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Can society legally charge additional maintenance for open space or garden flats ?

11 February 2015 Santy, Pune

I have garden flat means open space attached with my flat of 261 square feet and society wants to charge maintenance and they passed this in our meeting.
They are logic that you need additional water so we are charging additional maintenance charge.
I think that’s not the way to charge additional maintenance, there is no way to major water consummation for each flat .

And asked for me if I have any objection ..

I wanted to know can society legally charge additional maintenance for open space or garden flats ?

Please suggest

Society Maintenance Charges

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Comments (8)

  1. Societyhive support
    11 February 2015

    Dear Santy,

    Water is chargeable on inlet basis. However, open area terrace and garden is not charged.

    You can write to the chairman and copy to the deputy registrar (cooperative) of your area.

  2. Santy
    11 February 2015

    Thanks for quick guidance :).

  3. Ramchandra Jadhav
    03 March 2015

    If the open space attached to individual flat is mentioned in the agreement, the society can not charge additional maintenance, otherwise the society can charge. If the water charges are equally shared by all flat owners, then additional water charges will be applicable for garden attached to individual flat.

  4. Rohan
    02 December 2015

    Hi - is there any legal guidance to this?

  5. Keshu
    24 December 2015

    Can the common space like garden be used for any religious function like christmas, Diwali, Ganesh Puja etc in a society? Chairman is charging Rs 2000 per day for the function. Is it legal?

  6. Nilesh
    13 January 2016



    We buy the flat in DEC 15, now builder is asking us to form the society to all members of flats and he is ready to help us on that but as of now we are not getting water supply from Grampanchayat or PMC (MUNCIPAL CORPORATION) to our building. We are using underground water (boring) for all uses.

    Builder says we have done all required documentations from their side but grampanchayat is not ready to provide us the water supply now..

    Please suggest should we form the society without water supply provision, also let me know is there any law for the same..?

  7. sanju
    13 June 2016

    I have open terrace attached with my 1RK flat of 244sqt, which was covered for security reason, disturbance from birds, rainfall. I am paying maintenance for 1RK ie 244sqt*3=732 ₹. Society wants to change maintenance for open terrace & passed this in our AGM. Now society is charging additional maintenance of ₹396 for terrace ie. 132*3=396. Rate of ₹3 per ft is right? If no then what should be the rate per square ft. Some flats have open terrace more than 450sqt.

    09 January 2018

    Is there a concept like a garden flat ? Are private gardens not illegal in a co-operative society.

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