Apartment maintnance

we live in a 5 yr old apartment community..where as a  4 bhk owner pays the same as 2bhk owner..

no concers or objection raised so far..i havent gone into the dteails of it..but there should be a terms and condition to assess it this way..check your local by laws...........

 

tnx for the reply....

 

as i know, there will be difference in water usage , generator power  from heigher BHK residents when compared to lower BHK residents...

also do you have management committee members  who are from 4BHk?... if yes, it's biased to them....

Please state in which State and city is your building? Is your Association registered? If so it is registered under which Act? If your Association is registered,  you will be having bye-laws. What do the bye-laws say about your question?

Hi Sir,

My Apartment is located in Bangalore-Karnataka,  We are yet to register the association,  we are planning to register  in Karnataka apartment owners act 1972 , we prepared the Bye-laws, but in that no information related to maintenance calcualtion...

It would great if you can send your suggestion, looks like  my assiciation Memebers kept meeting tomorrow  for the maintenanace discussion that too only with MC memebers not with all the residents...

 

Nagendran

 

 

There are several ways to share the cost of maintenance. In Co-operative Housing Societies in Maharashtra some costs like repairs are shared in proper to the area of the flat. Other costs like sweepers' or watchmen's salary, common electricity etc are shared equally by all flat owners. Under Tamilnadu Ownership Flats Act, all expenditures are shared in proportion to the area of the flat. Flat owners also have votes in proportion to the area of their respective flats. In Maharashtra it is one member one vote.

1.  Maintenance Charges of a Flat in an Apartment .OR. a Society, is not defined under the "Indian Societies Act",   .OR.   the Maharashtra Coop. Societies Act.

2.  Maintenance Charges are dependent on the registered bye-laws of a Apartment .OR. a Society, as registered respectively under either one of the aforementioned Acts.  This can be mutually changed to suit the mutual convienence of the members of a Apartment .OR. a Society,

3.  Bye-Laws, have to be unique to themselves (each)  and are mutually forumulated & composed by the ghetto of members of an Apartment .OR. a Society and then registered by the competent authorities under the aforementioned Acts.  Members are  bound to by such mutually agreed bye-laws, for administrative convienence of the members of an Apartment .OR. a Society .

4.  Read the following link, for answers related to most of the points related to bye-laws and maintenance charges in a Apartment .OR. a Society.

https://hemantagarwal21.blogspot.in/?view=sidebar#!/2013/09/bye-laws-of-coop-society.html

Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: https://hemantagarwal21.blogspot.in/?view=sidebar

 

There is Indian Societies Act. Each State in India has its own Societies Act also. Karnataka also has a Societies Act. The Societies Acts are neither intended not suitable for Housing Societies. The Act is intended for a group of people who voluntarily come together with a common purpose. In the case of housing societies there is common purpose. But membership is compulsory for all flat-owners. Those who are not flat-owners within the Society cannot be members either with equal rights and responsibilities as the flat-owners. Co-operative Societies are governed and controlled by the Co-operation Department of the State Government. Co-operative Societies are formed for widely different purposes. Most of the co-operative societies are commercial in nature and purpose. But a co-operative housing society is unique. It is a society of persons who have come together to serve themselves. They do not normally serve outsiders. As co-operative societies are formed for widely varying purposes it is not possible to have a set of bye-laws common to all. Hence neither the Co-operative Societies Act nor the corresponding Rules both of which are passed/approved by the legislature contain byelaws. The Society at the time of formation should draft their own byelaws and submit it to the office of the Registrar of Co-operative Societies along with the application for registration itself. The Registrar of Co-operative Societies and Commissioner for Co-operation of the Maharashtra Government issued "Model Byelaws for housing societies" a few decades ago. They are also being amended from time to time. It is not mandatory to accept and adopt the Model Byelaws. But the Societies formed after the first promulgation of the model byelaws invariably apply for registration only with the Model Byelaws mutatis mutantis. Even where Model Byelaws are not adopted disputes due to lacunae in the byelaws of the society are settled by courts according to Model Byelaws. Also sharing of maintenance costs can be only according to Model Byelaws unless sufficient justification is given. As I stated earlier the Tamilnadu Ownership Flats Rules, 1997 had a set a byelaws attached to it. There sharing of costs as well as voting rights were in proportion to the area of the flat. I am attaching a copy of the Maharashtra Model Byelaws, 2013, which can be used for guidance or even for citation in support in a court of law if there is a dispute. Incidentally amendment to the bye-laws in 2013 was necessitated due to amendments to the Constitution of India. I am giving this post in so much detail because what Learned Advocate Hemant Agarwal has given is incomplete. Also his links are on Structural Audit which is not the question asked here.

I could not attach the entire file as it was too large. Hence I am attaching here the relevant extracts only. If you want the complete file give me your email.id.

Hi All,

 

Thank you verymuch for givingme the details explaination... I also gone though the karnataka apartment ownership act, I could see the clause with respect to maintenance..

 

Nagnedran