Maintenance charge based on the super built-up area
3 years ago
I own a flat in an apartment in Varanasi where the Society is registered under The Society Registration act, 1860. The bylaws of the society as registered clearly mentions Rs. 65000/- as fees for Life Time Members, which is same for all members and this fund shall be utilized in meeting the long term maintenance of the society. The Management committee nominated by the builder is collecting the maintenance charge based on the super built-up area of each flats for maintenance of common facilities and amenities. All common facilities and amenities are unrestricted, freely and equally available and usable by all the residents, without any discrimination of the size of the flats. Under this condition, is it justified and legally correct for the Management committee to collect the maintenance charge on the basis of the super built-up area of the flats? Is it legally justified to discriminate the flat owners on basis of the size of the flat they own, while providing no extra amenities/facilities to flats based on the size of the flats? Please guide me.
You may raise your objection in annual general body meeting or approach concerned registration authority.
Please give me RANK FIVE {5} if my answer satisfies you.
sanjay panda
Responded 3 years ago
Maintainance charge is fixed by common decision taken by society/majority members accent . There may be many grounds while considering charges though there may be some owners who does not staying always, different age persons accessing services as per their requirement where charges paid for all but not used all facilities like wise.
However your concern is right but before addressing this issue you need to find out the alternate best method to fix charges justifiably.
changes happened in course of time when challenged and objected. If you want to challenge this you can send notice and put this issue before consumer court to adjudicate .
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