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GARIMA (home maker)     16 August 2012

Society maintenance flat/sq ft..?

Mine is a  only row houses society..area is differing from 2000 to 4000 per sq ft.  Our management committee (most of them reciding in 4000 sq ft houses) has decided that we all have to pay equal maintenance charges in-spite of the fact that before this committee was formed we all were paying per sq feet to the builder.  This point to be noted here also that this committee was not formed via elections. They all elected themselves on major posts...no elections at all.  Reason for that was..as i said ours is a only row houses society (proposed by  the builder) and suddenly one day builder came and told us that he is going to make apartments at his land behind our society so all the residents made a team and filed a case against the builder which is still going on in the court   and the builder stopped maintaining the society then only but did not hand over the property to us.  So that time this Provisional Committee was formed with out any proper elections and it was decided that everyone will pay a fixed amount  to run the society . Its been almost 4 years now...committee members are same , they did not arrange any elections to select new people. There are no bye-laws in our society.  No audit was done in last 3years. When few people raised this point ..they did audit but only of last one year by a auditor selected by them only. They are not ready for an audit done by a third party.  And now they have decided that all units small or big will pay same maintenance as this option suits our management committee.  Wanna ask here..are these people doing the right thing. .?  Almost everywhere we see maintenance per sq feet..some places  equal is also applied but  at such places, houses are of similar area.

Does such kind of committee  has a right to impose such thing on us without discussing with all residents..?

Can they impose such decision on us in spite of the fact that builder has not handed over the society to them legally and we were paying per sq feet to the builder before why equal now...?
Please answer my query ..I will be very grateful to you.

Thanks.



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 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     16 August 2012

Is your society got registered under society act or not.? If  it is registered one, give a complaint to the registrar of societies. They will take action. If it is not registered, then give a complaint to the chairman of the society.

GARIMA (home maker)     16 August 2012

Thanks for your reply Sir.   Society is registerd but our Management Commettie is not doing whats need to be done. And they are also not scared of registrar  and all. They are just following dictatorship here.   Our Chairman knows about this maintenance issue but he is also supporting  equal fee option.

  Please tell me..what is right...equal maintenance fee or per square feet maintenance....where big houses are almost double in the size and with huge gardens. And main expenditure is on water and electricity in this society.

will appreciate your reply again.. thanks.

SACHIN AGARWAL (ADVOCATE)     16 August 2012

Better to make a complaint before  Registrar of Societies and change the committee. Conduct elections and then decied the matters.

mrmadira (Others)     30 October 2013

Recommend you to reach out to the registrar of societies and report the issue. Its relatively easy process. 

Regarding your issue of flat rate vs per sft rate - suggest you to read https://blog.apnacomplex.com/2011/08/07/how-to-calculate-maintenance-charges-for-your-apartment-association-or-how-to-share-common-expenses-in-a-housing-society/

The article outlines a framework for sharing expenses in a society based on model bye-laws of Maharashtra state - the same can be used across other states as well


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