• Housing association flat maintenance on area basis

I am having a flat in maradu ernakulam kerala. thebuilder was charging 800 as maintenance for my 1 bhk flat and 1400 for 3 bhk.. the associataion took over and gradually changed to 2000 for every flat irrespective of flat area. 20 1bhk 1nd 29    2/3 bhk flats in building
complaints  were sent to collector ernakulam and   cms grievance cell. now to hon governor.
complaits bwere  sent by mail and regd post to secretary and president.
president has 15 flats 2/3 bhk  in his/ wifes   name allotted by builder for land given.
seven people have complained  but association  is ignoring under excuse s of byelaw and agm.
the maintenance should be as per area of flat. the committee members  are  using huge flats and passing on maintenence to  small flat owners

no registrar of hsg societies  in kerala like maharashtra to take action..
Asked 1 month ago in Property Law from ernakulam, Kerala
Religion: Christian
This is in breach of Article 14 of the Constitution.

This is also violative of the Kerala Apartments Ownership Act, 1983.

If your apartment Association is registered, approach the High Court; or else file a consumer Complaint before the District Consumer Forum.
Vibhanshu Srivastava
Advocate, Bangalore
5553 Answers
62 Consultations

5.0 on 5.0

The maintenance is equal for all members. The property tax varies from the area of the flat. You can Complaint to Dy. Registrar for the same.
Prashant Nayak
Advocate, Greater Mumbai
2005 Answers

4.8 on 5.0

1) what is the provisions in bye laws adopted by society 

2) is your association registered as cooperative housing society or under apartment ownership act of your state 

3) kindly clarify 
Ajay Sethi
Advocate, Mumbai
44438 Answers
2582 Consultations

5.0 on 5.0

Hello,

The Bombay HC has recently held that the maintainance is to be given equally irrespective of the area of flat since the common amenities are shared equally by all the members.

Therefore it is not illegal to collect equal maintainance from all the members.

Regards 
Anilesh Tewari
Advocate, New Delhi
8368 Answers
104 Consultations

5.0 on 5.0

Dear Client,

The housing society regulations don't have the same stature as that of a law.
If a tenant feels a housing society has not been fair, he can file a police complaint against it, claiming infringement of his rights as a citizen. The member, too, can take legal recourse, such as approaching the civil or the cooperative court. He can also appeal to the deputy registrar of housing societies concerning his grievances. 
In fact, there have been several cases, where the courts have ruled in favour of the owner and against the housing society.
Yogendra Singh Rajawat
Advocate, Jaipur
2416 Answers
1 Consultation

4.9 on 5.0

Dear Sir,

It is common sense each resident has to pay the same as per his occupation. The Karnataka has its own rules even then the associations/managements not following the same. Better you approach the High Court and get blank direction against all the associations/managements to be implemented by the concerned government department.
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http://apartmentadda.com/blog/2012/01/10/guide-to-maintenance-charge-calculation-in-apartments/
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Deciding on the Method of Calculating Maintenance Charges

Most debates centre around the decision of making the charges on the basis of sq.ft. of each Flat or on a uniform basis where every flat pays equal Society Charges.  This debate gets more pertinent in Societies with high variation in the area of the Flats.

There are a few popular methods of calculating maintenance charges. They are as follows:

A. Per Square Feet Charge:
This happens to be the method which is most used for calculating maintenance charges for housing societies. As a part of this method, a fixed rate is charged per square feet of area of an apartment.

Say, the per square feet maintenance charge for an apartment complex is Rs. 3.0 per sq feet per month. Therefore, if one owns an apartment of 1000 sq. ft, then the maintenance charge is Rs 3000 per month. And by the same calculation, a person owning an apartment of 2000 sq. ft would pay a maintenance charge of Rs. 6000 per month.
Kishan Dutt Kalaskar
Advocate, Bangalore
1740 Answers
16 Consultations

5.0 on 5.0

The chief ministers grievances cell cannot help you in this regard this is a matter to be addressed by the registrar of the societies are the exercise by the Welfare Association in this proportion to the size of the facts the common area maintenance charges are charged on the basis of area please flat not on the flat rates all the 20 Apartments holders should complain to the Registrar in writing to get the direction in this regard along with the malpractice by the RWA to have discriminatory policies and request for election/appointment of care taker.
Vimlesh Prasad Mishra
Advocate, Lucknow
1774 Answers
3 Consultations

4.9 on 5.0

1.  The Association /Society bye-laws would specify the mode of collection of the maintenance charges, as to whether it is "per unit wise" .OR.  "per square feet wise".   The bye-laws are binding / final for all legal purposes.

2.  In a AGM, the members can pass resolution to duly amend the bye-laws, to charge maintenance charges, "per unit wise" .OR.  "per square feet wise".   AND this shall be binding on all members.

Keep Smiling .... Hemant Agarwal
Hemant Agarwal
Advocate, Mumbai
276 Answers
1 Consultation

5.0 on 5.0

1) You can pay maintenance per sq ft wise and not flat wise irrespective of area. So you can give maintenance as per sq ft wise monthly
Ganesh Kadam
Advocate, Pune
1759 Answers
6 Consultations

4.9 on 5.0

If no registrar than approach Co operative society Court.
Yogendra Singh Rajawat
Advocate, Jaipur
2416 Answers
1 Consultation

4.9 on 5.0

You can file a complaint with the consumer forum of your district for the discriminating service by the association and also an injunction suit before the cooperative court.
In the injunction suit you can seek to restrain the association from charging the exorbitant amount as maintenance and to follow the bye laws or the guidelines in this regard considering the size of the flats each member owns.
T Kalaiselvan
Advocate, Vellore
34568 Answers
372 Consultations

5.0 on 5.0

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