• Payment of maintenance charges prior to possession

The project where I invested for a flat commenced in 2006. The final payment was paid in 2015-16 and the offer letter was given in Nov 16. However, the flat was not ready and possession of the flat could not be undertaken due to various shortcomings. This was intimated to the project director verbally on various occasions. However, the flat could only be taken over in 15 Jan 18 that too with existing defects. The society is insisting that the maintenance charges from the date of offer (Nov 16) are required to be paid since money for the upkeep of the common areas was required. I have not paid any maintenance charges to date and want to know if it is legal for the society to ask me of these charges.
Asked 4 years ago in Property Law
Religion: Sikh

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12 Answers

U r not in possession so no question of paying maintenance charges. There is no legal binding for it

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

It must be mentioned in your builder's buyer Agreement, as to since when you were liable to pay the maintenance charges.

As a general rule, builders offer possession after obtaining the completion certificate from the competent authority. Possession has to be taken in terms of the offer letter within 15/30 days. If one fails to take possession within the given time, the builder starts billing the allotees for maintenance, irrespective of takes possession or not.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hi,

The society is empowered to collect maintenance charges from the date of possession offered. The dispute with builders may be dealt in other ways like complaint in the consumer court.

Society rules are applicable to all the owner residents

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. well,the obligation of the flat owner to pay maintenance charge does not arise unless and until he gets physical possession of the proeprty or deed of conveyance is executed,whichever is earlier .

2.In other words the flat owner is bound to provide such maintenance charge only from the date when he gets deed of sale registered or states residing the premises.

3.So the claim of the society for maintenance from 2016 does not have any legal basis and you can rightfully refuse to make such payments.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

When was occupation certificate issued ?

2) you are liable to pay maintenance from

Nov 2016 if OC was issued by muncipal corporation

3) amicable settlement is best option

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1) are you second owner of flat, if society is already formed and is running smoothly under the CHS act. Then you have to pay maintenance charges from the date of purchase flat and not from possession.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Every housing society has some common areas and as per the Real Estate (Regulation and Development) Act or RERA (well, even before the Act came into existence), the promoter or the builder is responsible for providing and maintaining essential services on reasonable maintenance charges to be paid by the residents.

Once the society's Resident Welfare Association (RWA) is formed, and the maintenance work is handed over to it, the builder can no longer charge for maintenance. RWA can t ..

It's always better to have a fair idea of the maintenance charges at the time of booking an apartment as they are recurring monthly charges. Also, try and participate in the process of arriving at the charges when the RWA takes the matter in its hands.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

As per S.11 of the real estate act, (4) The promoter shall—

(a) be responsible for all obligations, responsibilties and functions under the

provisions of this Act or the rules and regulations made thereunder or to the allottees

as per the agreement for sale, or to the association of allottees, as the case may be, till

the conveyance of all the apartments, plots or buildings, as the case may be, to the

allottees, or the common areas to the association of allottees or the competent authority,

as the case may be:

Therefore, it is the responsibility of the promoter to maintain the common area till the conveyance of all the apartments.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Hello,

Society can only take maintenance from the date when they have offered the possession and can not take the same before that.

Go to the consumer forum challenging the maintenance charges as levied by the society.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. You have been offered possession of the flat by the builder which he had offered to other buyers also who have already taken possession of their flats and residing there in by forming a Society.

2. You can not escape the liability of payment of maintenance on the ground that you have not yet taken possession of your flat as the common areas belonging to all the society members/flat owners shall have to be maintained and others can not be restrained in taking possession of their flats and maintaining the common areas until all the flat owners take possession of their flats and start paying maintenance.

3. On the above ground it is justified legally on the part of the Society to ask payment of maintenance of the common area from you.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

No

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If the reasons for not receiving possession are beyond your control and fault you don't have to pay the same. Inform the same in writing to the society that the said possession was not taken by you and you are liable to pay the same from date of possession.

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

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