Mahesh Nair
in Civil Law
Asked September 19, 2017

Difference in maintenance of flat

  • 1 Answer
  • 306 Views

I have a flat in South Bopal, Ahmedabad, Gujarat(1880sqft)in a CHS where in there are 3 towers of 2000sqft 3 bhk flats however there is one tower where there are 4 bhk flats with an area of 3500 sqft where in they more number of rooms,servant quarter, additional parking etc. Till now the society was collecting maintenance charges on sqft multiplied by 1.5 and this was prevailing for last 3 years. The annual collection of the CHS exceeds 20Lacs PA so they called a meeting to suggest that let's make the maintenance charges common for all. The bigger houses benefit 2600/- pm and the smaller houses burdened with 440/- additional per month. The smaller house members have refused however now the members of the bigger houses have threatened that if they complain to the CHS Registrar then everyone will have to pay a higher uniform maintenance charges every month Seeking your advice and help for a clarity on this issue. Thanks &Kind Regards

Answer 1

There is no legislation in India setting a particular method of charging maintenance. States in India have different regulations for maintenance charge, though they do not specify any mandatory method to be followed. In a case involving Vipul Belmonte and its residents the Haryana State Registrar held that maintenance for common area should be charged as per the size of the flat as often larger flats with more number of people make more utilization of such common areas.[1]

If the big houses wish to challenge the method of charging maintenance in your flat then they may approach the Registrar for consideration. However, as there are no fixed methods of charging maintenance, you would not, in most probability, be compelled to adhere to their demands, which, as reflected from your statements, are not reasonable enough for such a direction.

[1] Report available at: http://m.dailyhunt.in/news/india/english/hindustan+times-epaper-httimes/common+area+charges+as+per+flat+s+size+registrar+tells+gurgaon+society-newsid-59591655

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