• Legal procedings for apartment maintenance

We stay in an apartment which has over 250 flats  with varying sizes 1000 sqft 2bhk to 1900 sqft 3bhk.  Our association has imposed  maintenance fees based on the flat square ft (Method A)  ex.
Rs2 per sqft.
Which translates to rs 2000 to 3800
There is a huge difference of 1800 compared to the largest house to the smallest house. But the facilities  one gets is the same irrespective of the maintenance fees one pays. So the extra Rs1800 per month  is not justified  as the maintenance is for common areas and not for the inside the flats..

Based on themethods which are in practice as mentioned in many apartment websites.
There were proposals to have a new method (Method B) in  which a fixed base rate which includes the items which are common to all irrespective of the flat sizes or number of people living in flat.  And calculate the rest of the expenses which cannot be measured accurately  on sqft basis.
This is one of the methods which is in practice in recent time and also mentioned in the most popular apartment management services websits.

The expenses which can be shared equally with respect to our apartment are
1. Security (common for all)
2. House keeping (common for all)
3. Power Generator (common for all as the cut off     per house is same)
4. Amenities (common for all)
5. Common electricity (common for all)
6. Maintenance of lifts, generator and other equipments (common for all)

Expenses which cannot be shared equally.

7. Water consumption (can be measured by installing meters in all the blocks)
6.STP maintenance based on water consumption  can 

Though individually people agree that this Method B gives fair way of calculating maintenance but they are not allowing the association to implement this.

Since majority of the flats r smaller sizes they have implemented Method A. And the justification  given is its commonly used method.

A poll on this will not help because majority (65%)are 2 bhks or smaller sizes.

As a matter of fact the number of bhks or size of the flats do not indicate the number of people staying in the individual flat. We have cases of more oeople staying in smaller flats than in the bigger ones.

Multiple discussions on this have not given results
Paying the unjustified extra amount on monthly basis forever is unreasonable.

Is there any way this can solve this in a legal way.
Can we fight this in court and put a stay on the Method A till we get Justice?
If not
Is there any way we can come out of this association and form our independent block association?

Some extra facts

The builder has not formed the association and he has left the place. Few of the owners who were free or had the interest stepped in and formed the association.

the flat owners have  not signed on any byelaws document or any other association joining forms etc

The registration done 
 under the Karnataka Societies Registration Act, 1960
Asked 2 years ago in Property Law from Bangalore, Karnataka
Religion: Hindu
Hi, Write a detail memorandum to the association and request the association to implement the plan B and sent the same through the RPAD.

2. If they fail to act on your request you have no other options you have to file suit against association and sought for deceleration that the way in which collecting the maintenance is not proper.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

1) maintenance should be equal for all members for the common amenities irrespective of area of flats 

2) it is only property taxes , water charges , insurance  that depend upon area of flat 

3) you can move consumer forum against association  for unfair trade practice , deficiency in service and seek orders to direct association to charge common maintenance charges 

4) in the alternative move court in this regard 
Ajay Sethi
Advocate, Mumbai
46822 Answers
2769 Consultations

5.0 on 5.0

Is there any way this can solve this in a legal way.

A. yes, you can file a writ before the high court if society is registered under Societies Registration Act, 1860 

article 14 will apply in this case because there is unreasonable classification. you are not availing double security or double water supply etc.  but you pay double the amount per month for those amenities. your case is maintainable.  
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

Method A seems to be unjust and arbitrary. The aggrieved members can take out appropriate proceedings before the court to challenge method A. The aggrieved owners can also form their separate association to pool maintenance charges on the basis of method B.
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

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