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Societies act: maintainence charge for unoccupied flat (Property Law)

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Author : Hari

Posted On 18 January 2014 at 17:59

Dear Sir,

Have a flat in a gated community in Hyderabad, which has been vacant for the last 6 months. However; the society for this gated community has been demanding 100% of maintainence (which in itself is prety high 5K per month). Have already paid for it for the last six months despite being vacant.

Recently read somewhere that if the flat is vacant then the maintainence to be paid cannot be more than 10% of the total charge.

May i request you to pls clarify and site relavent legal clauses and how best i can have the issue resolved.

Thanks very much for your kind reply

Hari




Expert : ajay sethi

Posted On 18 January 2014 at 18:52

even if flat is vacant you have to pay normal maintenance charges . if you have given premises on leave and license society can charge you non occupancy charges in addition to maintenance charges . non occupancy charges cannot be more than 10%of maintenance charges



Expert : Advocate. Arunagiri

Posted On 18 January 2014 at 18:53

Normally the association will not claim 100% maintenance in case of a vacant flat.

maintenance is of two types, one is common used by all others, and another is exclusively used by you like water and sewerage etc. In case of the vacant flat, the second part will get reduced to the Association.

You may raise this point in the association meeting. The policy of the Association ought to be changed.



Expert : Rajendra K Goyal

Posted On 19 January 2014 at 13:23

Fixed maintenance has to be paid. Agree with the advise of expert ajay sethi ji.



Expert : R.K Nanda

Posted On 19 January 2014 at 14:44

agree with experts.



Expert : T. Kalaiselvan, Advocate

Posted On 20 January 2014 at 00:10

Fixed maintenance charges are to be paid, however the other charges may vary depending on the bye laws of the society.



Expert : raj kumar makkad

Posted On 20 January 2014 at 22:58

Well advised by experts so no more to add.



Author : Hari

Posted On 21 January 2014 at 09:09

Thanks a lot to each of you.

The last time i requested the society management - i was just told that the flat wise consumable charges are quite minimal and hence i will need to pay the entire maintainence amount.

Dear Mr. Ajay - May i seek a clarification. You mentioned about 10% of maintainence in case of non-occupied flat. Would that mean that as per law; considering my flat has been vacant since the last six months - i am legally eligible to pay only 10% of total maintainence ie: 500 of INR 5000. In case this is the right understanding request you to kindly help with:

1. Relavent legal sec/ clause i can refer to in my discussions with the soceity mgt.
2. Can i seek for refund/ adjustment of the full maintainence already paid.
3. Any advice on the best approach to follow to have this amicably solved.

Thanks again to you and the other experts for kind helpful response.

Regards

Hari



Expert : V R SHROFF

Posted On 21 January 2014 at 11:09

u r reqd to pay full mtn charges. Vacant or in use is irrelevant.
YES, IF YOU ASK SOCIETY TO CUT OF WATER SUPPLY, THEY WILL NOT CHARGE FOR wATER SUPPLY FOR THAT PERIOD, AND WILL CHARGE YOU FOR PLUMBING OF CONNECTION AND DISCONNECTION OF WATER SUPPLY.
eXCEPT wATER, ALL CHARGES ARE PAYABLE FOR EVER..
AND INCREASED TO 10% BY GIVING ON RENT/ LL



Expert : PS Dhingra, dcgroup1962@gmail.

Posted On 21 January 2014 at 11:53

Mr. Hari,

You are a professional of the rank of a Sr. Manager. I don't think it can be hard to make you aware of the fact that maintenance charges levied by any society is not for the purpose of maintenance of a member's flat, but for the maintenance, repairs and reconstruction of the common infrastucture of the society, like, society's premises, including office, roads & passages, security arrangements, supply lines, sewer lines, lifts, staircases, telecommunication lines, etc., as is in common use of all the flat owner members, their relatives and visitors. Irrespective of whether the flat is being occupied or kept vacant by any member, these expenses have essentially to be made by the society's management.

So, you can well understand, if the members don't prefer to share such expenses, who else can bear the collective expenses made on the common property and infrastucture of the members?



Expert : Rajendra K Goyal

Posted On 21 January 2014 at 12:58

1. Relavent legal sec/ clause i can refer to in my discussions with the soceity mgt.
- Refer the bye laws of the society.

2. Can i seek for refund/ adjustment of the full maintainence already paid.
- Yes, if any charges are taken excess.
3. Any advice on the best approach to follow to have this amicably solved.
- Agree with the advise of expert PS Dhingra ji.



Expert : ajay sethi

Posted On 21 January 2014 at 16:59

i said that in addition to full maintenance charges you would be liable to pay further 10% if flat given on leave and license . it is immaterial whether flat vacant or occupied . each member has to pay maintenance charges


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