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Common maintenance expenses - in case of apartment

(Querist) 06 August 2013 This query is : Resolved 
We have apartment of 23 Flats of different sizes. Some of the members have purchased Terraces, Extra Parking as restricted common area and our condominium has been under Maharashtra Apartment Ownership Act.

Big Flat holders do not want to pay maintenance charges as per ratio defined in Deed of Declaration of Condominium and they want to appropriate those equally amongst all members irrespective of the ratio or size of flat etc., at the same time they do not want to share Terraces and extra parking's that they have purchased from Builder.

How far their stand is valid to share common maintenance expenses equally like co-operative society?
ajay sethi (Expert) 06 August 2013
well property taxes , insurance charges , water charges depend upon area of flat . as far as maintenance charges are concerned in cooperative society all members pay equal maintenance as provided under the act .

if in your deed of condominium separate ratio is mentioned seek to recover as per said ratio
Prasad Kumbhojkar (Querist) 06 August 2013
Common Expenses do not include Property Taxes, Insurance Charges.

Expenses generally include Common Area Electricity, Sweeper's Charges, Security Expenses, D. G. For Common Area Pump &Lift running and Lift, D. G., Inter-com AMC., Telephone calls and Printing and stationary expenses. Initially we paid one time Maintenance, that is in the ratio as defined in Deed of Declaration, now big flat owners have started charges in the ration of interest in common area & Facilities but maintenance of all common area and equipment in equal proportion.
How far this is legal?
V R SHROFF (Expert) 07 August 2013
charges are payable strictly as per bye-laws.
It provide for what charges equally divided and what is as per area used.
Go thru & calculate
Raj Kumar Makkad (Expert) 07 August 2013
Well advised by experts on all points.


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