How to stop the unfair practice of flat charges in apartments
We have 65 Flats with various sizes from 1000-1800sq.ft and majority is 3BHK (1500-1800)... so the majority is not allowing & never allows the association/AGM to have a FAIR & rational approach to maintenance. Some of the owners are having other Flats elsewhere and they are OK with Sq.Ft maintenance there as they are having small sizes there!!!?
Can I approach an appropriate court to issue a Judgement to help people realise the matter across the nation by filing a writ/SLP/review petition?
I have a simple question to prove the above statement wrong. I would purchase SIX small flats and make them into one BIG UNIT and will pay maintenance charges for ONE UNIT. Is it acceptable? Will the Any/High/Supreme court will consider this as a point of view?
1. Common Area Maintenance - Size of common area is not same.
A) Common Area of facilities like parking+gym+swm pool may be same and as every flat owner might have paid a FIXED amount towards availing them.. it is reasonable to have an equal maintenance for that part.
B) Common Area for all other floors can not be same as plinth=carpet+common area. 1000 sq ft flat will have 800:200 where as 1800 sq.ft will have 1300:500. Hence the facility availed is not same (it is only a perception from large flat owners but not true). Therefore the Man-hours or the material used or the related watchmen salaries can not be equal for FLOOR maintenance/house keeping.
2. Power Backup: We have a Genset in common. Usage is not the same & will vary per SqFt.
3. Car Parking remains the same size for each flat size- ref to point no:1 A
4. Water & Lift charges are divided equally. Negligible difference in water cost/ related power cost due to difference in number of ppl stay in a flat. Hence it can be equal to all.
5. Manager or House Keeping: Ref: point 1 B.
6. Security Services – Will not remain same. If all Flats are of Equal BIG size you will have less number of flats and the cost per flat will be more for the same security services. If all Flats are of equal SMALL size cost per flat will be damn low. (ppl tend to perceive it as a "fixed cost" and make it equal for all.. but actually the so called "fixed cost" shall vary on Sq Ft basis)
7. Garden Maintenance – can be equal per flat size.
8. Children Play area, gym and Swimming pool – may be owned by all equally. But usage may not be same. Hence nominal charges on per hour or per head basis will take care of that part.
Hence, there will be a little common equal maintenance in all apartments and MAJOR portion of maintenance shall be on Sq. Ft basis.
May I get some advice or help in this regard? Suggestions please.