We have formed an association for a Gated Villa Community in Bangalore (Anekal Taluk), taking over from the builder. Maintenance costs, including fixed and variable components based on square footage, have been established. However, discrepancies in measurements exist between the Khata and Construction agreements, both being legal documents. Additionally, unauthorized room additions have occurred. Legal guidance is sought to ensure precise measurements for equitable charges, considering potential future implications. We also seek clarification on legally binding criteria for calculating variable costs based on square footage, seeking guidance on established guidelines or generally accepted practices. Your valuable advice is appreciated.
Please advise if any legal issues need to be taken care. How to approch people who have built additional rooms without upsetting anyone.
You have to go by area mentioned in registered sale deed
2) sale deed confers title to property
3) entry in revenue records is only for payment of property taxes .hence fir maintenance consider only sale deed
4) any unauthorised alterations made should not be considered for determine maintenance
5) maintenance shoukd be equal for all flats irrespective of size of flat
6) property taxes , insurance charges depend upon size of flat .
7) water charges depend upon number of inlets in flats
If any unauthorised alterations are made complain to muncipal corporation
they would demolish alterations made
construction has to be only as per sanctioned plans
If any unauthorised alterations are made complain to muncipal corporation
they would demolish alterations made
construction has to be only as per sanctioned plans
Maintenance actually is calculated by dividing total expenses from no of members but in many cases nowadays it is charged as per sq ft area
Ideally, maintenance costs are charged per square meter of the unit or apartment.
Fees for services such as cleaning, garbage collection, use of equipment, repair and maintenance of common facilities such as elevators are shared equally among all unit residents.
However, utility costs (water and electricity) are billed according to individual usage.
But the law doesn’t concern itself with the issues of fair levying of charges as per the size of the residence and the utility of services.
However, since the co-operative is a collaborative effort, every resident’s grievance or discomfort is duly noted and rightly resolved by the use of different calculation systems.
A few of them are given below: charges based on per square feet equal fee Hybrid fee; The charges can be categorically divided as shown below:
Service charges, parking charges, non occupancy charges, sinking fund, property tax, insurance charges, lease/rent charges,
Other charges as decided by the governing body of the society as and when needed.
As far as any illegal constructions have been done by certain owners, which is in violation of the approved plans, then the local civic body will take action to demolish them.
Then the owners can apply for regularization, if there is any scheme existing at tht time
Dear client,
The precision of property measures is emphasized in Section 17 of the Registration Act. Hire a surveyor to update records and resolve discrepancies. The Karnataka Town and Country Planning Act is one Indian statute that may offer guidelines on standardizing measurements. Unauthorized additions to rooms present legal issues. Be considerate when approaching impacted parties and stress the importance of following community and legal requirements. Apply the sanctions for non-compliance specified in the association's bylaws. Use the Karnataka Apartment Ownership Act as legal support if necessary. To maintain openness in cost computations, refer to the Real Estate (Regulation and Development) Act and the association's rules for variable costs. Make it a priority to communicate openly, outlining the necessity of compliance without creating needless agitation. Call in a mediator if disputes emerge.
Hope this helps you.
Hi, Criteria for calculating maintenance on square feet basis measurement of the site on the Sale Deed. It is difficult to calculate square feet on the basis of the built up area as Independent villa each owner will construct different size and it is difficult to calculate.
- As per rule, the popular methods to calculate the maintenance fee for the association is
1. Equal Fee for All, but it is common in the association , where all the villas 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 the Villa 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 villa .
3. Partially Equal Fee i.e. 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 association.
4.Hybrid Charges , i.e. Splitting the charges into two with the first part including all the common expenses incurred on 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 association such as water charge and electricity usage.
- Further , if you don't want to create problem for the owner who has constructed the additional rooms , then the association can charge extra amount from them after passing a resolution in GBM for the same.
- However, the association has right to take legal action against them .
