We're a 160 apt complex in Bangalore registered under Karnataka Societies Act since 2011 The complex consists of 5 types of apartments, with the larger types almost double the smallest types. The association has been collecting maintainance on per square foot rate based on expenses for all facilities and services. Along with increase in rates and 3 month advance collection, the amount paid by larger apartments has increased, especially since they now come under GST ambit while the others are exempt. Thus one group of residents have to pay 25% more while the rest pay only 7% additional. A group of residents have suggested a move away the psft method of calculation to a hybrid approach where charges such as common area electricity, security, housekeeping, lifts etc. are to be shared equally by all apartments and water, diesel etc are charged by apartment area. The council has been reluctant to implement this citing various reasons: bylaws, complexity and objections from smaller apartments ( about 25% overall) who will pay more under this method. What legal options can be suggested for residents who are paying exorbitant amounts under the psft method for mostly same common services if the Association keeps delaying and continues the current unequal method.
Society with majority is at the liberty to charge area wise or eqaul MC. Area wise is more prevalent and adopted practice.
Smaller once may have their objections but last call will be of council. Bye law regarding MC will amend which will after passing a resolution to amend a bye-law in the general body meeting after giving a notice to all its members with respect to the proposed bye-law.
Hi
You should go to the consumer court.
File the complaint mentioning the facts and few more valid reasons.
You will need the majority of members to prove your version in court.
Thanks
Maintenance charges on per sqft basis is a common method.
Any changes in rate calculation method if not unusual in nature, shall be made by passing resolution to this effect by a majority of members present in general meeting.
You can send a proposal to change the method of maintenance rate to the committee which should be placed before all members for consideration.
Maintenance have to be as per bye laws adopted by society
2) if bye laws are silent then maintenance has to be equal for all members irrespective of size of flat
3) water charges can be on basis of number of inlets in flat
4) insurance has to be as per area of flat
The society should charge maintenance as per the bye laws.
This is a decision to be taken by the general body meeting only.
The by laws have to be amended by passing a resolution to this effect.
The majority of members have to support the resolutions to be passed in this regard.
The registrar or court will not interfere in this matter especially when the same is approved by the general body meeting of the RWA .
You can gather support from like minded and affected members of the society to amend the by laws of the society to suit this arrangement in future.
01. See legally maintenance can be collected per sq. ft. basis and equal amount for all members, see its decision of society so if has implemented a per sq. ft approach same cannot be challenged or society cannot be forced to implement the other approach it is decision of the common body as per the bye laws.
1. The maintenance, in so far as it relates to common areas which are accessed by all flat owners, has to be uniform.
2. The aggrieved flat owners can file a suit for declaration and permanent injunction against the association to restrain the association from levying maintenance charges on PSFT basis.
Actually maintenance cant be collected as per square foot or area basis it's common between the no of members
1. You can send a written request to committee for implementation of new rates in Hybrid calculation.
2. Raise this issue in AGM and ask to do voting of this issue.
3. If result of voting comes in your favour then only you can take legal action against committee for making new bye law for implementing new method of maintenance calculation.
