429+ Lawyers are online 
Apartment maintenance issue association forcing what should we do
09-Aug-2023 (In Civil Law)
We stay in an apartment which has over 110 flats with varying sizes 2bhk which are 80 and 30 3bhk flats of same size. Our association has imposed maintenance fees based on the flat square ft .But the facilities one gets is the same irrespective of the maintenance fees one pays. We have water meters for each flat we pay accordingly n electricity n property tax are paid separately by each flat owners.So the extra maintainence is not justified as the maintenance is for common areas and not for the inside the flats..they r not ready to discuss saying majority people have voted in favour of sqft maintenance. It's obvious sir 2bhk strength is more so they get more than 50%votes.They r threating to cut r basic supplies. Can we proceed legally. Is there any law which allows same maintenance should be collected for common areas as water electricity n property tax are paid separately by each flat. How can we proceed?
these rules usually governed by the laws framed by the society general body formed for its maintenance you can approach court of law under the said act and ask the society to provide basic necessities and you can move a motion in your favour if you got majority votes
Helpful?
43+
43+
Adv. Innamuri Balasubramanyam
Rajahmundry | 500+ Answers
CONTACT NOW
Hi
In general maintenance fees is levied for common areas, collection of garbage, security etc and in general there is a uniform maintenance fees for all 2 bhk apartments and uniform maintenance fees for all 3 bhk apartments.
it is improper to collect maintenance fees based on square feet of each flat , unless and until there is a value addition in services rendered to each flat depending on square feet.
flat owner's association is also a service provider and is liable to be sued in a consumer forum for deficiency of service and unfair trade practice. charging maintenance fees in excess of costs is also an unfair trade practice.
In general maintenance fees is levied for common areas, collection of garbage, security etc and in general there is a uniform maintenance fees for all 2 bhk apartments and uniform maintenance fees for all 3 bhk apartments.
it is improper to collect maintenance fees based on square feet of each flat , unless and until there is a value addition in services rendered to each flat depending on square feet.
flat owner's association is also a service provider and is liable to be sued in a consumer forum for deficiency of service and unfair trade practice. charging maintenance fees in excess of costs is also an unfair trade practice.
Helpful?
44+
44+
Adv. Rajagopalan
Hyderabad | 500+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Civil lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
