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Flat maintenance charge laws in an apartment for the owner


26-Oct-2023 (In Civil Law)
Hi,this is Kumar from Kolkata, I m residing in a flat whose square feet is around 1200 square feet,which is on third floor,and the expenses of the apparent are common electric charges,common lift,and one maid for taking the waste,and there are flat as well which has 1185 square feet,800 square feet,700 square feet,and even one flat at 246 square feet on 3rd floor,so I suggested to give an equal amount for the common areas and other expenses,and for further future expense like repairs keep an extra deposits of 1000 yearly, but many of them are forcing for 0.50 square feet and now they are saying that they will take legal actions,so could you let me know that will I be able to take any legal action on them,or can defend myself as I have financial problems to give such a huge amount of maintenance monthly on basis of square feet ..please suggest me what steps should I take ?
Answers (1)

Answer #1
875 votes
Dear Client,
As per the details provided by you my suggestions would be that the charging of the maintenance totally depends upon the Constitution of your building Association and you agreed to the said Constitution at the time of execution of the Sale Deed in respect to the flats in your possession, so kindly go through the terms and conditions given in your Sale Deed.
The Association can go legally against you only if the Association is registered otherwise the suit will be bad in law.

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