• Maintenance charges

I m living in apartment where there are 36 one bhk 24 3 bhk and rest 2 bhk of different sizes total 165 flats RWA is charging sq ft due to which maintenance is too high for my 3 bhk what are the rules according to Rajasthan government
Asked 6 months ago in Consumer Law

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9 Answers

Check the bye laws adopted by your society 

 

it would provide maintenance to be payable by each member whether it should be equal for all members or on square feet basis 

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

Maintenance charges are chargeable according to three methods -:

1. Per Square ft- In this method maintenance is chargeable per sq ft . For Eg Apartment A's 2 BHK per sqft., is equal to 1 Sq ft - Rs. 2, So 1360 Sq ft., is equal = Rs- 2720

2. Equal charges- In this method maintenance is charged equally for all the residents. For eg: Maintenance in Y apartment is based on  25000/ 50 = Rs. 5000 for both 2bhk and 3 bhk apartments 

 

3. Hybrid - Combination of both. For eg: 

Criteria for Charging Maintenance by Hybrid method

Type of maintenance charge

Applicability

Expenses on maintenance and repair of the building

0.75 percent p.a. of the construction cost of each apartment

Water charges and Property tax

Number of water inlets or Actual consumption of each apartment

Parking charges

By no. of parking slots of each resident

Non-occupancy charges

For apartments that are rented, calculated at 10 percent of service charges

Sinking fund

Minimum of 0.25 percent p.a. of the construction cost of each apartment

Expenses on maintenance and repair of elevators

Equally divided among the apartments

Service charges (security, electricity for common areas, etc.)

Equally divided among the apartments

Sanmathi S. Rao
Advocate, Bengaluru
44 Answers

5.0 on 5.0

Maintenance should be equal for all members irrespective of size of flat 

 

2) water charges depend upon number of inlets in your flat 

 

3) insurance charges vary as per size of flat 

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

 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. 

Mohammed Shahzad
Advocate, Delhi
13377 Answers
199 Consultations

5.0 on 5.0

The basic rule is equal sharing for the common facilities 

Prashant Nayak
Advocate, Mumbai
32093 Answers
183 Consultations

4.1 on 5.0

Dear client,

In India, the rules and regulations regarding apartment maintenance charges can vary based on state laws and the terms laid out in the Apartment Owners' Association or Resident Welfare Association (RWA) bylaws. In Rajasthan, the RWA usually frames its bylaws based on the Rajasthan Apartment Ownership Act, 1983. As per this Act, maintenance charges are usually calculated based on the unit's size or the square footage area. However, the specific method for calculating these charges can be decided by the RWA, as long as it is reasonable, fair, and in accordance with the law. In many cases, RWAs might opt for a 'per square foot' method for calculating maintenance charges. This method considers the size of the unit and charges accordingly. However, it's essential that this method is applied consistently and fairly across all units.

If you believe that the maintenance charges for your 3 BHK unit are disproportionately higher compared to the amenities and services being provided compared to the 1 BHK units, you can check the bylaws of the RWA or apartment association to understand how maintenance charges are calculated. It should be clearly mentioned in these documents. Initiate a conversation with the RWA office-bearers or management committee to understand how they arrived at the maintenance charges. They might provide clarity on the rationale behind the charges. Participate actively in RWA meetings where such matters are discussed. Voice your concerns and try to build a consensus among the residents for a fairer maintenance charge system. You can reach out to us for further assistance

Anik Miu
Advocate, Bangalore
9028 Answers
110 Consultations

4.7 on 5.0

The association can fix the maintenance charges as per the bylaws in this regard which was decided by a resolution in an annual general body meeting.

The decision taken by the general body should have been objected then instead of raising it now.

The association will go by the majority and cannot change their decision due to very dissatisfied members.

 

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

The maintenance charges for common areas can be uniform to all the members, but the utility maintenance charges may differ considering the size of the flat.

 

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

Per Square Feet Charge is unfair to owners of larger apartments. Other way out is Equal Maintenance Fee. Up to society to decide.

Yogendra Singh Rajawat
Advocate, Jaipur
22671 Answers
31 Consultations

4.4 on 5.0

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