We have 2 blocks in our apartment complex, with a total of 100 Flats. My issue is on the payment of Monthly Maintenance Charges. The utilities and facilities are for common use and are enjoyed equally by all the 100 owners. These comprise of Security agency charges, Common Housekeeping and cleaning expenses, use of lifts, common electricity, water, and DG set which is used only for the utilities like common lighting and lifts. The Flats area varies from 1010 sft to 1475 sft. To start, three different slabs were fixed grouping come areas for payment of these monthly maintenance charges. My query is, when all these common facilities and utilities are enjoyed equally, the total expenses should also be shared equally by all the 100 owners and should not be on the basis of sft grouping formula. Please advice me on this so that I can take up with the Association and other owners. It will not be feasible to take a vote from residents since the number of owners paying in the least tariff slab are more. Please guide. Our apartment complex is in Bangalore.Thanks and regards. Ramesh
Bombay high court judgment, which held that maintenance charges shall have to be equal amongst all members irrespect . of their carpet area or number of bedrooms. The same shall not be levied on the basis of per sqft.
Bombay High Court
Sunanda Janardan Rangnekar vs Rahul Apartment No. 11 ... on 10 August, 2005
Equivalent citations: 2006 (1) MhLj 734
Author: D Karnik
Bench: D Karnik
JUDGMENT D.G. Karnik, J.
1. By this petition, the petitioner challenges the judgment and order passed by the Divisional Joint Registrar, Bombay on 7th December, 2004 dismissing the revision.
2. The respondent No. 1 is a co-operative housing society (for short 'the society') having 29 members. There are 28 residential flats which are allotted to 28 members and one shop is allotted to the petitioner. The area of the flats varies between 479 sq.ft and 657 sq.ft. The area of the shop premises in occupation of the petitioner is about 160 sq.ft. i.e. to say that the petitioner's shop is smaller than the smallest flat in the building of the respondent No. 1 society. It appears that the society recovers from the members property tax, payable to the municipal authorities at the rate of Rs. 30.81 per sq.ft per annum of the area of the flat/shop. In addition thereto, the Society also levies and recovers from the members amount by way of society charges/maintenance at a flat rate of Rs. 8,000/- per annum (Rs. 2,000/- per quarter per flat). The society sought to recover from the petitioner society charges/maintenance at the rate of Rs. 32,000/-per annum (Rs. 8,000/- per quarter) for the shop occupied by him. According to the petitioner, this was illegal inasmuch as while only Rs. 8,000/-per annum were charged to the members occupying the residential flats Rs. 32,000/- per annum were sought to be recovered from her by way of society charges/maintenance which was highly discriminatory. As the petitioner's grievance was not addressed to she stopped making payment to the society. The society thereafter made an application for recovery of arrears of the dues with interest from the petitioner to the Asstt. Registrar of Co-operative Societies under Section 101 of the Maharashtra Co-operative Societies Act, 1961(for short 'the Act'). The petitioner opposed the said application contending that the payment was withheld on account of excessive demand. She also contended that was liable to pay to interest. On 23rd December 2002, the Asstt. Registrar issued a certificate of recovery in favour of the respondent No. 1 society in the amount claimed by it. Aggrieved petitioner challenged the recovery certificate by filing a revision before the Divisional Joint Registrar. By an order dated 7th December, 2004, the Divisional Joint Registrar dismissed the revision application. That order is impugned in this petition.
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