When can a builder start charging maintenance for an apartment?
My apartment complex is in Whitefield, Bangalore and has a total of 140 apartments in 2 blocks. The builder has handed over 70% of the flats and 30% of the flats have been occupied by now. The complex has electricity supply from BESCOM, water, lifts, security and common area cleaning provided as of now. But, the following are yet to be completed by the builder: (a) All amenities are pending - Swimming Pool, Party Hall, Gym, Children's play area (b) Required NOCs not received (c) OC & CC not received (d) Final coat of paining in all common areas pending
The builder had promised a delivery date of October 2015 with a grace period of 3 months, which ended in January 2016. Electricity was made available in April, 2016 after which owners started moving in due to practical necessity and the builder claiming that the complex is ready for occupation.
Now, the builder is asking the owners to start paying maintenance fee from May to cover day to day expenses like security, housekeeping staff, electricity in common areas, diesel etc. There is no clause of the builders maintaining the apartment for the first "x" months in the sale or construction agreement.
My question is whether the builder can demand maintenance fee for the items I have mentioned above, while the complex is not fully completed (mainly amenities remaining) and without OC/NOC being obtained.
I understand that we should not have occupied without getting an NOC, but there are practical issues like rent vs. load, notice given in existing apartment etc. that forced people to move in.
Appreciate your help with this.
Asked 8 years ago in Property Law
Religion: Other