Hello,
Myself Raj,
We stay in an apartment which has over 136 flats with varying sizes 1011 sqft to 1300sqft (2bhk) and 1310sqft to 1737sqft (3bhk). Our association will start maintenance from July 2019 since builders contract will terminate the same month. They collecting for maintenance charges based on the square feet.
• Total Built up Area of our apartment is 1, 75,375 square feet.
• Total Expenditure assuming Rs. 5,50,000/- (association not provided the bill/quatation) include
1. Water bill,
2. Common area electricity bill,
3. In person salary of security, and cleaning staff,
4. Lift, Gym and Swimming Pool maintenance.
5. Maintenance and fuel charge of Diesel Generator.
And association is also charging 0.25paise per square feet as sinking charges from every flat. My apartment does not have water meter so they are charging water bill divided by per square feet.
Example: Here 2bhk owner with 1011 sq ft. who has same amenities as 3bhk will get monthly maintenance charges as per calculation,
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I. Calculation: Rs. 5,50,000/1,75,375 Sq ft.=Rs. 3.13/ sq ft.
II. So, 2(bhk) owner gets 1011*3.13=Rs.3170.63 per month
III. Adding sinking fund we get 0.25*1011=252.75+3170.63= Rs. 3423.38/- per month
IV. Now 3bhk owner get 1737sqft*3.13= Rs.5436.81 per month
V. Adding sinking fund we get 0.25*1737= 434.25+5436.81= Rs.5871.06/- Per month.
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Now comparing above statement III and V its clear that owner with more built up area are paying more for same amenities.
So request you to please provide me the guidance on my following concerns,
• Any bye-law or set of rule so I can say/inform the association to follow, since I checked with some case wherein judgement is clear that the common area maintenance charges are to be paid equally by no. Of flats.
• Case study name I followed are as follow,
o “Ms.Sneha Matam vs Balaji Paradise Apartments on 17 March, 2018.”
o “Venus Co-op. Housing Society and Anr.Vs.Dr. J.Y. Detwani & Ors. by Justice R.J. Kochar”.
• Can I ask president of association to strictly follow the above case law.
• We all flat owner have paid a corpus amount of Rs. 25,000/- to builder and even then the association is asking for sinking fund. Since corpus fund will be returned to association after the termination of builders contract. Can I oppose the association for non payment of sinking fund.
• Association is not transparent in showing the quotation they got from the agency on for maintenance, so how to ask association to be transparent.
