Building maintenance charges - delhi

Court judgment tells many things about it.

But you do not have an associoation itself, then who are you going to show this judgment.

In the given situation, it would be better that you people gather at a place and arrive at an amicble consensus on this issue instead of stretching the same legally.

It would be better to convince other resident owners to get togather, form an association and take a collective decision for maintenance charges on the basis of area of flat(s).

It is advisable to consult and engage a local prudent lawyer for proper advise and necessary proceeding.

If you feel so, may contact us on appointment.

Thanks... But what if flat owners are not agreeing on same thing than we would like to know what law/act said about buidling maintenance charges in Delhi.

Common Area maintenance charges are to be applied equally to all the flats irrespective of the flat size as a person living in a larger flat area will not consume a proportionately large amount of common services and facilities. For example office Manager’s services, common area lighting, security services etc. These are specifically provided in the Model Byelaws published by the Government’s Cooperative Department or local Federations of Cooperative Societies and freely available in book stores.

Costs like property tax is directly proportional to area of the flat as the value of the flat also varies with the flat size. Similarly, sinking fund, repair fund etc. are to be charged based on construction cost / sqft which will vary as per are flat area hence are linked to the area of the flat.

Citing provisions of Model Byelaws will help you resolve this issue amicably.

You can also take legal proceedings against society for recovering maintenance.The society Registrar have power to set aside any resolution passed by the society which is not tenable in the eye of law.

The maintenance charges are dependent on the size of the property and the quality of sustenance. If your space is occupied or vacant, the maintenance charges must be paid by the tenant or owner. The common areas of the housing society require maintenance.

Thanks for your reply. You have suggested that CAM charges should be equal irrespective of the flat size but what if in Sale Agreement, builder is specifically mention that maintenance charges should be proportionate. And as per The Delhi Apartment Ownership Act, 1986, "19. Common profits, common expenses and other matters.—(1) The common profits of the property shall be distributed among, and 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.", CAM should be charged according to percentage of Undivided Interest (which vary depending on flat size). So as per this byelaws, CAM charges should be equal or flat size wise. Please advise.