Apartment maintenance charges
8 months ago
I'm living in an apartment & according to the sale deed we need to pay maintenance charges only once apartment owners association is formed. We haven't yet formed association.But as the developer was denying certain services eg. Lift we're forced to pay maintenance to the developer. Is there any scope of getting back the maintenance charges we have paid so far? developer also had collected 150000 as miscellaneous charges & it was told it'll be transferred to owners association fund once association is formed. But now they're only willing to pay 50000 towards association fund. Is there any scope of getting that back?
A.Dear Client,
Till an Association is formed by the apartment owners of a housing complex following the provision of the relevant Act, responsibility for maintenance of apartments lies with the Builder/Developer and according to the charge estimated by them following the uniform practices in vogue for maintenance and collects the same from the apartment owners. A portion of said maintenance charge is kept for a contingency fund or reserved fund to meet any kind of exigencies or emergencies for providing interrupted service of agreed facilities. In the Deed of Conveyance, the maintenance charge is defined and clarified declaring therein that on the formation of an association by apartment owners, the reserve fund or contingency fund as appears in the audited Balance Sheet and P & L Act of the Builder shall be handed over to the Association along with entire responsibility of maintenance of the apartments which will be carried on by RWA following the Byelaws of the Association. Now if the RWA observes any anomaly or discrepancy in the matter, Governing Body of the Association can escalate the same to the Builder/Developer failing which matter may be represented before the competent authority, i.e, Registrar of Association or the RERA, if the housing project is registered under RERA.
Till an Association is formed by the apartment owners of a housing complex following the provision of the relevant Act, responsibility for maintenance of apartments lies with the Builder/Developer and according to the charge estimated by them following the uniform practices in vogue for maintenance and collects the same from the apartment owners. A portion of said maintenance charge is kept for a contingency fund or reserved fund to meet any kind of exigencies or emergencies for providing interrupted service of agreed facilities. In the Deed of Conveyance, the maintenance charge is defined and clarified declaring therein that on the formation of an association by apartment owners, the reserve fund or contingency fund as appears in the audited Balance Sheet and P & L Act of the Builder shall be handed over to the Association along with entire responsibility of maintenance of the apartments which will be carried on by RWA following the Byelaws of the Association. Now if the RWA observes any anomaly or discrepancy in the matter, Governing Body of the Association can escalate the same to the Builder/Developer failing which matter may be represented before the competent authority, i.e, Registrar of Association or the RERA, if the housing project is registered under RERA.
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A.Dear client,
Maintenance charges cannot be an income for the builder
The builder cannot transfer the proceeds or maintenance charges received from allottees to his company’s account, because such money received for maintenance is not his income in any way. The logic behind it, is that a builder is only a facilitator for a limited amount of time and the onus of taking up the responsibility of maintenance of the flat and its premises is on the residents’ welfare association (RWA).
Maintenance charges cannot be an income for the builder
The builder cannot transfer the proceeds or maintenance charges received from allottees to his company’s account, because such money received for maintenance is not his income in any way. The logic behind it, is that a builder is only a facilitator for a limited amount of time and the onus of taking up the responsibility of maintenance of the flat and its premises is on the residents’ welfare association (RWA).
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A.Dear Sir,
You must fight collectively and individually you cannot fight. In the meanwhile try to get association registered and fight through such registered body.
You must fight collectively and individually you cannot fight. In the meanwhile try to get association registered and fight through such registered body.
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