You should form cooperative housing society of all flat owners
2) adopt model bye laws
3) maintenance would be as per model bye laws adopted by society
4) it should be equal for all flat owners irrespective of size of flat
How to calculate the maintenance charge per flat
I am from South KOLKATA , West Bengal . I stay in a 4 storied building having 8 flats . 4 of them have 1580 sq ft area and remaining 4 are 1040 sq ft. I purchased the flat from a previous owner in 2014. There is no registeted Aptt Owners’ Association . Building is maintained by a loosely organised Association where a Secretary is appointed without any formal election for one year For last 20 years , Owners are paying all sorts of charges like Security , Electricity, Repairs , Lift AMC etc on per sq ft basis . Even one time heavy expense like water pipeline layout , boundary wall rebuilding , CCTV arranged by neighbourhood are all paid as per per sq ft area Few of us who bought Bigger area flats recently challenged the system and want to pay several expenses equally divided among 8 flats like Security , Electricity , one time Big expense of Capital nature where benefits are long term . How can you guide is in this case
Asked 4 years ago in Property Law
Religion: Hindu
20 Answers
1. Well, payment of maintenance charges on area of flat is found to be most logical and that is why the legislature has also accepted this while promulgation of Apartment ownership Act in various states.
2. Now in your case since the association is not registered under this Acf the same can be imposed with statutory force.
3. But in absence of such registration the flat owners will have to go by its majority decision. Thus is most democratic process. So unless and until majority number of flat owners doesn't want change maintenance ys yo be given on area of flats.
MC can be charged on per sq basis but not other charges because other facilities are enjoyed by all in same proportion irrespective of area of falt.
You can refuse if members dose not agree. No case can be file agaisnt association due to non registration of association.
Thanks Mr Ajay Sethi . Ours building is not of a type cooperative society one and are on ownership basis . Flat owners are not interested to form any formal Association under West Bengal Act and get the Association registered . They prefer to continue in loose way . The Flat owners occupying lesser area seem to prefer per sq ft charge for obvious benefit to them . Can you suggest how we set up a system and stop paying per sq ft for all expenses whatsoever
Asked 4 years ago
Charges for the maintenance of common areas generally calculated on the basis of per square feet rate so that it will have equal distribution of maintenance charges among the flats according to the flat sizes this is commonly used tool to absorb the cost of the maintenance.
Those who are holding bigger flats so not a post this cost distribution because affair apartment size and share in in common area proportion this is very commonly used accounting system to absorb the cost for equitable distribution among the members.
Maintenance charges have to be decided in annual general meeting
since 4 flat owners have flat size of 1580 square feet any resolution regarding recovery of maintenance charges has to be passed after taking their consent
insist that maintenance should be equal irrespective of size of flat
- As per rule , the popular methods to calculate the maintenance fee for your apartment is
1. Equal Fee for All, but it is common in the apartment , where all the flats are of same sized.
2. The most commonly used method is Area Wise maintenance charge , A rate is fixed for one square feet and then multiplied by the total square feet area of your flat in this method. It means that if you have a larger home, you will end up paying more.
- Further , the common areas are divided equally using a fixed rate while flats are calculated depending on the size of the apartment .
3. Partially Equal Fee i.e A particular amount of money is charged on the area up to a predetermined square feet value ,and beyond that, any increment in area is charged according to a unit decided by the apartment association.
4.Hybrid Charges , i.e Splitting the charges into two with the first part including all the common expenses incurred on lifts, security staff salary, stationary, property taxes, conveyance, audit fees, meeting charges, common electricity etc , and the second part includes the area based charges that are specific to the apartments such as water charge and electricity usage.
- Hence, you can decide and make rule after forming the society /residents association .
At the cost of repetition I reiterate unless and until more than half of the flats so decide the present system of maintenance charge calculated on area of flat which is most justified and logical procedure, can not be changed.
1. IRRESPECTIVE of the Size of Flats in a Society or Association, the Service & Maintenance charges have to be levied on "per unit /flat" basis only and not otherwise. This has been upheld in HC judgments.
2. However, IF the Society /Association is unregistered, THEN there cannot be any rules or laws applicable to it and neither any such charges can be collected, more so since such collection cannot be shown for filing annual returns or income tax returns.
Dear Sir,
One of the solution would be to arrange meeting of all the members/occupants and decide the things amicably because once there is registered society etc. then the doing the things legally will be a bit difficult as well as expansive.
The maintenance (excluding property tax and water charges) are always calculated flat wise and not area wise
That is, the maintenance has to be divided equally among all flat owners regardless of their flat size simply because the services and amenities are enjoyed by all members equally
If there is no society, then you are not even obliged to pay higher maintenance charges just because you own a bigger flat
Even if there was a society in place, the society could not demand maintenance area wise (that is on per square feet basis). It is always flat wise.
See Bombay High Court judgment in Venus Co operative Housing Society Limited matter, rendered in 2002
There are some methods the ideal way is no idea expenses against the no of members. If a single member has more than one flat then it will be added. Secondly you can also calculate as per square feets also. There is also combination of above 2 methods but ideal is the first one. The said division is only for common expenses and not personal like property tax etc
Firstly, you have registered as per the society or apartment act of WB. And collect the Maintenance charges accordingly the law and rules of WB co-op housing society act or Apartment Association of WB act or rules.
Common Maintenance are calculated equally flat wise and sinking fund are collected per sq ft wise.
It has to be paid as per sqft rate.
Legal system for collection of maintenance wpuld be registered association with registrar cooperative Societies office.
Same rational applies for one time expenses also
Big flat owners are not required to pay more than small flat owners
Flat wise division is based on common sense
And law itself is based on common sense
So there can be nothing which is specific to your state
One needs to apply some logic and mind
Even if there were any law in your state which require area wise distribution, the same can be challenged in a Writ Court!
Since there is no recognised association formed,the charges made towards maintenance and other expenses had been agreed by all members and were being paid so far.
Now you feel that some are charged with exorbitant charges even for common utilities.
In the absence of a proper association whether registered or unregistered, no such charges can be levied.
You can arrange for a meeting and discuss this topic as main agenda, explain the problems in the meeting during discussion and get a decision arrived by passing a resolution with the approval of majority for the proposed changes.
If possible you all can form an association as per law and gt it registered so that the bylaws can be strictly enforced.
In the absence of any such valid or legally recognised association, such problems cannot be solved until all the members arrive at a mutual and amicable decision.
If the members are not interested to form the association and they insist on continuing the present system, you can refuse to pay the maintenance amount the rate of which are against the natural justice.
You gather like minded members to support your claim and revolt against the existing practice.
You can stop paying the maintenance charges for the common areas for the time being until a proper decision is arrived by conducting a meeting.
We'd recommend you to form a cooperative housing society.
Understanding Maintenance Charge Calculations
Housing societies have the option of charging their maintenance charges in either per square feet or per flat basis.
if society is registered, the model bye-laws are applicable to every resident. Each member is mandated to pay maintenance charges under the law. In an unregistered society or apartment association, members cannot be forced to do so. In most cases, the members are themselves held accountable for fixing any damage or paying for services since there is no managing committee to look after such needs.
For change in maintenance charges from sq ft. To variable proportion you need to get the majority votes in your favour which means atleast 5 flats should be in your favour for change of maintenance calculations.
