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Is it legal compulsion for monthly maintenance payment for flat?


29-Oct-2023 (In Civil Law)
Dear sir, I live in a flat in an unregistered building/ apartment since 8 yrs. My flat has been registered but the building committee is not registered yet. So far I have been paying the monthly flat maintenance fee as a fixed amount and it is applicable irrespective to all size of flats. At present , conception of charging monthly maintenance as per the size/sqft , instead of fixed amount, is under discussion/ consideration. I want know if there is any legal compulsion/ binding to pay the monthly flat maintenance fee as per the size/ sqft of a flat.
Answers (3)

Answer #1
676 votes
Sir
You are a member of an unregistered housing society, you are living there as a member of the building.
Though the society is unregistered and the committee of the society is by and among the residents of the building and the decision taken by the majority of the resident for the better administering of the building. And the maintenance charge has been mutually settled by you all members (present or past) unanimously for the better maintaining of the building, so it is suggested not to take up the law for the purpose of payment of maintenance charges.
Thanks
Answer #2
696 votes
In which State do you stay? Monthly maintenance fee various from State to State as it is a subject matter of State legislation. Generally monthly maintenance is paid as per the resolution passed by the Committee which is either a Fixed amount or based on size/sq ft. Generally the 1st option is preferred in most of the cases.
Thanks.
Answer #3
617 votes
Dear client,
As per the details given by you I would like to say ,if your deed of sale defines and compels you to pay monthly maintenance then you are liable to pay and as far as unregistered association is concerned they may not file a case on behalf of the association but the owners as a whole

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