Does the maintenance fee for a apartment flat go up if its on rent?

Q: Hi,

I live in Pune and own an apartment flat and a small 200 sq-ft outhouse which is separate from the building but in the same premises.
I gave this outhouse on rent a few months ago and now the rest of the residents want me to pay an extra maintenance fee. Firstly, is this true? Because other flats that are in the building are also on rent but they are not paying any extra fees. This they say is because mine is an outhouse. Is this fair? And even if it is, I want to know if there are any guidelines on how much extra I need to pay? Because first they said 'the rule' says I have to pay 10% more. But now they are saying 'the apartment rules' have changed and I will have to pay a full maintenance fee i.e 100%.

Are there any official guidelines under law as to how much maintenance will I have to pay extra? Or is it just a majority wins situation, since there are no detailed apartment laws, like society laws? Is there any law I can read or show them to defend myself?

Any help will be appreciated. Thanks!

Samir Dange, Pune

7th January 2015

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Replies (3)

Hi. Thanks for the replies.. I know 10% sounds right. But the thing is we do not have a registered co-op housing society(CHS). This is just one apartment building. Are the laws different or same for CHS and apartment buildings?

Samir Dange, Pune

8th January 2015

Comment

Yes, it is different. Suppose, The right of the flat owner under the C-operative Society act to transfer his occupancy right in the flat is subject to the approval of the Co-operative Housing Society whereas there may not be any restriction on the right of transfer by an apartment owner under Maharashtra Apartment Owner Association according to the Bye laws.

Ketalpujara, Mumbai

7th May 2015

Hi Samir,
Check you agreement which you have made with the builders. Is there anything mentioned like that, if not, then consult a legal expert, he may give you the better advice.

Mansoor Bithal, Mumbai

7th May 2015

Yes, it is legal to change a maximum of 10% more on top of maintenance changes for rented flats. I am assuming that your society is registered as Cooperative housing society (CHS). There are different types of societies and rules changes accordingly.
If your society is registered as CHS, you can approach the deputy registrar of cooperative in your area with your complaint. The deputy registrar can direct the society accordingly.

Nitesh Patil, Pune

8th January 2015

Comment

According to this legislation, the Regular Society Charges are to be apportioned in the following Manner: 1) Expenses on Repairs and Maintenance of the Building(s), 2) Service Charges (Housekeeping, Security, Common Area Electricity, Equipments), 3) Expenses on Repairs and Maintenance of the Lift, including charges for running the Lift.

Apart from the above charges, many Societies collect following Charges as part of their Regular Bill - Non-Occupancy Charges (for Flats which are Rented, calculated @ 10% of Service Charges), Parking Charges (by number of Parking Slots of each Member), Property Tax, and Water Charges (by actual Consumption of each Flat, or Number of Water Inlets).

So, you have to pay only 10% for your outhouse not more than that. If they are pressurizing for the extra charges, you can take a legal action on them.

Saurav Mishra, Pune

8th January 2015

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