Legal Corner » Add new tag http://legalcorner.atoneplace.com Free Legal Discussion from atOnePlace.com Legal Experts on Indian Real Estate, Taxation, Repatriation, NRI Issues, Mortgage for Indian Properties Mon, 28 Nov 2011 08:44:27 +0000 en hourly 1 http://wordpress.org/?v=3.0.1 Is there any Government Rule written regarding the collection of maintenance charges from flat owners? http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/indian-property-are-the-real-estate-projects-constructed-in-india/is-there-any-government-rule-written-regarding-the-collection-of-maintenance-charges-from-flat-owners/?utm_source=rss&utm_medium=rss&utm_campaign=is-there-any-government-rule-written-regarding-the-collection-of-maintenance-charges-from-flat-owners http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/indian-property-are-the-real-estate-projects-constructed-in-india/is-there-any-government-rule-written-regarding-the-collection-of-maintenance-charges-from-flat-owners/#comments Tue, 30 Jun 2009 10:45:06 +0000 atoneplace http://legalcorner.atoneplace.com/?p=1059 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
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.
Vatsala
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