I have a Villa that is 4800 Sq Ft in Chandapura, Bengaluru. There are over 180 Villas and most a rebuilt on 30/40 Plots while mine is a 60/40. There are only 5 Villas which are big in size. The Maintenance that I paid was 5900 per month but now since Jan they have raised it to 15000 per month based on the overall Sq Ft. The association did a poll and majority chose the Sq Ft Model as their Villas are small. With just 5 large villas there was no way to reach a majority to draw in our favour. Also the Association did not want to register with GST as it is complex decided to raise the Maintenace as two invoices. The monthly Invoice was kept to 7499/- per month and end of the QTR they have raised a Invoice as Differential amount for the QTR that is a whopping 18 K for the QTR. I need your advice on what is the best option for me to seek legal help for Equal Maintenace?
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Is your association registered under provisions of cooperative societies act
2) what are provisions of bye laws adopted by society
3) maintenance would be as per provisions of bye laws adopted by association
4) generally it should be equal irrespective of size of villa
5) property taxes ,insurance ,water charges would be as per area of villa
Area occupied by you is bigger, maintenance is charged per sq. ft. Bigger area cannot be equated with smaller area for calculation of maintenance.
The maintenance charge as per most of the Apartment ownership Act is determined by area of sq ft than any other mode.
Therefore, apparently there is no anomaly in the procedure adopted by the association in raising the Bills.
If you inform the illegalities they are adopting then further advice can be given
- The calculation of the maintenance charges varies from society to society and not fixed rule.
- As per the Supreme Court , Society Maintenance charges have provisioned rules to safeguard the rights of homeowners.
- However, RWA has no legal authority, to issue moral, ethical and social diktats to its residents.
- Further, Society by law and resolutions must be limited to the mandate of governing the society’s affairs and nothing more.
- Hence, you can lodge your complaint before the management of the society on the ground of earlier paid equal maintenance charges
- If refused then you can file a complaint before the Registrar.
The bylaws of the association is to be perused for knowing the law and decision of association in this regard.
If the bylaws were ammended by a resolution supported by majority members then the bylaws is applicable to all the members and no one can claim exemption.
Even if you approach the registrar of cooperative society you may not get any relief.
The common expenses in society should be shared equally. Maintenance is not dependent solely area it’s the total area and total expemses
1. If you think that due to brute majority of 30/40 land holders, you 5 persons are being over charged, then you can form a separate association to maintain yourselves separately, if it suits you.
2. It will be difficult for you to get any Court Order directing the Association to collect maintenance amount at par with the 30/40 plot holders.
Dear Sir/madam,
you may submit the complaint with registrar of the society citing the decision of enhancing the maintenancne as arbitrary.
Dear Client,
Unfair Discrimination: Charging maintenance by sq. ft. disproportionately imposes costs on owners of bigger plots, contravening principles of fairness under Section 11 of the Karnataka Apartment Ownership Act, 1972, which allows for reasonable and uniform apportionment of common expenses.
Illegal Billing Practice: Fragmenting bills to escape GST registration (threshold ₹20 lakh) could be tax evasion, subjecting the developer to penalties under the CGST Act, 2017.
Lack of Due Representation: Decisions which impact rights of minority villa owners without having a fair say may be challenged for opaque functioning of the association.
Legal Remedy: Complain to the Consumer Disputes Redressal Commission against unfair trade practice or go to the Registrar of Societies if the association is registered.
Hope this helps you; if you still have any clarifications or issues, do not hesitate to ask.
