Maintenance charges should be equal for all flat owners irrespective of size of flat
2) water charges depend upon number of inlets in flat
3) property taxes depend upon area of flat
Maintenance calculation of cooperative housing society located in pune
Respected Sir, We have a cooperative housing society located in pune west, which consist of 5 building A,B,C,D and E where A bldg consist of 3.5 bhk, B bldg consist of 4 Bhk, C and D bldg consist of 2 bhk and E bldg consist of 3BHk. Handover process from builder is in progress. In society we have provisional member committee which is working with builder for handover process and at the same time member committee has put a maintenance charge for entire society in sgm where maintenance charge is very high and that too is excluding Repair and sinking fund Ex:- 1. 3.5 bhk -> 7640 2. 4 bhk --> 7495 3. 3 bhk -> 6915 5. 2 bhk -> 6480 6 1 bhk -> 6045 the calculation they have put is all charges divide by total number of flat (280 flat that amount is 5320 rupee) and water charge based on taps in the flat. i have never seen such a high maintenance charge for 2bhk and 1 bhk in pune. most of the 2bhk and 1 bhk owner is not in favor to pay such a high maintenance charge but due to less number of presence in sgm meeting this got passed as a resolution. Some of the member has come up with new calculation just to make the charge low but that is not agreed by committee member as most of the commitee member belongs to A,B and E building. Below is the calculation presented. Dividing expenses building wise. 1. Total number of security guard in society is 17 and out of 17, 7 are deployed to comman area where 10 are deployed to building wise i.e 2 per building covering 24hr shift. it was said that comman area guard salary was divided between 280 flat and building wise guard will be added to building expenses. 2. same with housekeeping as well building wise and those are working for comman area will be divided by 280. 3. stp and wtp(water treatment plant) cost will be divided based on tap on that flat. 4. clubhouse and ameneties expenses will be divided by 280 flat. 5. building wise electricity bill will be taken by particular building. Based on above calculation maintenance cost got reduced for the buildings (C and D) having 2 bhk and increased for building (A,B and E) which is a 3 or more bhk. but this calculation is not accepted by committee saying bylaws this is not possible. Requesting you to please help us with your legal solution for this.
Asked 3 years ago in Property Law
Religion: Hindu
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6 Answers
1. The new calculation appears to be legally correct
2. all the common areas and facilities and amenities would be used by all the members regardless of their flat sizes. So the division by the total number of flats is legally and even logically right
3. building wise security is also sound since those 2 watchmens' salaries will have to be borne by all the occupants of the particular building equally regardless of the flat size
4. common building electricity charges division is also right so long as the division is by the total number of flats and not by considering the flat area
5. wtp charges based on taps per flat i.e. based on the consumption of each flat is also legally correct
i do not see any problem with the new calculation and it appears to be fair and reasonable
Your solution lies in taking over managing committee. Depending on byelaws call be gbm and pass a resolution rejecting the decision taken be existing mc and pass a resolution fixing reasonable maintenance charges. You can also challenge the decision by sgm before Dypt. Registrar as not representing majority opinion.
You can file a complaint to dy registrar for said calculation
Typically, housing societies charge maintenance fees based on the size of the apartment or other variables if the apartments are all the same size. A buyer should also be aware of the amenities included in the fee.
Housing societies are within their rights to collect maintenance charges, based on the size of the flat, the Telangana State Consumer Disputes Redressal Commission has ruled. The Commission said that if a legally elected body like the RWA (residents’ welfare association) decides to collect maintenance charges based on the plinth area of flats, rather than charging the same amount from all the residents irrespective of the flat’s size, owners of bigger flats have no reason to find fault with that methodology.
Maintenance charges are the monthly expense that home owners in housing societies have to bear, for the maintenance of common facilities in the project.
Dear client,
As per the information provided, it seems that there is a dispute regarding the calculation of maintenance charges in your cooperative housing society. It is important to understand that the maintenance charges should be reasonable and proportionate to the facilities and amenities provided in the society.
In order to resolve this issue, the first step would be to check the bylaws of the cooperative housing society. The bylaws provide the framework for the functioning of the society and usually contain provisions regarding the calculation of maintenance charges. If the proposed calculation of maintenance charges is in contravention of the bylaws, it cannot be accepted.
However, if the proposed calculation is in compliance with the bylaws, it can be considered. In such a case, the society may need to convene a general body meeting and pass a resolution to amend the bylaws to allow for the proposed calculation.
It is also important to ensure that the views and opinions of all members of the society are taken into consideration and a fair and transparent decision is arrived at. If there are concerns regarding the representation of some buildings in the committee, it may be necessary to reconstitute the committee to ensure equal representation.
If the issue remains unresolved despite the above steps, the aggrieved members may approach the Registrar of Cooperative Societies or the Cooperative Court for redressal of their grievances.
In summary, the resolution of the dispute regarding the calculation of maintenance charges in your cooperative housing society requires a careful consideration of the bylaws, a fair representation of all members, and a transparent decision-making process.
