• Start date of maintenance charges

I purchased my flat in MUmbai which was registered on 25th Sep, 2017 and posession taken on 30th Sep, 2017. Builder had taken 18 months maintenance charges on possession. 
As per my understanding, the 18 months starts from 1st Oct, 2017 and ends on 31st March, 2019. The Society that is formed for the building should only take the further maintenance charges from me from 1st April, 2019. 
However the Society has approved the decision that every flat owner would pay the maintenance to society from 1st Feb, 2019 and they are taking common date of 1st August, 2017 for 18 months calculation.
Society commitee seems to be taking it a simple way to avoid any calculations flat wise for each flat possession. 

What is the correct regulation?
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

Sir it should be from the date of possession and society shall collect maintenance from the day the 18 months get over as for the remaining period owner has already paid 18 month maintenance to builder so yes you are correct in calculating that your maintenance from society starts from 1 April not from February as you have already paid till march to the builder.

The builder has to hand over the remaining funds to the society.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear client,

Maintainance not payable for months already paid and 18 months will count from the date of possession. To avoide multiplicity of dates of possession to other members, society might fixed common date from august. However, you are not liable to pay. If society not cooperate than complain to registrar.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You are liable to pay maintenance from 1st April 2019 as you have paid maintenance to builder for 18 months

2) in alternative builder should refund money collected from you for period of 2 months

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

1. There is a difference of only 2 months between end date of 18m as per your and society's calculations

2. Ideally your calculations would prevail. Its based on logic. No specific regulation is needed for that

3. 18m has to be computed from date of handover of possession by builder to flat buyer

4. But there may be several flats in your society. And different buyers may have been granted possession on different dates depending on their making of full and final payment to builder

5. Many a times builder receives OC but does not handover possession to buyer as latter has to make balance payments to builder

6. So different buyers would be given possession on different dates

7. The MC of society has skipped the exercise of computing maintenance for individual flats

8. There is also no point taking this legally as the legal expenses will be far more than the excess money which you are required to be paid by society, unless you want to pursue the matter on a matter of principle and fairness

9. So i suggest you make the excess payment under protest under cover of a letter wherein you can state your objection and also say that payment is without prejudice to your legal remedy against society for this practice

10. For ease of administration the society can take the date of grant of OC as the date of possession for all members and 18m can be computed from that date

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

Yes if this is the case then the maintenance charges will be to the society and it will be paid from the date decided by the society as it is approved by the resident irrespective of the dates in case you have any confusion then you can speak to the Builder for excess payment as you are responsible for maintenance from the date of registration of the flat how are you have taken position later on

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. The start date has to be 30th September i,e when possession was delivered, not before it.

2. Refuse to pay the excess maintenance charges of two months to the society through a notice. Society cannot paint all the owners with the same brush. If society decides to sue you for recovery of money then you can fittingly contest it in the court.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

This is my response to you:

1. Yes you are absolutely right;

2. Send the builder a legal notice and ask him to revise the payments to be made because 18 months are not complete;

3. Also the builder should have formed the society once 60% flats are sold out;

4. The society should be collecting maintenance once it is formed;

5. So consult a local lawyer with full facts;

6. Make sure the builder is not charging you arbitrarily, if project is RERA registered then approach RERA.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

If the society is a registered body then they may initiate legal steps for recovery if you refuse to cooperate with them in this regard.

The decision taken by the society would be with the approval of the majority members by passing a resolution in a general meeting or a special meeting.

Thus as a member you will be required to abide by the society bye laws and the decisions taken by a resolution passed in the meeting.

You may decide based on the prevailing situation if you do not want to complicate simple things.

You can object and refuse to pay maintenance for those two months and begin paying the same as and when it becomes due, let the society issue a notice after which you can consider the issue by consulting a lawyer.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

The following information may kindly be read:

Popular methods of calculating Maintenance charges

There are two common ways in which each housing society can decide the service charges for each member. The society is free to choose the design that suits their respective needs. The two popular methods used to calculate maintenance charges are:

Flat Wise: Flat wise service charge module calculates sum or total maintenance charge to be incurred by the society and divides equally among all flat owners irrespective of the size of the flat. This method brings a sense of fairness to each flat owner and society resident. This method is best adopted in housing societies where each flat is of the same size.

Area Wise: Under the Area Wise maintenance charge method, the total costs incurred by the society are charged according to the area in terms of per square feet owned by each member. The common areas are divided equally using a fixed rate while flats are calculated depending on the size of the apartment. For example, If acrate is Rs. 2/sqt then for 1000 sqft flats it is Rs 2000/per month and for 1500 sqft flat it is Rs 3000/per month.

Understanding Maintenance Charge Calculations

Housing societies have the option of charging their maintenance charges in either per square feet or per flat basis. Regulations in most states are not clear, but the model bye-laws of MOFA provide a simple solution. As per the Act, each housing society must follow a combination of per sq ft and per flat for various heads. There are however some exceptions as Co-operative Housing Socities (CHS) are not allowed to levy maintenance charges based on the area of flat of members under MOFA. This was clearly mentioned in the judgment following a writ Petition of Venus CHS Ltd and another, when the cooperative housing society wanted to switched from flat-wise monthly charges to area-wise monthly charges.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Hello,

Send a notice to the society and later if the society does not agree and takes a decision arbitrarily then file a case before the RCS.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear client,

1. Popular methods of calculating Maintenance charges:

2. There are two common ways in which each housing society can decide the service charges for each member.

3.The society is free to choose the design that suits their respective needs. The two popular methods used to calculate maintenance charges are:

4. Flat Wise: Flat wise service charge module calculates sum or total maintenance charge to be incurred by the society and divides equally among all flat owners irrespective of the size of the flat.

5.This method brings a sense of fairness to each flat owner and society resident.

6.This method is best adopted in housing societies where each flat is of the same size.

7. the model bye-laws of MOFA provide a simple solution. As per the Act, each housing society must follow a combination of per sq ft and per flat for various heads. There are however some exceptions as Co-operative Housing Socities (CHS) are not allowed to levy maintenance charges based on the area of flat of members under MOFA.

Koushalya Pattan
Advocate, Bangalore
174 Answers

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