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Ganesh   07 July 2015

Apartment maintenance fee not charged on sqft rate

I have a 2BHK Apartment with less sq ft.. We thought the maintenance will be charged on sqft basis, but they started charging flat rate.. the largest guy is 3BHK with 40% more than ours.. We have requested thrice to revise the charges based on square feet, but the guys are not doing as all higher sq ft guys are part of MC..

We decided to pay on sqft, as operating expenses can be met with it and Apartment Association is not yet registered..

As owners (10 of us) can we pay on square feet against MC flat rate as we are not even listened in deciding this..

We arrived at sqft rate by -> flat rate charged/largest flat size.. We dont have majority as most of the houses are larger sqft in complex.. 

 



Learning

 4 Replies

Kishor Mehta (CEO)     07 July 2015

Sir,

According to the CHS Bye-Laws in Maharashtra, only the Municipal Property Tax is levied as per the area of the flat. All other service charges are divided equally amongst the flat owners.

Good Luck,

Kishor Mehta

Ganesh   07 July 2015

We stay in Bangalore.. All big builders charge based on Square feet here..

Also 1972 Karnataka Apartment Association law Clause 10 says all common expenses must be proportionate to super built up area --> https://dpal.kar.nic.in/pdf_files/17%20of%201973%20(E).pdf

 According to you if 2BHK and 3BHK share same maintenance then it does not make sense..

Advocate Ravinder (Advocate/Attorney)     08 July 2015

No need to pay as per flat rate.  You pay only upto to your sq feet extent.  If they file a case, you defend by showing the above citations/rulings. 

Ganesh   08 July 2015

Thank you Sir !! We are now really peaceful..


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