Maintenance Fees
Our Association is registered in Article 8 of Karnataka Societies Registration ACT, 1960. Here are some facts:
There are 67 units that ranging from 1100 to 1550 SQ FT
Remaining 25 units are over 1550 to 1886 SQFT
100% of the total collection of revenue is spent on maintaining the common area (Security, Housekeeping, Generator, Swimming Pool Gym)
At the time of forming the association, minorities were not given a hearing as a result all the unit holders are paying based on SQ FT. At the time given the rate, it was not prohibitive and hence there was not a lot of protest. But with each increase, it is hitting the pocketbooks of larger apartment owners. One of the recommendations which is still being voted down is a compromise which is: Going forward any hikes should be equally borne by all the owners.
My question is as follows:
a) Is there a established rule or precedence where it is only by SQ FT basis? In other words, shouldn't all the owners be paying equal share of maintenance costs (e.g. Total collection 100,000 per month, number of units 100, implies 1000 per apartment owner?). Since the larger apartment owners are minorities, they have no chance of getting a majority
b) Shouldn't all the owners be paying equal amount based on the total expense
c) what are the legal options to settle this in Karnataka?
