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Ram   17 July 2015

Maintenance charges for gated community

Many of the gated communities have been collecting maintenance charges for the apartment owners. Normally the charges are fixed based on the apartment area. For e=g if my flat is 2000 sq.ft, then @ about Rs 4 per sq ft they collect Rs 8000/ month. 

Actually maintenance charges are to be collected for the excpenses incurred for security. sweepers /scavangers/ other labour to maintian the common area neat and clean. How it was fixed based on the flat area, which is maintained by owners themselves by paying electrivity charges/water charges/maid etc, ??/. 

Is it legall permitted to collect charges based on flat area? . I also have flat in a community where there are only 10 flats, wherein the community is asked to pay the actual common area power charges/sweeper charges etc. In a 2000 Sq.ft area flat here maintenace charges varies from Rs 500 to  RS 800 per month. Where as in gated community they do not furnish the monthyl charges/expenses incurred but no one know how it was fixed?. 

Can any lawyer give me advise legal position in this regard and if required what is the procedure to stop charging maintenance surges without proper basis. It looks like some handful of people may be misusing the funds too. 

 



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 2 Replies

Bikash Pachisia (Professional)     17 July 2015

Looking for a Lawyer help for our Apartment to deal with legal notices and other legal activities on required basis in Bangalore. Apartment is in Horamavu next to Ram Murthy Nagar. We need someone who is available in a radius of 03 KM.

ben   06 August 2015

Under which act your society is formed ? Your bindings depends on it. There is a landmark judgment against societies charging common services based on house sizes. You can search venus CHS case, a 2003 judgement. This is in response to a writ petition on constitutional rights and have wider scope.

We are on similar battle field. Ours is a residential layout of independant houses in bangalore and not a group housing as per true BDA zoning definition. The society is registered under KSRA-1960. The society is charging maintenance based on square feet area of houses since its majority houses are smaller in sizes. Presently we few are paying the divide by equal value, as against the demanded amount. Society has not yet initiated any recovery on it.  Since KSRA's binding is very weak for residential layouts and it is not an absolute  dependancy we have with society on basic needs of life like water or sewage, we thought to ignore them till society turns against.

We are currently considering about making a representation to registrar of societies, through a lawyer.

Can anybody comment on lawyer charges in bangalore? We are not looking for high profile lawyers . For representation of this to registrar as well as writ in future, if in need ?

 

 

 

 

 

 

 

 


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