives liberty to the societies to decide on Manner of collecting from the apartment owners their share of-the common expense
However The Maharashtra (Apartment Owners) Act 1970 provides in sec 10 that the common expenses shall be charged to the apartment owners according' to the percentage of undivided interest in common areas and facilities.
Does it mean that the order of high court and provision in sec 16(2)(g) have over riding effect on se 10 of The Maharashtra (Apartment Owners) Act 1970
prabhakar singh
(Expert) 25 August 2013
The decision seems hasty and unsound.
4 BHK would naturally use more electricity comparing 1 BHK and likewise.
Thyagarajan
(Querist) 25 August 2013
Dear Expert,
The decision was not on electricity consumption as society is not charging for electricity. The owner is paying.
The decision is on the common facilities expenses on maintenance of the multi story building, like security, keeping areas clean , stand by generator, lift etc.
Hence pls clarify
ajay sethi
(Expert) 25 August 2013
property taxes , sinking fund , repair fund , insurance charges depend upon area of flat . as far as maintenance charges are concerned it would be common for all members . the decision of high court was in respect of cooperative socities in mahrashtra only
Thyagarajan
(Querist) 25 August 2013
Dear Mr. Sethi
The Tamil Nadu Apartment Ownership Act, 1994 sec 13(2)(e) says the societies are at liberty decide the manner of collecting from the apartment owners their share of the common expenses;
whereas sec 19(1)says the common expenses shall be charged to, the apartment owners according to the percentage of the undivided interest of the apartment owners in the common areas and facilities specified in the Deed of Apartment.
As can be seen The Tamil Nadu Apartment Ownership Act, 1994 sections speaks the same way as that of Maharashtra (flat ownership ACT No XV OF 1970)
Do you feel Madras high court can view it in different angle?
ajay sethi
(Expert) 25 August 2013
if there is no specific provision in TN Act that services charges are to be paid equally by members then association is at liberty to charge miantenance for common areas depending upon your area of flat .
R.K Nanda
(Expert) 25 August 2013
nothing to add.
Thyagarajan
(Querist) 25 August 2013
Dear Sethi,
Maharashtra Act also specifies the common expenses to be shared as per sq.ft but the judgment is over riding it.
The same way I was asking when TN Act specifies the the common expenses to be as per sq.ft can societies go as per by bye-laws that gives liberty for them to decide on the manner of collection expenses common for all
Raj Kumar Makkad
(Expert) 27 August 2013
TN can do nothing in Maharashtra and so far as judgment is concerned, do search it on google.
Thyagarajan
(Querist) 28 August 2013
Dear Makkad,
I spent sometime searching google.
No one specifically taken the matter with High Court of Madras.I have not given up. I am still searching.
If you stumble across one send it to thyagarajan.ramachandran06@gmail.com
