Legal proceedings for maintenance charges
I stay in a villa gated community (Sarjapur, Bangalore) which has 163 villas with varying sizes of 1200 sqft (Land area)/1600 builtup area to 2000 sqft (Land area)/3000 sqft builtup area. 1200sqft wanted maintenance fees based on the BUA square ft (Method A) ex.
Rs2 per sqft.
Which translates to Rs 2400 to 6000
There is a huge difference of 3600 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 Rs3600 per month is not justified as the maintenance is for common areas and not for the inside the villas.
Based on the methods 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 villa sizes 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 websites.
The expenses which can be shared equally with respect to our villa's are
1. Security (common for all)
2. House keeping (common for all)
3. Power Generator (common for all)
4. Amenities (common for all)
5. Common electricity (common for all)
Expenses which cannot be shared equally.
6. Water consumption (can be measured by installing meters in all the villas)
7. STP maintenance based on water consumption (30% of water consumption)
Though Big size villas wanted to go for fixed model where total maintenance charges will be divided equally to all villas, still agrees that this Method B gives fair way of calculating maintenance but small size villas raised concern as they have to pay more compare to BUA.
Since majority of the villas are big sizes they wanted to implement Method B but small size villas wanted to go for legal procedure and wanted BUA and the justification given is its commonly used method.
Multiple discussions happed on this but have not given results. Voting conducted on maintenance model where 65% participated and Method B got majority but small villa's not agreeing and boycott voting.
Paying the extra amount on monthly basis forever is unreasonable as per big villas.
So question here is if any way this can solve this in a legal way.
Court will implement which method if it goes legal?
If not, Is there any way we can come out of this association and form our independent small/big villa association?
Some extra facts
The builder has not formed the association. Few of the owners who were free or had the interest stepped in and formed the association with election where 90% villas participated.
Though Association registered but villa 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