Greetings, Our Apartment Complex Society is registered under KSRA, 1960 The society has a total of 160 flats of which 112 flats are below 1200 Sqft (Ranging from 1055 to 1195) and 42 flats above 1200 sqft (ranging from [deleted]) While the facilities availalbe for use at the apartment are common for all the 160 flats, the apartment society is currently charging a flat maintenace fee of Rs 2 per Sqft. It further proposes to increase this fee to Rs 2.50 for two reasons. 1. About 30 owners who own the house but do not regularly stay are not paying for the maintenance thereby a shortfall of funds is created. 2. The association plans to replace certain assets which are common for all and hence need funds. Increasing the costs arbitarily by the assocation is increasing the cost burden on the larger sized flats and we have to shell out more money for the same facilites that is used by all residents. The association is not being reasonable to include the cost calculation for security, housekeeping, common area electirity, lifts, generator and amenities as Equally distrubted and to be shared by all. It can charge a development fee at Per Sqft rates for building maintenance like painting where surface area of the flat would come into play. When this issue is raised, the association is asking for a internal society poll to be conducted which asks for per sqft charging or equally distribution charging. Few members have also rationalized in the past with statements like those who earn more pay more, BBMP also charges more based on area of house though the roads and facilities provided are same to all. Naturally the 70% below 1200 sqft sized flats would want per sqft charges as their burden reduces and the above 1200 sqft flats have to pay more. This difference higher flats pay averages to Rs 1000 more for same services availed. Please let know: - Is conducting a poll, where you are already known to be minority flats in numbers fair and imposing higher charges on them correct? - Is is correct to add the charges of non-paying flat owners to be included in per sqft charges and add to all flats where again larger size flats have to contribute more for someone not paying? - Shouldn't any asset being purchased for the common use of the society like - new water pumps or gym equipment etc be shared equally by all residents? - Are arguments on how other societies pay or the govt charges valid and shouldn't the association take approach that is fair to all members of its society and treat all owners the same? Thanking You,
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1) it is immaterial how other societies recover maintenance from members
2) association should be fair and reasonable in its approach
3) assets should be purchased out of funds raised equally from all flat owners irrespective of size of flat
4) it is not correct to burden large flat owners on account of failure of some members to pay maintenance
5) maintenance should be charged as per provisions in bye laws adopted by society and approved by Registrar
No. You're aware with this outcome of this polling. Register a written protest that Maintenance be charged on a hybrid model as you had already proposed. Thus, Maintenance be levied at a flat rate for maintenance and upkeep of common amenities. For things like, paining of building etc., they may levy contributions on sq. Ft. Basis.
2. No.
3. Absolutely. Usage remains the same. Infact some of those living in a smaller flat may have a greater use if they have more family members than you.
4. The fair appreciate is to follow the hybrid model as I've already explained. You can take a legal action.
Hi, it is a dis te related to RWA.. Generally in every apartments the maintanace is by size of the flat ..but if you are unsatisfied by the new rules of RWA you can challenge it in court .. However it is advisable to find a way out which is beneficial for all the residents and settle the matter amicably ..
The maintenance charges levied on the basis of sq.ft especially for common utilities like lifts in common area, gym etc should be common for all but the personal utilities should be charged on utility basis.
This may be discussed in general body meeting.
The matter can be taken up through registrar of societies also.
