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Co-operative housing society related

Querist : Anonymous (Querist) 01 August 2011 This query is : Resolved 
Dear Expert..
Is a maintenance charge is applicable on the terrace which is partially covered by a owner of the flat.
In our society a owner has covered his 75 % of terrace by asbestos sheet.
He is paying the maintenance for 1/3 rd of the terrace as per the sale agreement.
As he as covered the terrace can he be charged for the full area of terrace.

Also can the maintenance charged as per the actual area of the flat or as per the sale agreement.
As many sellers in new mumbai show less area in sale deed.
ajay sethi (Expert) 01 August 2011
1) you have stated that in your society member has covered 75%of his terrace . please note that only temporary sheds are permitted by BMC for protection against monsson .
2) if member has covered 75%of his terrace request him to produce permission of local authority
3)maintenace charges are prescribed under bye law 69 (a)
a) property taxes depend upon built up area of flat
b) water charges depnd upon umber of inlets in each flat
c) repair and maintenace charges depend upon built up area of flat
d)lift charges are to be borne eqaully by all members
e) sinking fund depends upon built up area
f) NA tax depends upon built up area of flat
4) agreement entered into by the builder with purchaser shows built up area of each flat . the maintenace charges would depend upon area mentioned in agreement


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