• Unequal society charges

We at Om Enclave Kota Rajasthan are forced to pay in-equal society charges for maintenance like security, common area lighting, cleaning & general maintenance. No extra services are provided for those having 4 BHK flats as compared to 2 or 3 BHK type then why should we pay more? Is it legal? If not which law applies to regulate these charges. Please advise.
Thanks & regards.
Prashant Wakhale.
Asked 7 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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5 Answers

1) Society maintenance charges are equal for all members irrespective of size of flats

2) only contribution towards property tax, water charges , insurance depend upon area of the flat

3) water charges depend upon number of inlets in your flat

4)security, common area lighting, cleaning & general maintenance. would be equal for all members

5) check the provisions of bye laws adopted by your society . it contains detailed provisions regarding maintenance to be charged for members

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1) you can file complaint before the cooperative court if society has charged you excess maintenance charges

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1.The service or maintenance charges very with the measurement of the flats only.

2. So check the cooperative society act of your state is every state ahs it own society act and or apartment ownership act.

3.You can refer the society bye laws also on this issues.

4.In any event if you are not desirous to make the excess payment then raise dispute by lodging complaint with the Registrar of cooperative society.

Good luck

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Every Housing Society or Apartment Owners Association at its formative stages has to decide on the structure of Society Charges it will collect.

Most debates center around the decision of making the charges on the basis of sq.ft. of each Flat or on a uniform basis where every flat pays equal Society Charges. This debate gets more pertinent in Societies with high variation in the area of the Flats.

Sq. ft based charges:

Pros: This method is easy to calculate and maintain

Cons: This method is however unfair to owners of larger apartments or villas, as there are many facilities which are used by all residents irrespective of the size of the apartment they live in like Clubhouses, Lifts, Gardens, etc.

Equal Maintenance Fee:

This is a favoured method where the size of apartments are almost the same. The total maintenance charge which is to be collected per month is arrived at and then it is divided the number of apartments. The resultant amount is charged per apartment every month as maintenance charge.

Pros: Easy to calculate and implement in societies with same-sized apartments.

Cons: For housing societies where apartments are of various different sizes, this method becomes unfair and are usually not accepted by the members.

You must clarify the step or method adopted by your society and then think about initiating further legal process.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Where can I file a complaint to recover the excess amount paid as Society Maint Charges as compared to other residents?

You have to recover from the society where you paid the amount, you may issue a legal notice demanding the same

After that you can approach civil court for recovery.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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