Hydraulic purchases in a apartment society

Sandip Joshi (Querist) 23 January 2022 This query is : Resolved
Sir, I stay in a newly constructed apartment society in nashik. Society consists of 172 flats with 88 covered parking and 84 hydraulic parking. Those who are alloted covered parking say since there is no expense on covered parking they shall not contribute towards maintainance of hydraulic parking which is roughly ₹5lakhs per annum..
Whereas those who are alloted hydraulic parking insist that every member should bear the expenses.
What is the legal status ?

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Residents in a new apartment society are debating who should pay for the annual maintenance of hydraulic parking systems. Those with covered parking argue they shouldn't contribute to hydraulic parking costs, while hydraulic parking owners believe all members should share the expense. The society is currently formulating its charges, seeking guidance on whether the costs should be borne solely by hydraulic parking owners or by all 172 members.

kavksatyanarayana (Expert) 23 January 2022
What are the terms and conditions of your society? The hydraulic parking charges are higher than ordinary parking charges. In my view, the hydraulic charges in your society are Rs.5 lakhs is high. If you have any grievance against the society complain to the Dy.Registrar of Cooperative Building Societies and RERA.

Sandip Joshi (Querist) 24 January 2022
Sir we are yet to formulate charges. There are 43 stacks amounting to 86 parking. Cost of maintaining all 43 is rs 3 lakhs add two driver operators another two lakhs. The point is will the charges be borne by only hydraulic parking owners or entire 172 members. We want your guidance in formulating charges. Apartment society is under formation right now. Thanks

P. Venu (Expert) 25 January 2022
I have posted the following suggestion to the same query in the Forum Section:
"It is judicially settled that maintenance charges are to be shared equally. however, in the instant case, it could contended that that facts are distinguishable vis-a-vis the Bombay High Court decision in Sunanda Janardan Rangnekar vs Rahul Apartment.............."

Read more at: https://www.lawyersclubindia.com/experts/hydraulic-parking-charges-in-a-apartment-society--739301.asp

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