Hi Friends,

As a new society, we are facing with internal dispute on how to charge maintenance to our members. Society is in Maharashtra and comes under jurisdiction of Registrar of Maharashtra CHS. We have 8 Building of 2bhk, and two with 3 bhk..and each building has four types of flat varying in salable area ..carpet area. We have a club house, a gen set, private security agency and housekeeping agency. Each building has a separate bore-well and motor connected to it, with a reservoir.. so total 20 pumps. Members staying at 3BHK flat demand that as per by laws Society can not charge on psf basis, and it should be equal to all.. whereas 2bhk members want it on psf basis arguing area occupied by resident. We also tried a partial method with very few component on psf basis and others a fixed head ( admin, club house, lawyer fee etc)..but we are not agreeing. Society appointed lawyer advises that we arrive at some conclusion. We MC members are at fix and do not want to disobey any law. Any advise is highly valuable and help us resolve this soon.

Also please advise which method you follow. There is no dispute on SINKING FUND though...
Thanks to all for advise !
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  • psqft calculation works well in almost all housing societies. Isn't property tax calculated on psqft basis, then why not maintenance amount.
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  • Hi,

    I am living in Mumbai; and in my society we have 2 towers of 2 bhk and 5 buildings of 1bhk. The Society is itself registered in 2 different parts. So the maintenance charges are different.
    As per my advice, charges should be different for both 2 bhk and 3 bhk. Since the water uses, no of occupants are also more in 3 bhk compared to 2 bhk. Some charges could be fixed.
    Moreover, Gym, Club house charges should be on membership card basis. suppose some of owners in 2 bhk/ 3 bhk are not using these at all; then why should be charged. They have already paid for the its development. There could be some minimum amount for administrative charges and rest could be collected as per membership basis. Compare If some one having 5 members in a family using Gym/Club to someone with 2+1 member and they r not using it for any given reason.

    3 Bhk owners will off course yell at it since they will have to pay more; bt that is also genuine. Will you charge the same amount for maintenance for 1 Bhk, 2 Bhk & 3Bhk owners if all configuration exists in same perimeter.


    I hope my points are clear now.

    ~Bunty
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  • Originally Posted by buntypune
    Hi,

    I am living in Mumbai; and in my society we have 2 towers of 2 bhk and 5 buildings of 1bhk. The Society is itself registered in 2 different parts. So the maintenance charges are different.
    As per my advice, charges should be different for both 2 bhk and 3 bhk. Since the water uses, no of occupants are also more in 3 bhk compared to 2 bhk. Some charges could be fixed.
    Moreover, Gym, Club house charges should be on membership card basis. suppose some of owners in 2 bhk/ 3 bhk are not using these at all; then why should be charged. They have already paid for the its development. There could be some minimum amount for administrative charges and rest could be collected as per membership basis. Compare If some one having 5 members in a family using Gym/Club to someone with 2+1 member and they r not using it for any given reason.

    3 Bhk owners will off course yell at it since they will have to pay more; bt that is also genuine. Will you charge the same amount for maintenance for 1 Bhk, 2 Bhk & 3Bhk owners if all configuration exists in same perimeter.


    I hope my points are clear now.

    ~Bunty


    Ideally, only Sinking Fund, Water charges (if any tankers are used), insurance charges (if any) can be charged on per sqft basis.
    Rest all heads (routine maintenance like housekeeping, electricity bills, admin salaries, club house etc) need to be charged same for all flats.
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  • No - Repair and Maintenance are on per square feet basis, service charge are same for all. Sinking fund again for per sq fee. Even water and electricity can be charged provided you have used tankers, and you can separate common electricity flat wise (not lift).
    We have resolved this, although we have spared 3bhk residents from elect/water !!
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  • You think your task is difficult ?? take this !!

    I face even more complex scenario..
    My complex has
    1. Bunglow plots with structures( people living there)
    2. Bunglow plots with no structures (one living ..empty plots)
    3. some 2 BHKs
    4. some 3 BHKs
    5. some 4 BHKs.

    Now empty plots owners are saying why they should pay for all the facilities if they are never there.. 2 BHK owners do not want to pay high fees as they see large plots all around them..Bunglow owners do not want to pay for Lift in use for the 2/3/4 BHKs

    Regards
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  • Too complex soceity, it looks like. But generally it should be fixed at almost equal for all.
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  • Guys-- Just revisiting this old thread. Is there any law which states that the maintenance charges should be based on sq ft or should be fixed for all residents ?
    I recently saw a notice put on my apartment notice board which was a newspaper article which said that the charges should be fixed for all apartments.
    any clue what the law says ?
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  • Originally Posted by honest
    Guys-- Just revisiting this old thread. Is there any law which states that the maintenance charges should be based on sq ft or should be fixed for all residents ?
    I recently saw a notice put on my apartment notice board which was a newspaper article which said that the charges should be fixed for all apartments.
    any clue what the law says ?



    In India, the only Legislation that provides considerable guidance in this matter is from Maharashtra, approved by the Commissioner for Co-operation and Registrar, Cooperative Societies.
    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): At the rate fixed by the general body from time to time, subject to the minimum of 0.75 percent per annum of the construction cost of each flat for meeting expenses of normal recurring repairs.
    This implies, this can be charged on a sq.ft. basis, which is an indirect indication of the construction cost of the flat.

    2. Service Charges (Housekeeping, Security, Common Area Electricity, Equipments): Equally divided by Number of Flats.
    This implies, this can be charged on a flat fee basis, where each Flat pays the same amount irrespective of its area.

    3. Expenses on Repairs and Maintenance of the Lift, including charges for running the Lift: Equally by all the members, irrespective of the fact whether they use the lift or not. This is clearly a charge on a flat fee basis.

    4. Sinking Fund: At the rate decided by the General Body, subject to the minimum of 0.25 percent per annum of the construction cost of each flat. This again implies a Sq.ft. based fee., as in Item 1.

    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).
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  • I want to ask some general question regarding maintenance charges –

    1. Whether the flat owners has to pay full maintenance charges even though Club house and other amenities are not ready? Is there any general guideline in place regarding maintenance charges?

    2 From which date maintenance charge are liable to be paid by owners – the day he start living in the flat or from the date mention in the possession letter issued from the builder?
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  • Originally Posted by sakstaps2012
    I want to ask some general question regarding maintenance charges –

    1. Whether the flat owners has to pay full maintenance charges even though Club house and other amenities are not ready? Is there any general guideline in place regarding maintenance charges?

    2 From which date maintenance charge are liable to be paid by owners – the day he start living in the flat or from the date mention in the possession letter issued from the builder?


    From builders perspective, the rule of the thumb is quite simple. Your maintenance charges start from the day you take possession. It does not matter whether amenities are ready or you stay there.

    Some builders force you to take possession earlier saying that maintenance charges will start from the time they offer you possession. In such cases, if you don't want to shift there immediately, tell the builder that you will take possession ONLY when he shows the occupancy certificate of the building. 99% of the times, builders give possession without occupancy certificate.
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  • For clarity on the issue ,one can refer to the Bombay high court judgement in the case of Venus housing Society vs Owners.
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  • Not on individual basis

    Originally Posted by sakstaps2012

    2 From which date maintenance charge are liable to be paid by owners – the day he start living in the flat or from the date mention in the possession letter issued from the builder?


    Are u talking abt the advance maintenance the builder charges for a specified amount of time? If yes then its does not work that way. There will be a period of 3-4 months over which he will give possession to majority of the flats. Then the builder will just consider maintenance to commence from that period. Then after 2-3 years he will hand over the maintenance to the society members. It does not work on an individual basis. The real problem occurs when there are phases in the project. Now you have a situation where the development of the entire project takes around 5-7 years. Now the most recent flat owners are short changed since the builder will try to hand over to society as soon as the construction is complete. As long as there is some construction to be completed the builder will do the maintenance by himself and will not handover it to the society.
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  • Hello,

    What is the typical amount one can expect to shell out at the time of possession for these society charges? I have read the society charges can come upto 5 lakh rupees to be paid at the time of possession. Also who decides these charges ? 25K as society formation charges looks way too steep.

    These are the items i am talking about:

      society formation charges
      electricity charges
      infra and development charges


    Kindly post the estimates for these charges
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