increase in maintenance charges
Praveen Kumar
(Querist) 05 July 2025
This query is : Resolved
Dear Sir, I am a resident and flat owner at Rishi Apartment, located in Baddi, Himachal Pradesh. I wish to bring to your attention serious concerns regarding the maintenance and functioning of our housing society, which is currently under the control of the builder. The builder has failed to provide basic facilities such as proper security, regular cleaning, and general upkeep of common areas. Due to these persistent issues, the flat owners collectively formed a Flat Owners Association (currently unregistered) to address grievances and represent our interests. On behalf of all residents, the association has been regularly communicating with the builder via email, requesting improvement in services. However, instead of addressing these genuine concerns, the builder recently issued a notice increasing the maintenance charges, despite the quality of services being extremely poor. As per the maintenance agreement, charges may be increased only once every two years, and by a maximum of 10%. However, the builder has imposed an increase that exceeds this limit, without consultation and without any corresponding improvement in services.In response to this arbitrary action, the flat owners have collectively decided to Withhold payment of the maintenance charges Until improvement of services .Despite multiple reminders, the builder has not responded to our communications. Furthermore, the builder is not registered under HPRERA .We now seek your kind guidance on the following: 1. Is it legally justified for flat owners to withhold payment of maintenance charges under these circumstances? 2. What legal recourse or action can we take against the builder for poor maintenance and arbitrary increase in charges? 3. Where can we file a formal complaint, given the builder is not registered under HPRERA? We look forward to your support and direction in resolving this issue lawfully and fairly. Reply Follow
T. Kalaiselvan, Advocate 
(Expert) 06 July 2025
Firstly your association is not a registered body hence it is not a legally recognised entity, therefore the association's action against the builder is not legally maintainable because the unregistered association can neither sue nor it can be sued.
If you people find the builder is extremely hostile and is not responding to your demands for proper maintenance of the apartment complex then you can issue a legal notice to the builder and then follow it up through consumer commission demanding compensation for deficiency in service and also a stay order from charging additional maintenance amount without completing the pending works or raising it arbitrarily
You all try to get the association registered so that the association as a legal body can take a proper and effective action against the builder and claim the handover of the apartment and the common areas of the apartment complex
Dr. J C Vashista
(Expert) 06 July 2025
Whether the Society (complex) is HP Cooperative Societies or HP Apartment Ownership Association, which is still not handed over to the association / Mananging Committee ?
Praveen Kumar
(Querist) 07 July 2025
Dear Sir, Thank you for your valuable response. Kindly note that the builder's project is registered under the Himachal Pradesh Apartment and Property Regulation Act, 2005.
T. Kalaiselvan, Advocate
(Expert) 07 July 2025
It is alright, you have been suggested to initiate suitable action as per law and in case of any doubt you may contact any local advocate and proceed as suggested
