Apartment Maintenance Charges for unsold flats
Dayananda
(Querist) 12 September 2018
This query is : Resolved
Respected Sirs, Our apartment consists of 184 flats and we are in the end of first year. The builder had collected one full year maintenance charges in the beginning itself at Rs.25/sqft. When they began the maintenance only 74 flats were sold, following month 80 flats, likewise till the 12th month 160 flats were sold out of the total 184 flats. Still another 24 flats are left unsold. Now the question is that the builder is distributing the monthly expenses amongst only the sold flats month wise. He is not considering the unsold flats while distributing the costs when there are many fixed costs like Security Charges, salaries to gardener, plumber, electrician, manager, housekeeping staff, etc. Even though the above costs were common for the entire 184 flats whether sold or unsold, the builder is not willing to bare the cost apportionment of the unsold flats and passing the full cost on the month wise registered owners. Please advise your opinion whether this is correct. Our apartment is at Bangalore and the association is yet to be registered.
Guest
(Expert) 12 September 2018
Your own query contains the answer, when you say, "there are many fixed costs like Security Charges, salaries to gardener, plumber, electrician, manager, housekeeping staff, etc."
A matter of commonsense, when only living residents use maintenance services on wear and tear basis, they have to share the cost. Unsold flats do not get wear and tear without usage. There being no resident in the vacant flats, the maintenance wing would also not be getting any call for service of the gardener, plumber, electrician, manager, housekeeping staff, etc
Dr J C Vashista
(Expert) 12 September 2018
The builder has already charged you a fixed amount @ Rs. 25/ s.ft. on account of maintenance, additional charges are arbitrary and illegal, which must ,collectively, be denied and challenged through a local prudent lawyer.
