Hi,
I am leaving in Pune. In our society there are two buildings with flats of different areas as 1 & 2 BHK. Builder took maintenance charges bases on area of flat from owner. Now, we are going to take handover of society from the builder and body members have assigned same maintenance for all (1 BHK and 2 BHK flats) and same reserve fund for all. But I believe there should be some less payable amount (grant) either in maintenance or in reserve fund amount for 1 BHK. Please let me know what should be the rules to calculate the maintenance and reserve fund amount where society have different size of flats (1 BHK and 2 BHK flats) ?
I visited many of societies where they all have different rules. (i.e., some has maintenance charges based on area of flat and same reserve or sinking fund payable amount for all, whereas some has same maintenance amount (per flat) and reserve fund based on area.). Please guide.
Thanks & regard,
Society Maintenance Charges
Dear Nitin,
Please refer the bye laws LEVY OF CHARGES OF THE SOCIETY Composition of the Charges of the Society.
Bye law no 67
67. The contribution to be collected from the members of
the Society, towards outgoing and establishment of its funds, referred to in these bye-laws as 'the charges' may be in relation to the following:
(i) Property Taxes, (ii) Water Charges, (iii) Common Electricity Charges, (iv) Contribution to Repairs and Maintenance Fund, (v) Expenses on repairs and maintenance of the lifts of the Society, including charges for running the lift. (vi) Contribution to the Sinking Fund, (vii) Service Charges, (Viii) Car Parking Charges, (ix) Interest on the defaulted charges, (x) Repayment of the installment of the loan and interest, (xi) Non-occupancy Charges, (xii) Insurance Charges, (xiii) Lease rent, (xiv) Non-agricultural tax. (xv) Education and Training Fund (xvi) Election Fund (xvii) Any Other Charges
68. The Service charges of the society referred to at (vii) above shall include the following:
Break-up of Service Charges of the Society.
(i) Salaries of the office staff, lift-men, watchmen, malis and any other employees of the Society.
(ii) Where the Society has independent Office, the property taxes, electricity charges, water charges etc.
(iii) Printing, Stationery and Postage,
(iv) Travelling Allowance and conveyance charges to the staff and the members of the Committee of the Society.
(v) Sitting fees paid to the members of the Committee of the Society,
(vi) Subscription to the Education Fund as per section 24 A of the Act.
(vii) Annual Subscription of the Housing Federation and any other co-operative institution to which the Society is affiliated.
(viii) Entrance fees for affiliation to the Housing Federation and any other cooperative institution.
(ix) Audit Fees for internal, Statutory and re-audit, if any.
(x) Expenses incurred at meetings of the general body, the Committee an the Sub-Committee, if any
(xi) Retainer fees, legal charges, statutory enquiry fees. However, Legal Charges of any disputes/Litigation of whatsoever nature between member to member
or member and their family in which Society is a party, in such cases Legal and litigation charges is required to be charged to the respective member/ members.
(xii) Common electricity charges.
(xiii) Any other charges approved by the General Body at its Meeting. However such charges should not contradict the provisions of the Act, Rules and byelaws of the Society.
69. (a) The Committee shall apportion the Share of each member towards the charges of the Society on the following basis:
Sharing of the Society's Charges by the members
i. Property taxes: As fixed by the Local Authority
ii. Water Charges : On the basis of total number
and size of inlets provided in each flat.
iii. Expenses on repairs and maintenance of the building/buildings of the Society: At the rate fixed at the general body from time to time, subject to the minimum of 0.75 percent per annum, of the construction cost of each flat for meeting expenses of normal recurring repairs
iv. Expenses on repairs and maintenance of the lift, including charges for running the lift : Equally by all the members of the building in which lift is provided, irrespective of the fact whether they use the lift or not.
v. Sinking Fund : As provided under the bye-law
No. 13(c).
vi. Service Charges : Equally divided by number of flats.
vii. Parking Charges : At the rate fixed by the general body of the society at its meeting under the bye-law No. 84/85.
viii. Interest on the delayed payment of Charges: At the rate fixed under the
bye-law No. 72 to be recovered from the defaulter member.
ix. Repayment of the installment of the loan and interest: The amount of each - installment with interest fixed by the financing agency.
x. Non-occupancy charges: At the rate fixed under the byê-law No. 43(2)(iii)(c)(10%)
xi. Insurance Charges: The built up areas of each flat, provided that if there is increase in the insurance premium due to storing any specific
goods in any flat, used for commercial purposes, the extra burden of insurance premium shall be shared by those who are responsible for such increased premium in proportion of the built up areas to their flats
xii. Lease Rent: The built up area of each flat.
xiii. Non-Agricultural tax: The built up area of each flat
xiv. Education and Training Fund: Rs. 10 per Flat/unit per month
xv. Election Fund: Equally by the members and as prescribed by the Election Authority in the Rules made thereof and as decided by the General Body meeting of the Society
xvi. Any other charges: As may be decided by the general body of the Society
(b) The Committee shall fix in respect of every flat the society charges on the basis laid as down under the bye-law No, 69 (a).
Good information given.
i would like to ask as per "Law" that are the Society Maintenance charge for water consumption to be made on basis of the per person in the family residing in each flat or on basis of per flats in the building??
In my building one flat having 8 family members, where as in other flat there is a only one member living, so it would be unfair for single person charging same compared to others...
Thanks and awaiting Answers..........
Can society charge double for a flat which has a servant qtr attached to the flat but having 2 separate doors (flat n servant qtr). There are 2 separate agreements flat measuring 1000 sq ft and servant qtr measuring 250 sq ft. Just because thete are 2 separate agreements society is charging double for maintenance and other charges. Is this legal? thanks/regards
Still in confusion. I am also having same concern. As per law society should take equally maintenance for 1bhk and 2bkh or not?
Please advise.
I am a retired pensioner living in redeveloped building and having two bedroom flat, but the society maintenance is same for me as well as the other flat owners having two and three bedroom flats.I live alone and why should I be paying the same maintenance like other flat owners?
I am from Indore , MP and we r in process of farming new society having different size flat of 750 X14, 1250 x 20 and
1625 x 20 now flat. Now society charging from our 3 bhk of 1624 flat @ RS. 1625 against RS. 750 only from 1 bhk flat for the same and equal services for all. We showed them MH society rule and Mumbai high Court ruling about same maintance charges from and not as per flat area. But society is forcing use to pay more and if not paid they creating problem for use. PL advise how to get justic
Regards
Gandhe
I own a flat in a society in Pune which holds flats of different sizes. Can society service charge for common amenities equally divided in number of flats? Does this need to be on the size of the flats?
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