I have purchased a flat at Vadodara-Gujarat and paid the full lifetime maintenance amount of Rs. 58,000/- before possession, almost two and half years before. A tenant was using the property and paid the monthly maintenance of Rs. 750/- fixed by society. But even after the property got vacant by tenant, the society is sending me notice to pay monthly maintenance irrespective whether I use the property or not. My query is very simple. If the property is vacant - No one is using it, that means I have not been using Lift, Electricity exp. for Bore well, common functions and celebrations on different occasion etc. Then am I liable to pay for all the operational expenses other than fixed AMCs of common assets? For fixed AMCs also, I have already paid 58,000/- as lifetime maintenance. Why the society is not using revenue generated from my fund to meet certain fixed and non operational exp.? Please guide and give me some reference to study so as can answer back to the society with appropriate legal reference. with regards, Jignesh Derasari
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1) it is immaterial whether you are using lift , water , electricity or not . you are liable to pay maintenance to society irrespective whether flat is vacant or not
2) if you have paid lifetime maintenance to society you would not be liable to pay maintenance to society
Dear Ajayji, I have understood that maintenance consists of two type of exp. 1.Maintenance of Assets etc. 2.Running Exp. like electricity bill for lift, for bore well (Water Supply) etc. As a owner of the vacant property, I can understand the liability to pay for exp. related to maintenance of assets. But do I also need to pay for running exp. of services which no one from my side have been using? in that sense, people living in society and keep on using lift and keep on using water etc. but electricity exp. are getting shared among all the members including people not using the facility at all. so, this way I am liable to pay for electricity bill for lifts, water supply etc. which are being used by others. Please guide. with regards, Jignesh Derasari
You are liable to pay running expenses of society like lift , water , electricity .
2) it is immaterial whether you use them or not
Yes, you have to pay the running bill too.
for example, if there is 20 flats in a society and 10 people are not residing there then why the 10 people will pay the cost for the maintaining the common things they are using the facilities only. suppose the remaining 10 people will not not ready to pay the amount as electricity bill, water bill then the department disconnect the connection of Electricity and water and if any owner of the flat who was not residing there willing to reside or willing to let out the property then can that owner will bear the total cost of the same or not?
so in the society it is the duty of all the owners of the property to pay maintenance as per the society bye-law or rules for maintaining the facilities for all.
suppose you are not ready to pay the share of running bill and facility was discontinue and you want to live there or want to let out the property then can you think that you informed to society that now i am residing here and from today i will pay the running bill so repair all things of continue the connection, is that possible?
remain you are much capable to understand the situation.
My query is very simple. If the property is vacant - No one is using it, that means I have not been using Lift, Electricity exp. for Bore well, common functions and celebrations on different occasion etc.
Then am I liable to pay for all the operational expenses other than fixed AMCs of common assets?
The maintenance charges are common for all whether they reside in it or not.
you are required to pay the same.
