Maintenance charges in kerala
Pramod
(Querist) 30 March 2014
This query is : Resolved
Dear Sir,
I have two flats in same building in Kochi, Kerala for last 14 years and paying all charges the committee demands without fail. I have been requesting to charge monthly maintenance and other charges according to the square feet rather than per flat. Since the Association secretary and most of its committee members own two flats converted into one or huge pent house flats, they will not budge. I am not staying there. Both flats are locked up as renting it out is not profitable due high maintanance charges. More than 50% of the owners do not attend AGMs and give proxy voting rights to the secretary. Thus, only what the secretary and his friends wants will be passed. Can I refuse paying, until they heed to my request. As far as I know, the association is not a registered body. Even if it’s registered, can they go to court? Kindly Advice.
Thanks and Regards Pramod
Dr J C Vashista
(Expert) 30 March 2014
Is it a cooperative group housing society where your flats are located?
If it is an association i.e., RWA, it is not binding on you, otherwise in CGHS is compulsory to pay maintenance as decided in AGM.
What is mentioned therein the Bye-laws of the society, if it is a CGHS?
Incomplete informations.
Pramod
(Querist) 30 March 2014
Dear Dr.J C Vashista,
Many Thanks for your kind response.
At Kerala usually the Apartment associations are not corporative association. They are normally a body which takes care of the building maintenance and upkeep. There is no compensation for the committee members. So most of them take advantage of the system. I forgot to mention that, I will be paying the maintenance charges, it’s the extras that I will not pay until they charge everything on square feet rate. Every year the Secretary will come up with some modification amounting to Rs 20,000 to 30,000/- for each flat. There are 62 flats. As you know it’s very easy to produce any bill in India. Thus we have no way of counter checking. Unless we take each bill and check with the company who issued it. But that is declaring all out war with the association. Also we may come out empty handed as the company and the committee members are partners in crime !!
Thanks Pramod
T. Kalaiselvan, Advocate
(Expert) 30 March 2014
@Mr. Pramod: Yours is not a single case, it happens mostly in many apartments associations not only in Kerala but in many parts of the country. For this effective step is attend the meetings regularly, check the expenses and income registers, vouchers, audit reports, point out the discrepancies and discrimination in the meetings, move resolution to change the erring president and other office bearers periodically and other direct acts to check such corruptible practices, thus it is you have got to be alert, once you flung into action, you see for the result yourself.
Rajendra K Goyal
(Expert) 30 March 2014
For registered Group housing society payment of maintenance charges are compulsory.
State facts in details.
ajay sethi
(Expert) 30 March 2014
maintenance charges are levied on each flat . property taxes would be as per area of your flat . other maintenance charges are to be borne eqlaly by all members . if some members are owning 2 flats they have to pay double maintenance charges . it is mmateral that these flats have been consolidated into one flat . you will have to move court for necessary releifs
P. Venu
(Expert) 30 March 2014
Has the apartment owners chosen to file the declaration opting for the provisions of the Kerala Apartment Owners Act?
Pramod
(Querist) 31 March 2014
Dear Mr Venu, how do we find out whether the declaration is filed and if filed what are the repercussions in our case. Rgds Pramod
Pramod
(Querist) 09 April 2014
Dear All Experts,
Kindly advice whether I can refrain from paying all other charges except maintenance until the committee agree to levy all charges including monthly maintenance as per the square feet, one own rather than per flat. Since the association is not a registered body, can they take legal action against me? Future plan is to stop paying Maintenance charge also.
Thanks Pramod
Dr J C Vashista
(Expert) 10 April 2014
Dear Pramod,
Till the time association is providing you requisite services, you are liable to pay the charges including maintenance.
Either to attend all the meetings, check the accounts, critically analyse and agree/ disagree to the proposed action/development in the flats of the association or pay the demanded amount without raising any objection at a later stage.
Pramod
(Querist) 07 May 2014
Dear Dr.J C Vashista,
Thanks your advice.
It’s no use attending meetings as we are not staying there anyway. And it’s only a get together to pass all the new expenses and increase in charges. No one dares to question committee. We have on several meetings raised our points to no use.
Checking accounts also is futile as you all know, how easy to get a receipt for anything and everything.
Best Regards Pramod
Pramod
(Querist) 19 July 2014
Dear All,
Is All Appartments in Kerala have registerd socity.
Thaks Pramod
