The Schedule F from my sale deed states the below:
The point is that we are seeking clarity on the maintenance payment model while it clearly states it should be based on UDS.
What we feel is that point number 2 slightly contradictory as it states it is left to the owners and developer who can decide payments on certain things (mentioned below) from time to time.
Need advice on this to take a step forward and make sure that we are heading towards the right direction.
The Purchaser/s in the proportion of the Undivided interest hereby conveyed along with the other Purchaser/s in the proportion of the undivided interest held by him shall be deemed to have the following expenses:
1. All rates and outgoings payable in respect of the land described in the Schedule ‘A’ hereto.
2. The expenses of maintaining the common services in the Development Scheme and the routine maintenance like painting, washing, cleaning etc., and replacing of electrical and mechanical parts of machineries sanitary and electrical installations common to the building. The Owner/Developer shall without consequential liability carry out the above services, against payment of such sums as may be determined by the Owner/Developer from time to time.
3. Should the Purchaser/s default payments for any common expenses, benefits or amenities, the Builder or a majority of the Purchaser/s while carrying out the services as contemplated above, shall have the right, to remove such common amenities from their enjoyment including water services and electricity.
4. Provided always that the Purchaser/s shall be liable for the expenses of maintenance of common amenities in the property described in the Schedule ‘A’ hereto and the Proposed Development Scheme from the date of communication of the Owner/Developer to the Purchaser/s indicating/intimating the former’s willingness to put the Purchaser/s or their nominee/s in possession of the Property conveyed by this Deed.
