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muthupillai ramupillai (RETIRED)     28 July 2016

Maintenance of an apartment

sir i am the owner of one of the flat consisting of 1328 flats in chennai. some of the resident owners formed Residents welfare association and taken the maintenance by themselves. They giving threatening to cut the water for the non payment of maintenance charges for the locked flats. The locked flat owners plea was that they are actually not consuming water and hence they want to be given exemption for the water charges and they are ready to pay other maintenance charge but the resident welfare association disagree with them and forced to pay full maintenace charge otherwise they will cut the water. please clarrify 2. secondly the apartment is consists of 1328 flats ranging from 363 sq.ft to 1157 sq.ft and the association is fixed Rs. 2/ per sq.t per month irrespective of their area. the flat owner owning 363 sq.ft is paying Rs.726 per month whereas the owner of a flat of 1157 sq.ft has to pay Rs. 2314/- per month as maintenance charge. But the facilities given by the association for both the flat is the same and no extra facilities to the flat owners paying higher maintenance charge. The maintenance charge fixed by the association is indiscriminate for which the flat ownrers who are possessing higher area flats plea that the maintenance charge should be fixed per flat basis not per sq.ft basis since there is no variation for the facilities enjoyed by the 363 flat owners and 1157sq.ft flat owners. this may also be clarified . thanks Muthupillai


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 4 Replies

M.P.Mathews   29 July 2016

As per the Apartment Ownership Act the maintenance charges are to be collected in proportion to the area of the apartment owned by each owner. This iis also applicable in the case of common profits earned from the apartment. Just imagine a situation where the apartments are demolished for a new construction after the expiry of the life of the apartment. Each Owner should get a share proportional to his area on sale of the plot or reconstruction

Yuvraj   31 July 2016

Why we can't stick to MCS 1960 and 61 amendment by law of society in such cases in maharashtra... Why the questions comes for sq feet for comman experience

Yuvraj   31 July 2016

Why we can't stick to MCS 1960 and 61 amendment by law of society in such cases in maharashtra... Why the questions comes for sq feet for comman experience

adv.bharat @ PUNE (Lawyer)     31 July 2016

A s every body will contribute to maintenance since each square feet is counted for it.


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