Maintenance cost share
5 months ago
Our apartment is 10years old and now external painting, few works are to be carried out. For these maintenance works we are facing some issues in between Our flat owners. Details of flats
Stilt floor : 6 carparks and 350sqft common room
1st floor : 1BHK, 2BHK and 3bhk
2nd floor : same as 1st Floor
1bhk 546sq.ft
2bhk 801sq.ft
3bhk 1046 Sq.ft
Earlier all of us accepted to pay equal share all works .Now 1bhk owner is not willing to pay equal share for the works.
Monthly maintenance is equal for all owners , whether occupied or not.
Currently we are facing this issue. How to resolve the issue, advise please.
A.Dear Client,
This is a common problem of standalone housing complexes having limited floors and apartments of different sizes. Until and unless the flat owners collectively form a society and get it registered under a state-specific Act, all these issues cannot be resolved. Once a society is formed and registered, following the provisions of the Bye-Laws of the Society, all these issues can be addressed and redressed failing which issues may be resolved by seeking the involvement of the Registering Authority of the Society.
This is a common problem of standalone housing complexes having limited floors and apartments of different sizes. Until and unless the flat owners collectively form a society and get it registered under a state-specific Act, all these issues cannot be resolved. Once a society is formed and registered, following the provisions of the Bye-Laws of the Society, all these issues can be addressed and redressed failing which issues may be resolved by seeking the involvement of the Registering Authority of the Society.
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A.Dear Client,
Firstly, check if your apartment complex has established rules or bylaws that govern maintenance and repairs. These documents may outline the responsibilities of each owner.
Further, send a legal notice to the 1BHK owner, reminding him of his obligations under the AOA and requesting him to pay his share of the maintenance expenses. The notice should specify the amount due and the deadline for payment.
Additionally, you may file a complaint with the Registrar
of Cooperative Societies: If the 1BHK owner fails to comply with the notice, the other flat owners can file a complaint with the Registrar of Cooperative Societies. The Registrar will then conduct an inquiry and issue an order directing the 1BHK owner to pay his share of the maintenance expenses.
You may also file a suit in the civil court. If the Registrar's order is not complied with, the other flat owners can file a suit in the civil court for recovery of the maintenance expenses. The court will then issue a decree directing the 1BHK owner to pay the outstanding amount.
Firstly, check if your apartment complex has established rules or bylaws that govern maintenance and repairs. These documents may outline the responsibilities of each owner.
Further, send a legal notice to the 1BHK owner, reminding him of his obligations under the AOA and requesting him to pay his share of the maintenance expenses. The notice should specify the amount due and the deadline for payment.
Additionally, you may file a complaint with the Registrar
of Cooperative Societies: If the 1BHK owner fails to comply with the notice, the other flat owners can file a complaint with the Registrar of Cooperative Societies. The Registrar will then conduct an inquiry and issue an order directing the 1BHK owner to pay his share of the maintenance expenses.
You may also file a suit in the civil court. If the Registrar's order is not complied with, the other flat owners can file a suit in the civil court for recovery of the maintenance expenses. The court will then issue a decree directing the 1BHK owner to pay the outstanding amount.
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