Please be aware that the size of the apartment is basis for calculation of the maintenance because the common area is proportionally divided into each and every apartment in the township it is immaterial that any Apartment holder is paying 50% of the maintenance he has to pay hundred percent of the maintenance based on the square feet area of the flats size of the flat definitely matters and the apartment holder will have to pay according to the size of their apartment this method is known as absorption costing to observe all the expenses of the Township based on the square feet area of the flat in case there is no law in disregard you have to approach to Registrar of societies and chits and register your complaint in this regard to get the direction for Resident welfare Association
Apartment maintenance
Dear Sir I live in an apartment at Guwahati City which consists of 89 flats with 3 no 1 bhk , 9 no 3 bhk and rests are 2 bhk flats. The size of 3 bhk flats are marginally higher than 2 bhk with a maximum difference of 100 to 120 sq ft. More over in our apartment a person has 2 units of flats with 2 different name and also with different holding no. He is paying maintenance for 1 flat 100 % and other flat 50% . For example suppose if a fixed maintenance charges / month is @ 1500 he he should pay Rs 3000/ month logically. But in stead of paying Rs 3000/- per month he has been payinf Rs 2250 from last 3 years. This has compelled us to convert our maintenance charges from flat one to square feet maintenance charges which was already approved in AGM and documented for implementation. Moreover as we are paying exorbitantly high maintenance charges for so many years this square feet method of calculation has become pocket friendly for each flat owners including the 3 bhk . Now out of 9 no of 3 bhk owners 3 of them are saying that they are not interested in the reduction of the maintenance charges in this system and will challenge the same in court of law. Unfortunately till now ASSAM GOVT do not have any such law in this regard. As this square feet system will benefit every one including 3 bhk owners in such case how should we proceed to manage the situation and implement the square feet wise maintenance in our apartment. Awaiting for your reply. Thanks Pranab Bhattacharjee
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8 Answers
This is how maintenance charges calculate by society. Area wise calculation is more wise and rational. And it is up to society to decide which method will adopt - flat pr area wise. Let them challenge, no relief from court. Society can have own bye laws and this method prevail and used all over India.
And give them notice to pay charges otherwise connection will cut for default in paying MC.
The square foot system is more rational and widely accepted.
Futher it is at the discretion of the management to decide upon it through resolution passed lawfully.
Due to its rationality and wide acceptance, challenging the decision shall not have much merit.
1)maintenance should be as per provisions of bye laws
2) if bye laws are silent it should be as per decision taken in AGM
3) maintenance should be equal irrespective of size of flat
Maintenance is not on square feet basis it's always on common parameters. Only property tax is on square feet basis
First what does the society bye-laws says that has to be seen first . How was it decided that amounts has to be paid as per sft it their any resolution to that effect . All has to be seen and then only it can be finalised.
If the maintenance method has been approved in AGM and is accepted by majority of members in the society then it cannot be challenged by rest of the member who are opposing the change in maintenance system.
It will not be beneficial if they approach court against this change let them oppose the change the verdict will be in favor of change.
The revision of rates towards maintenance charges were approved by AGM and it has been effected in the bye laws as well.
Hence you do not have to worry about some objections or opposition here and there.
In case of any legal action you may challenge them properly on the basis of documentary evidences in your side.
