Maintenance should be equal to all flat owners irrespective of size of flats
check the bye laws adopted your society
Maintenance to be recovered would be as per bye laws
Society maintenance charges
I have bought a 4bhk unit of 2140 sqft saleable area in a 12 acre gated community in chennai. There are 12 blocks with 2bhks, 3bhk+2T and 3 bhk +3T within the community and 2 club houses with lots of amenities and commercial complex and also an OSR which was gifted to local panchayat. 6 months ago, an association was formed for the maintenance of the community and they started charging all maintenance charges on sqft basis to each unit. We few residents of higher sqft units gave a petition to review the maintenance charge model and charge on hybrid basis where maintenance of common area can be charged on sqft basis and maintenance of amenities and facilities can be charged equally or basis usage by each unit. However majority did not agree with this as there are only few higher sqft units and more of lower sqft units. Is this is right to charge on sqft basis for all maintenance charges or can this be contested in court as the majority doesn't support hybrid billing. The maintenance charge of OSR is also charged on sqft basis whereas everyone have access to use the facility within it... Please advise with context applicable to Tamilnadu state laws
Asked 11 months ago in Property Law
Religion: Christian
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7 Answers
Hybrid billing is practically not possible. A flat area is described on the basis of super area and super area is inclusive of common area so maintenance on the basis of super area is more suitable and is also practical and is convenient also. Decision in this regard be taken by majority of flat owners and court donot interfere in such internal issue of society.
The only provision governing payment of maintenance charges is found in TN Apartment Ownership Act, which states that common expenses shall be charged based on undivided interest in land. If your association is registered and governed by its bye-laws, you can make a representation in the EGM/AGM.
As per Tamilnadu apartment ownership act 1994 (act VII of 1995) Chapter V point 19.1, clearly says that maintenance should be levied on per sqft basis.
The actual cost of maintenance of the entire building along with the amenities and facilities provided therein has to be borne by the occupants. As per the provisions of the Tamil Nadu Apartment Ownership Act, the maintenance charges have to be levied based on the undivided share of land allotted to the owners of each apartment. the bye-laws of the Association and resolutions approved in the general body will govern the common area maintenance.
The basic concept is that the common chargers are equally divided is the basic fact. But the square feet formula is very common. In actual parlance the common area charges are the eually divided and not in sq ft
1. Maintenance of common are has to be charged on sq. feet basis. 2. maintenance of facilities and amenities has also to be charged on sq. feet basis to be justifiable.
You can file case against society in the TN state cooperative housing sub registrar of your area to charge according to hybrid maintenance charges.
Dear client,
The Tamil Nadu Apartment Ownership Act, 1994 provides for the formation of an association of owners, which is responsible for the maintenance, repair, and upkeep of common areas and facilities. Section 7 of the Act provides that every owner shall pay to the association his share of the common expenses.
With respect to the maintenance charges, it is up to the association to determine the method of calculating the charges. The Act does not prescribe any particular method of calculation. However, the association must follow the bye-laws of the society which must be in conformity with the Act.
In your case, if the bye-laws of the association provide for the calculation of maintenance charges on a sqft basis, then the association can charge the maintenance charges on that basis. However, if the bye-laws allow for a hybrid basis, then the association should follow that. If there are no bye-laws or if they are silent on the matter, then the association should hold a general meeting and pass a resolution for the method of calculation of maintenance charges.
If you are not satisfied with the method of calculation of maintenance charges, you can approach the Registrar of Societies under whose jurisdiction the association falls, and file a complaint against the association for not following the bye-laws or the provisions of the Act. You can also approach the civil court and file a suit for a declaration that the method of calculation of maintenance charges adopted by the association is illegal and for a direction to the association to adopt a fair and equitable method of calculation.
Regarding the maintenance charges of the OSR, it is reasonable to charge on a sqft basis if all the owners have access to the facility. However, the charges for the usage of the facility should be on an actual usage basis, and not on a sqft basis.
