• About paying the Maintenance Charges.

Dear Sir,
I have purchased the 2 BHK house in one of the society in Punjab. Total payment is done. As of now no body is staying there neither the house is on rent. My queries are:
1) Do i have to pay the Maintenance charge every month.
2) In case I am not paying on account of not taking any services, can the society put any penalty on me legally.
Asked 8 months ago in Property Law
Religion: Hindu

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22 Answers

It is for the Society to make provisions in its bye-laws as to whether monthly maintenance charges are to be paid by all members or by those members only whose houses are occupied or to impose slightly less maintenance charges on members whose houses are vacant.

Generally each member is generally required to pay the monthly maintenance charges to the society irrespective of whether or not his house is lying vacant or occupied.

Yogendra Singh Rajawat
Advocate, Jaipur
21427 Answers
31 Consultations

4.4 on 5.0

You are liable to pay maintenance charges irrespective whether you are staying in flat or not 

 

2) society can charge you interest for non payment of dues 

 

3) also take recovery proceedings against you 

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

Dear Sir,

1. It is a settled principle of law that the owner has to pay the maintenance charges whether the flat is occupied or vacant, if the bye laws of your society require you to pay them.

2. The society can impose a reasonable penalty if they have made a rule to that effect. Otherwise they can initiate legal proceedings against you to recover the dues with interest and claim the legal expenses.

Hope this answer is of some help to you. 

Best wishes. 

 

Agam Sharma
Advocate, New Delhi
617 Answers
4 Consultations

5.0 on 5.0

1. Once a person becomes owner of a flat which is ready for habitation, the owner becomes liable to pay the monthly maintenance charges. 

2. It doesn't help whether he resides in the same house or not.

3. For non payment of the same the association is free to impose penalty which its authoried under its bye laws but subject to the laws  of the land.

Devajyoti Barman
Advocate, Kolkata
22141 Answers
331 Consultations

5.0 on 5.0

Dear Sir,

You are required to pay the maintenance charges for security etc. 

Ganesh Singh
Advocate, New Delhi
6605 Answers
13 Consultations

4.5 on 5.0

1. Yes you have to.pay the maintenance.

2. The society may file suit and charge interest from.you on delayed payments.

 

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
128 Consultations

5.0 on 5.0

Whether you occupies the flat or not maintenance charges are payable. 

Arrears of maintenance charges can be recovered as a charge to the property by order of court. 

Kallol Majumdar
Advocate, Kolkata
2792 Answers
4 Consultations

5.0 on 5.0

1, Yes you are liable to pay the maintenance, irrespective of whether you are staying or not.

2. Yes the society can take legal action against you for not giving the maintenance. 

Archit Vasudeva
Advocate, New Delhi
260 Answers
1 Consultation

5.0 on 5.0

1. Yes, after purchasing the said house , now you become a member of the society , and hence you are bond to pay the maintenance charge as well. 

2. Yes

- In case of non payment , society can impose penalty , and recover the same from you. 

Mohammed Shahzad
Advocate, Delhi
6272 Answers
64 Consultations

5.0 on 5.0

Once you have got a possession of the flat and builder has handed the building to society and society is formed than you have to pay maintenance charges. Whether the flat is empty or rented.

Ganesh Kadam
Advocate, Pune
11931 Answers
121 Consultations

4.9 on 5.0

Yes, 

society maintenance charges has to be paid regardless. 

Abhishek Sharma
Advocate, Chandigarh
119 Answers
2 Consultations

5.0 on 5.0

Yes you need to pay maintenance if society is taking care of maintenance incurred for society

Prashant Nayak
Advocate, Mumbai
23089 Answers
49 Consultations

4.4 on 5.0

1)Yes, you need to pay the maintenance of the flat, whether you stay / not.

2) Yes, society can impose penalty on you by way of charging interest on the amount of maintenance payable.

Legally, the society can initiate proceedings for recovery of money against you. 

S Srinivasa Prasad
Advocate, Hyderabad
2866 Answers
9 Consultations

5.0 on 5.0

From examining all the facts of your query I want to say that-

These cases are very common in various Courts of India. The maintenance charges have to be paid by all the owners, whether the apartments are occupied or not. The maintenance charges for unsold flats should be borne by the builder till they are sold, and thereafter by the purchasers. The general body may, if found necessary, take a decision on reduced or concessional maintenance charges on unoccupied or unsold flats and implement the same.

To my mind it is for the Society to make provisions in its bye-laws as to whether monthly maintenance charges are to be paid by all members or by those members only whose houses are occupied or to impose slightly less maintenance charges on members whose houses are vacant. I have dealt with such cases in Supreme Court. Some members do not realize that the maintenance charges levied by a housing society are not for the purpose of maintenance of the individual member’s house, but for the maintenance, repairs and reconstruction of the common infrastructure of the housing society. Maintenance of an individual house may be the responsibility of the individual member concerned. But, then there are many requirements for the society’s premises and many common services, such as society’s office, roads, passages, security arrangements, water supply, supply lines, sewer lines, lifts, staircases, telecom lines, etc., which are for the common use of all members of the society and which have to be taken care of by the society. I feel therefore, the society has to bear these expenses even if some individual members’ houses may be lying vacant and not occupied. Society cannot close down if a few houses are vacant. It is not the fault of the society if some members are keeping their houses vacant. Therefore, each member is generally required to pay the monthly maintenance charges to the society irrespective of whether or not his house is lying vacant or occupied.

Please understand that it is the duty of the members to regularly pay the maintenance charges to the society, otherwise the very purpose of having a co-operative society would be defeated since every member has to make his contribution towards the society in the spirit of cooperation. You may not pay the maintenance charges only if your society bye laws and agreement allows.

If certain members fail to pay their monthly charges, then initially it may be advisable to persuade and convince them about the requirement of paying those charges. If need be, notices can be issued to them. If the society’s bye-laws provide for charging of interest for late payment of charges, then the same may be levied. However, if certain members still fail to pay the monthly maintenance charges that are due from them, then the only option left with the society is to take legal action against them as per the law applicable in a particular state.

 

You may contact my secretary to connect with me for clarification.

I hope you and your family are safe and healthy. Stay home and be safe during Covid-19.

 

Gopal Verma,

Advocate on Record & Amicus Curiae,

Supreme Court of India

Shri Gopal Verma
Advocate, New Delhi
304 Answers
5 Consultations

4.0 on 5.0

1. The monthly maintenance charges are to be paid by the owner or the tenant whether the flat is occupied or kept vacant.

2. The bylaws will authorise the society to initiate proper legal actions as per the provisions of the by laws in this regard.

 

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

1. Yes.

2. Yes

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Minimum maintenance charges have to be paid so tgat the area remains livable. You may negotiate the charges with the society.

Rahul Mishra
Advocate, Lucknow
11900 Answers
26 Consultations

5.0 on 5.0

If you are owner then you should pay maintenance, it doest matter you are staying or not  . 

If you have not been paying your maintenance bills, your apartment society can take action against you.

society can charge you interest on out standing balance. 

Mohammed Mujeeb
Advocate, Hyderabad
19001 Answers
17 Consultations

4.5 on 5.0

1. Once you have physical possession /custody of the House, THEN irrespective of whether you stay or keep it vacant or unoccupied for whatsoever reasons, the Society is legally  entitled to levy you all the usual Service & Maintenance charges (and interest /penalty for delayed payments), without any exceptions, whatsoever .... more so since Society incurs charges for all common services & amenities (Security, common area Electricity, Gardening, Manager, etc.... )

2. The above has been upheld in several HC judgments.

Hemant Agarwal
Advocate, Mumbai
5546 Answers
25 Consultations

5.0 on 5.0

1. Maintenance has to be  paid only for services which are provided and availed.

2. If you are availing any services then you should pay maintenance from the date of delivery of possession or the date from which services were availed.

3. For delay in payment the society can impose penal charges.

Ashish Davessar
Advocate, Jaipur
30308 Answers
881 Consultations

5.0 on 5.0

maintenance has to be paid whether you reside in the flat or not

society can levy penalty for non payment of maintenance

Yusuf Rampurawala
Advocate, Mumbai
5977 Answers
46 Consultations

5.0 on 5.0

1. Yes you have to pay maintenance charges on monthly basis even if no one is residing in the flat. 

2. Yes society can charge penalty for non payment of maintenance on time. 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

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