law regarding maintenance fees - Indian Real Estate Forum

farukh · 09-05-09

Hello friends
i have a flat rented. society is charging me 200 rs extra maintenance becoz
i have rented the flat.
is this legal??
i heard their should be no such extra fee society can take
plz reply to this msg

ks2071746 · 11-05-09

Dear friend,

Apart from legality of charging more for rented flat, such is not the case in Chennai, normally the maintancence charges are borne by the tenants. In out of city places in Chennai, sometimes the maintanence charges come to more than 50% of the rent itself thereby reducing the rental prospects of a new flat in such out of city large projects by reputed Promoters.

ks2071746

scorpions2k · 15-05-09

I am an owner of a flat in Lucknow (Buiders- Amrapali Builders). They have handed possession of the flat to few flat owners including me. The maintainance activity is managed by the builders which as per agreement is to be handed over to the society of the complex. The society is registered under Indian Societies' Act and managed by Executive Committee of flat owners. Builders have not yet completed Road building, Club HOuse, Gymnasium, and other such facilities as per brochure but insisting for payment of maintainance charges an do not want to hand over the possession of building by completing the entire work. In this case is the individual flat owner liable to pay the manataince charges to the builders?
Please help.

amit_2009 · 16-05-09

to the OP, the payment of maintainence charges is according to the terms of lease/rental with the flat owner. This is generally specified in that agreement form and that is the only legal document that a tenant has to guide whether he is liable to pay the maintainence fees.

="http://www.indianrealestateforum.com/../members/scorpions2k-28019.html"]scorpions2k[/URL] : if you have registered the society than pay directly to the scoiety's bank account. If not yet formed the society, then tell the builder that this is how you would be doing it. Handing over the cash to builder does not make any sense at all.

You need to get a few other property owners in the complex with you on this.

09-05-09	#1
farukh New Member Join Date: May 2009 Posts: 1 Thanks: 0 Thanked 0 Times in 0 Posts Rep Power: 0	law regarding maintenance fees Hello friends i have a flat rented. society is charging me 200 rs extra maintenance becoz i have rented the flat. is this legal?? i heard their should be no such extra fee society can take plz reply to this msg Last edited by farukh; 09-05-09 at 11:47 PM.

15-05-09	#3
scorpions2k New Member Join Date: May 2009 Posts: 1 Thanks: 0 Thanked 0 Times in 0 Posts Rep Power: 0	When does owners' liability start for mainatinance charges? I am an owner of a flat in Lucknow (Buiders- Amrapali Builders). They have handed possession of the flat to few flat owners including me. The maintainance activity is managed by the builders which as per agreement is to be handed over to the society of the complex. The society is registered under Indian Societies' Act and managed by Executive Committee of flat owners. Builders have not yet completed Road building, Club HOuse, Gymnasium, and other such facilities as per brochure but insisting for payment of maintainance charges an do not want to hand over the possession of building by completing the entire work. In this case is the individual flat owner liable to pay the manataince charges to the builders? Please help.

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11-05-09	#2
ks2071746 Senior Member Join Date: Nov 2008 Location: Tamilnadu Posts: 855 My Mood: Thanks: 0 Thanked 0 Times in 0 Posts Rep Power: 1	Dear friend, Apart from legality of charging more for rented flat, such is not the case in Chennai, normally the maintancence charges are borne by the tenants. In out of city places in Chennai, sometimes the maintanence charges come to more than 50% of the rent itself thereby reducing the rental prospects of a new flat in such out of city large projects by reputed Promoters. ks2071746

16-05-09	#4
amit_2009 Member Join Date: May 2009 Posts: 150 Thanks: 0 Thanked 0 Times in 0 Posts Rep Power: 1	to the OP, the payment of maintainence charges is according to the terms of lease/rental with the flat owner. This is generally specified in that agreement form and that is the only legal document that a tenant has to guide whether he is liable to pay the maintainence fees. ="http://www.indianrealestateforum.com/../members/scorpions2k-28019.html"]scorpions2k[/URL] : if you have registered the society than pay directly to the scoiety's bank account. If not yet formed the society, then tell the builder that this is how you would be doing it. Handing over the cash to builder does not make any sense at all. You need to get a few other property owners in the complex with you on this.