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Nithin Maiya   17 January 2024

Which document to be reffered for maintaince calcluation of a house?

Dear Sir/Madam

Greetings , I am writing to you to seek clarification on some ongoing disputes on the following matter 

Issue : What is the legal document to consider (valid) to finalze the Sq feet of the Villa/apartment to calculate the maintaince charges .

Background : Ours is a gated community with multiple villas , The Land was sold to each owner by the developer in 30x40 , 30x50,60x40 & odd sites dimensions and Sale deed with leagl Sq feet of the LAND mentioned in sale deed. Post this , an Construction agreement was made with buyer to build houses of diffrent dimension as per builing Approved plan from local authories (Deviation from plan of 20%). Both the construction agreement and Builidng apprved plan has two diffrernt sizes (Area) mentioned in them. Post this , there are villa owners who have KHATA done at much less Sq feet than what is in BAP (Buildig approved plan - almsot 2x less) . So with all these variations people are claiming that net Sq feet which is lowest will be considred as basis for Sq feet of thier house . 

Question : What must be the basis for calclution of Sq feet by assocaition so that its legally binding and fair in this case ?

 

Regards

N



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     17 January 2024

Living in a gated community requires you to regularly pay a maintenance cost.

This cost calculation happens according to the size of the house, villa or apartment.

Hence, prices are calculated per square foot. Maintenance costs cover the maintenance of amenities and common facilities in the community.

This includes the community roads, gardens, lifts, garbage collection, clubhouse and more. Hence, the maintenance costs will be the total of your home size, amenities offered, including security services and the locality you live in.

More upscale localities imply more maintenance costs.

General maintenance costs 

  1. Service charges: Security, garbage collection, parks & garden maintenance, swimming pool, play areas, etc., charges.
  2. Maintenance of lifts: For smooth operation of lifts, they must undergo checks and maintenance by the relevant company experts.
  3. Water charges: External water tankers when there is a shortage of borewell water or municipal water.
  4. Electricity charges: All common area lighting charges are included.

Nithin Maiya   18 January 2024

Thanks , but that is not my question . My question is which is the legally accepted document for calculating the maintaince / Sq feet . We have 3 in question 

1) COnstruction agreement 

2) Khata issued by Govt bodies 

3) Builidng Approved Plan .

 

All of them are diffrent due to deviations 

 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     18 January 2024

Every flat owner must get occupancy certificate.Accordingly the rate & area will decide.

Nithin Maiya   18 January 2024

Builder is not giving Ocuppancy certificate - thats another issue , in which case what must be taken in as a refernce document to freeze the Sq feet of the house for maintance. 


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