Is there any Government Rule written regarding the collection of maintenance charges from flat owners?
Question asked by Mr. Surya Gopan :
HI, I would like to know the rules about apartment monthly maintenance charge. Is there are a govt rule written in how the maintenance charge need to be collected/divide from flat owners? In my apartment there are 2 and 4 BRs Flats. The association is trying to divide the maintenance charge equally to all flat owners not depends on sq. ft. area. The 4BR flat area is double that of 2 BR and same maintenance charge? is that legal?
The majority is of 4BRs; and 2BRs owners are forced to pay the same amount.
Can you please tell, is that legal to do the above way?
If not, how to process for legal help on this?
Regards,
Surya Gopan
The majority is of 4BRs; and 2BRs owners are forced to pay the same amount.
Can you please tell, is that legal to do the above way?
If not, how to process for legal help on this?
Regards,
Surya Gopan
Vatsala Answers:
The method and quantum of maintenance charges are governed by the bye laws and not the act. It is an internal matter and checks and balances are provided in the Annual General Body meetings. Any arbitrary rule or illegal rule or rule imposed against the will of the majority can be challenged and set aside. The model byelaws appended to the Karnataka Apartment Ownership Act suggest that the maintenance charges are to be collected on a sq. ft. basis, but that can be either followed or modified and it is only a sample.
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August 16th, 2010 at 6:34 PM
The model rules under the act may be of a reccomendatory nature, but section 10 of the act clearly states that costs should be distributed as per the UDI. That seems to suggest that it is no longer an “internal matter” All this ofcourse only if the complex is registerd under the apartment ownership act