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Maintenance in case of delay in construction by Builder
04-Sep-2023 (In Property Law)
Hi,
I'm one of the owners of a flat in a gated community of 223 flats in Hyderabad.Builder was supposed to complete the project by August 2016 including grace period of 6 months.He took maintenance of Rs. 2/- per sqft from flat owners towards maintenance till August.
However,Project has not yet completed,Lot of things are yet to be done and it seems that may take another 3-4 months.
He is asking for maintenance again.We told him that you took more than grace period and rather you should pay us penalty now.
What action can be taken.Should we pay him maintenance or should he pay us penalty ?
Hi
Any maintenance fee in a gated community will comprise of two elements.
a) Necessities: electricity charges, water, Security and Waste management &
b) Ancillaries : Support staff involved in cleaning of lifts, premises, maintenance of club house etc .
As a flat owner, you are liable to pay for maintenance for provision of necessities right from the day you come in to possession of your building.
With reference to second element the builder has to bear the costs till such time these are handed over to the association.
You should first issue notices to the builder on delayed construction and ask him to handover the entire gated community along with amenities to your association.
Once the association has taken possession of the common facilities,then only the flat owners are liable to pay for these items.
Till such time the common facilities are handed over to residents, it is the builder's responsibility to provide the ancillary services to the residents at his cost.
Any maintenance fee in a gated community will comprise of two elements.
a) Necessities: electricity charges, water, Security and Waste management &
b) Ancillaries : Support staff involved in cleaning of lifts, premises, maintenance of club house etc .
As a flat owner, you are liable to pay for maintenance for provision of necessities right from the day you come in to possession of your building.
With reference to second element the builder has to bear the costs till such time these are handed over to the association.
You should first issue notices to the builder on delayed construction and ask him to handover the entire gated community along with amenities to your association.
Once the association has taken possession of the common facilities,then only the flat owners are liable to pay for these items.
Till such time the common facilities are handed over to residents, it is the builder's responsibility to provide the ancillary services to the residents at his cost.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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