Apartment association charging extra maintenance from tenanted flats

Question

Apartment association charging extra maintenance from tenanted flats

05-Jul-2023 (In Landlord/Tenant Law)

In our apartment, SLS Splendor, Bangalore, our association has put a new rule via GBM [with attendance of 46 people out of total strength 220 - As per by laws the attendance should be 1/3rd of 220] for the tenanted properties - Charged extra Rs.500/- p.m. on top of regular maintenance fees. We defended but they denied with another meeting by collecting signed consent of many owners [70 vs our attendance 30]. Our concern: This decision [Domination on minority] is partial and unfair. Could you please confirm if we file a case against it, can we win the case legally?

Answers (1)

Answer #1

Adv. Chikirsha Mohanty

Delhi | 200+ Answers

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LawRato LawRato · Accepted Answer · 2016-07-05T07:48:53+05:30

As per the recent Supreme court judgment the apartment association can charge extra 10% as non-occupancy charges from the flat owners who are not living in their flat or have given their flat on rent.

If the society is charging more than 10% non-occupancy charges then the following individual and alternative remedies are available:

Make a written complaint to the area Ward Registrar of Cooperatives and the society may be directed to refund the excess “non-occupancy charges” along with interest.