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MAINTENANCE

Q: SIR,

WE HAVE PURCHASED A FLAT AT HOWRAH.THERE ARE MANY TYPE OF SQ.FT. FLATS AREA AT THE APARTMENT.NOW THE LARGER SQ.FT. FLAT HOLDER ARE WANTED THE EQUAL MAINTENANCE & DEVOLOPMENT FEES FOR ALL.BUT I THINK THIS IS WRONG WAY.THE MAINTENANCE SHOULD BE CALCULATED BY SQ.FT.NOW PLS SUGGEST ME THE RIGHT WAY OF MAINTENANCE FEES.AND ALSO CONFIRM ME IS THERE ANY RULE ABOUT THAT?PLS MAIL ME.
THANKING YOU.
YOURS TRULY
Nayan Chatterjee.
kadamtala,howrah,w.b.
Reply

Replies (5)
1
Write a letter to Managing Committee regarding the same and request for general body meeting where minority group of flat owners' interests are protected. You can consider complaining to the concerned Registrar of Societies in this behalf. This is not advisable, and must only be resorted to where every other avenue of dispute resolution has failed. Seek help from legal expert.
Abhilasha


2
"legal proceeding against the same."thn what should I do?pls suggest me,bcz I am realy feeling helpless about this.I have no way.my economic sound not so good.I m thinking about feature.Day after day the fees will b more and more thn i cann't.pls help me.help me help me.the people are not too good thats why i m so worried about that.i will be waiting for your mail
NAYAN SOHAGH CHATTERJEE


3
As per Housing Society, the law about maintenance fee is their model bye-law and it is set of law agreed by majority of members in the housing society. In most case, minority feel helpless and has to follow the association rules or condition. But if you and other flat owners feel the majority is exploiting minority, you can seek legal proceeding against the same.
Abhilasha


4
I COULDN'T GET PROPER SOLUATION.WE HAVE ONLY 4 FLATS AS THE SAME SIZE.AND THE OTHER 12 FLATS ARE ALL GREATER THN TO US.THN YOU CAN CALCULATE THE "MAJORITY VOTE" .NOW YOU TELL ME WHY WE WILL BE PAID THE EQUAL?WHERE THEY ARE USING MORE WATER FOR FLOOR CLEANING......ALSO THE ARE GETTING MORE ADVANTAGE FOR THEIR GREATER FLAT.NOW YOU TELL ME IS THERE ANY LAW ABOUT THE MAINTENANCE FEES IN INDIA.AND SOPUSE THEY MAKE A COURT WORK ABOUT US THN WHAT SHOULD I DO?
NAYAN SOHAGH CHATTERJEE


5
The most common and popular way of calculating maintenance fee is pay per Square Feet where a fixed rate is charged per Square Feet. There is also Equal Maintenance Fee where greater the difference in size of the apartments, the higher will be the discrepancies in the maintenance charges. Therefore each apartment will have a model bye-law which clearly mentions the method of calculating maintenance fee which is considered fair and acceptable to all members of the society.

Contact the association or managing committee or raise the issue in general body meeting where majority vote counts. However, if no consensus is evolved, it is advisable to fix the maintenance charges on the basis of percentage of holding of land and common area.
Abhilasha


6

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