I own a Penthouse on the 11th Floor of 1700 Sqt (3 Bedroom) and 1350 Sq Ft of Private Terrace in Marathahalli Bangalore. The Association has been charging maintenance based on Sq Ft area and the cost per Quarter is coming upto 28000/- while flats that are on the lower floors and smaller pay 14000 per Quarter. The common Areas that are enjoyed are the same as my Apartment. I have brought this up with the Managing committee and asked them charge equally among the 570 Apartments. But they have not agreed and dont want to listen. I want to seek your advice on the correct practice and what should be my next steps be.
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What is provisions in bye laws regarding maintenance
2) maintenance should be equal for all members irrespective of size of flat
3) you can complain against association before registrar
4) in alternative file suit seek orders to set aside excess maintenance recovered by association
Dispute is with Society/RAW, you cannot approach District Consumer Forum. You have to approach Civil Court against excess collection of maintenance. Societies’ Court is also not empowered to decide the dispute. Issue notice seeking just and proper collection and adjustment of surplus maintenance paid and thereafter file suit in civil court for determination of maintenance.
you must go through the bylaws in this regard.
If at all you are aggrieved by this decision, you can raise this issue in the next meeting of the association and try to find some solution to this.
If you feel that there is a gross injustice has been done to you towards charging this maintenance amount then after exhausting the remedies available in the local, you can plan for legal action by first issuing a legal notice to the association in this regard and then about instituting a law suit either before cooperative court or before consumer forum.
Dear Sir/Ma'am,
1) The maintenance charge depend on the rules and bylaws of the society.
2) You should go through them and if this clause of different charges is present you can file a complaint to the association of apartment owners, if they do not comply to reach a solution.
3) You can approach the registrar and file a complaint against association.
4) Last option will be to file a civil petition.
Thank you
Hi, as per the Karnataka Apartment Act all the expenses are bore by the owners equally. So the charging of Maintenance on the basis of the square feet is not in accordance with law and it is bad in law.
Charging per sq ft is illegal and unfair to the occupants of bigger premises who just because they own bigger premises have to share the common areas Equally with other occupants occupying smaller premises
The grievance raised by you is absolutely correct
This issue is already decided by the Bombay High Court in the case of Veenus Co-operative housing society limited which was not challenged by the society and thus has attained finality
You will have to file a suit against the association against this illegal practice
maintenance charge had to be equal irrespective of the area difference unless there is a clause in the byelaw to charge as per the area.
You should file suit and challenge the society decision to overcharge, the same to be set aside, and recover over paid amount with interest.
You need to complain it to dy registrar of co-op societies for the same
