Judgment of Venus cooperative society is applicable only to cooperative societies registered under Maharashtra cooperative housing society act
2) it would not be applicable in your case
3) in your case maintenance would be as per carpet area of flat
Maintenance charges for apartments registered under Maharashtra apartment ownership act 1970
The condominium has over 250 apartments. Few dominant members prevailed upon others and decided to charge all common expenses on areas basis.1. All common expenses are charged on the basis of carpet area of the apartments. 2.Each apartment owner has purchased parking bays and some apartments have large terraces. These are not considered while distributing expenses. All common amenities are enjoyed equally by the apartment owners irrespective of size of the apartments. 3. There are club facilities that are shared with other condos. Our share of expenses for these facilities are also distributed on the basis of carpet area of our apartments. Explanation given is that the declaration mentions ratio that is based on carpet area divided by total area. Although the declaration clearly mentions how the expenses should charged. It mentions that expenses on apartment should be based on carpet area of the apartment. Also expenses due to limited common areas should be proportionate to the area of the limited common area. This is highly discriminatory against larger apartments but the smaller apartments, having tested benefits are not willing to give up their benefits. Is judgement in " Venus cooperative housing society " applicable here? Are they legally right? What can be done to get justice?
Asked 5 years ago in Civil Law
13 Answers
You can make a written complaint to sub registrar of co-operative housing of your ward. And mention all details that the maintenance is not collect as per the law and rules framed by act. Actually there should proper maintenance collection for fixed and fluctuating variables. Once these two definition is passed in the AGM by the MC than this type so issue do not arise in the society.
Fixed means like sinking fund, painting fund etc
Fluctuating which are funds collected for day today expenses like security, common electricity bills, Lifts expenses, water charges on consumed basis irrespective of flat size etc.
Except maintenance charges which is chargeable as per carpet area of member ,all common facilities be charged equally.
Club House, Gym, Swimming Pool etc are chargeable equally by all members irrespective of their carpet area of Apartment held and occupied by them.
- 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 accordingly.
Yes, they are.
Serve them with a legal notice and than file a specific performance suit against them
Almost all Apartment ownership Act refers to payment of maintenance charge proportionate to the area each flat owner holds.
Si refer to your Act as well. If the Act is specific on this issue then the bye laws of the society can not override it.
So raise dispute with the Competent Authority on it and let it adjudicate.
Thereafter remedy lies in high court.
Yes they can't charge it on area wise it's illegal maintenance can only be charged equally and not flat area wise. There is Maharashtra govt circular 29-4-2000 for the same
This is a matter of bylaws of the association.
In the next general body meeting the majority of members can prevail upon the association a pass a irresolution to get it changed as per what you say now.
The solution for this would be only in the next general body meeting hence you may even decide to call for a special meeting of the association to discuss the issues and keep them as agenda for the meeting.
Dear Sir/Madam,
You complain regarding the activities of the Apartment Association to the registrar of society and ask for action against the society management and suitable direction for the needful and justified actions.
maintenance charges shall have to be equal amongst all members irrespective of their carpet area.
1. You need to get amendment in byelaws of your society for change in maintenance structure and for this majority is needed in AGM of society.
2. This is the only way by which you can get change in maintenance of flats.
Judgment in Venus CHSL is equally applicable to your case
the logic remains the same
common amenities and facilities can NEVER be charged on basis of carpet area
the said charging is clearly illegal
you can pay the amount 'under protest' and on a 'without prejudice' basis
you will have to challenge this decision of the management of the condominium by filing a suit in civil court
