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Sharing of major capital expenditure in apartments

(Querist) 28 May 2012 This query is : Resolved 
A owner who has two flats or adjoins to another one in the same complex/same or other floor and refuses to share capital expenditure and monthly maintenance, is it justified? Is it necessary for other owners to share his/her flat expenditures by other owners who are not in possession of the said flat(s) in their name(s) It is presumed that a person who one or two flats has share expenditure but not by other flat owers of the complex

Kindly clarify indicating case laws if any

Thanks
V R SHROFF (Expert) 28 May 2012
Yes , if Two Flats , having twice the amenities [E.G. Water taps, if other flats have one each] and Two Share Certificates, Receiving Two separate Bills for Mtn, having two Electricity supply meters, }
He is bound to pay separately for both his Flats.
It depends on service recd, So Twice for two flats, even if owner is same.
Seshagiri Viswanatha Rao (Querist) 28 May 2012
The two flats having twice amenities one each receiving two seperate bills and having two Electricity meters for the same owner but he has disconnected water supply to one of his flats. Indicate whether capital expenditure and maintenance has to be collected for two flats but in area-wise he is having dimension of two flats

Thanks
V R SHROFF (Expert) 28 May 2012
he need not pay for water charges for that one flat , that was disconnected. All other charges are payable for both the flats.
ajay sethi (Expert) 28 May 2012
flat owner is bound to pay maintenace for 2 flats . if he refuses to pay charge him interest at 21%.

obatin recovery certificate under section 101 of MCS Act
Shonee Kapoor (Expert) 30 May 2012
Agreed with experts.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com


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