veenzar (Advocate) 15 November 2008

Equal maintenance

This is a query on levy of maintenance charge in case of enormously different size of apartments in a complex. The flats are in 2200, 1750, 1450, 1100 sq.ft and all the facilities in the complex have been paid by the owners in proportion to their flat area. I may be enlightened whether my demand of fixation of maintenance charges on the basis of undivided share of the land or the area of the flat is reasonable and if so what is the remedy if the association is adamant in taking the amount on equal basis for all the flats, irrespective of the area.

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4 Replies

K.C.Suresh (Advocate) 15 November 2008

Equal is equal in all sence. So you are expected to give your share. But in some cases the car parking, security, electricity, water how far you can to your share?

SHEKHAR MISHRA (public servant) 15 November 2008

its a matter of joint decision of all members concerned.raise your objection in the meeting of society.gather the support of other members.

prof s c pratihar (medical practitioner &legal studies) 15 November 2008

without any contract or agreement pls follow as advised by sr members.

Prakash Yedhula (Lawyer) 15 November 2008

he fixation of maintenance charges is generally a matter of common arrangement between the parties, unless there is some agreement to the contrary. Since an Association is a representative body, you will be well within your rights in raising the issue with the association and if the majority of the flat owners are with you, I am sure you will be able to have your way.

Please note that there are certain thumb rules in this regard, but in your case, the proper solution would be to raise the issue with the association and see how the majority feels.T