Calculation of maintenance charge for apartment

Our apartment complex consists of different types of apartments viz. studio flats, individual apartments (Villas) and several buildings with four residential units in each. The total number of units is 32. The construction was completed and given possession in 2010. The association is not registered till date. The maintenance charge paid by the members all these years were on the basis of super built-up area (Rs. 2.0 per Sq.ft.). The agreement with the builder during the purchase of the flats also mention that the maintenance will be based on the built-up area. However, of late, some villa owners content that some of the expenses of the association like security salary, cost of maintenance and operation of power back-up system etc., should be on unit basis, i.e., should be shared equally and not on square foot basis. Is the claim of the villa owners correct? If so, which charges are to be borne unit wise and which are to be borne based on the built-up area/UDS?



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