As per THE TELANGANA APARTMENTS (PROMOTION OF CONSTRUCTION AND OWNERSHIP) ACT, 1987. (ACT NO. 29 OF 1987) Section 13 "The common profits of the property shall be distributed among and the common expenses shall be charged to, the apartment owners according to their percentage of undivided interest in the common areas and facilities.". Our apartment has flats both with areas 1540 sft and 1750 sft. and proportionate UDS. However, they're collecting same monthly maintenance charge of Rs. 2000/- per flat size irrespective of flat size and UDS area. It may be brought to notice that during allotment of Parking Lots, the flat owners of bigger 1750sft flats claimed all larger parking slots citing that as they have bigger flats with bigger UDS, they should be entitled to choose bigger parking slots and they've taken larger parking lots accordingly. With the similar logic & reasoning and also as per Telangana Apartments Act, can't the smaller flat owners with 1540 sft flats avail their legal right for lower maintenance charges in proportion to their lower flat area and lower UDS compared to bigger flats of 1750 sft? What legal options do we smaller size flat residents have? Can we claim proportionate refund of the extra Maintenance fee collected against the provisions of the Act? P.S. The byelaws don't specify any particular maintenance fee amount and it says Maintenance fee is decided on time to time basis.
Since bye laws are silent as to how maintenance amount is to be charged to apartment owners it is for AGM to decide how maintenance is to be recovered from flat owners
2) place issue in agenda for AGM
3) the decision taken by majority of members would prevail
4) the amendment in bye laws has to be ratified by registrar
Since this is a matter of the decision taken in a general body meeting and a resolution was passed adopting the decision taken by majority members of the association in the general body meeting, you may not be able to object or agitate over it individually at this stage.
You may gather the support of all like minded and affected members to represent this issue in the next meeting properly and try to find an amicable solution to this.
If your grievances are still not addressed then you may plan to take it up legally by first approaching the registrar of cooperative society with a complaint against the association venting out your grievances quoting relevant laws in this regard.
File a complaint to the Registrar cooperative Societies office.
Registrar will order the refund
1. Thd contribution of monthly maintenance charges varies with the measurement of flat. In other words owners of bigger flats would contribute more than that of the smaller ones.
2. This is so in all such Acts in other states as well.
3. So the small flat owners can refuse to make equal contribution and lodge complaint with the Competent Authority to adjudicate the dispute.
4. No bye laws mention maintenance charges.
1. ALL amounts under various expenditure heads have to be totalled up and then divided amongst the total number of flats and then charged EQUALLY amongst all Flats.
2. Unequal maintenance charges is a prosecutable offence under the Consumer Protection Act and even HC has upheld this.
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.
yes you can claim the same on proportionate basis. you need to file a complaint with dy regsitrar for the directions
Dear Sir/Madam,
You are suggested to submit a written application to RWA/apartment association management to remove the anomalies related to maintenance charges and go as the said THE TELANGANA APARTMENTS (PROMOTION OF CONSTRUCTION AND OWNERSHIP) ACT, 1987 and also ask for adjustment of extra amount paid by you. if your application is not entertained, complaint against the RWA/apartment association management registrar of society.
When eqaul MC is charge from all owners irrespective of flt size than special preference cannot be given to bigger flat owners for allotment of parking area. This is arbitrary and lack rational.
Even if MC was acc.to flat size than also, bigger flat owners were not entitle to big parking slot. parking rules shall be common for all.
Complain to registrar. If no solution, affected flat owners can obtain stay from court agasint disorganized allotment of parking.
MC can be common for all or as per flat size. And MC rules cannot be changed life this and must be mention in society bye laws.
1. Maintenance of the flats of the Society is a matter which shall have to be decided by the members of the Society.
2. Problems and disputes always arise in Societies having two or more different types of flats of different area.
3. You shall have to decide by passing a resolution in your General Meeting as to what will be the maintenance for the flats having lower carpet area.
4. However, you can take reference to the said Act in your meeting while forwarding your argument for paying reduced amount towards maintenance.
Maintenance charges are to be charged per square feet of built up area only.
Please note that there is no specific law for guidelines on maintenance fees .
you can challenge the maintenance fees being equal to all , when the flat sizes are totally different.
You can raise the issue in the AGM about the proportionate charges i.e., on the basis of area occupied.
You can seek for inclusion of the said issue as one of the agenda items to be decided in AGM and incorporation in Bye laws accordingly.
The decision of the AGM will be final.
Upon deciding the same, the amended bye laws can be retified by Registrar.
1. Yes you can first raise an objection for maintenance amount with management committee.
2. If they refuse to entertain the matter then make a complaint regarding maintenance amount to registrar of societies.
1. You are right. There has to be equity.
2. The smaller apartment owners can file a suit for declaration in the civil court to declare the practice of uniform maintenance as illegal.
