One may heave a sigh of relief that one need not pay monthly rent the movement one shifts into the newly-acquired flat. But, one should keep in mind that one has to pay maintenance charges every month. Generally, the builder of apartments bears the maintenance cost for one or two years. It is documented in the agreement of sale. Once the period is over, the maintenance would have to be borne by the residents’ welfare association.
The problems surface due to discrepancies that may creep in calculation of the maintenance charges. Some advocate collection of fixed amount towards the maintenance charges, while others link the charges to the size of the flat. Therefore, it is fuelling differences of opinion among the flatmates. The popular feeling among them is that it is not justified to collect same maintenance charges for a 1000-sft flat and 2000-sft flat.
In this backdrop, let us see how to fix the maintenance charges of the flats? What the rules would have to say? Several experts prescribe that the maintenance charges should be calculated per sft only. There are no specific rules to fix the maintenance charges for the common areas. However, they advise fixing the maintenance charges according to the size of the flat.
They suggest fixing uniform maintenance charges if the changes in flat size are negligible. If the sizes vary greatly it is not right to ask the flatmates to pay uniform charges. According to the regional director of Anarock Group and Research Head Prashant Thakur, the Telangana Apartments (Promotion of construction and ownership) Act 1987 prescribes collection of the maintenance charges in tune with the size of the flat. If the collection of the maintenance charges is not in accordance with the area, it can be challenged in a court of law.
In fact, there is a fixed method to calculate the maintenance charges in Hyderabad. The charges are decided by the flat owners’ association as per the bylaws. Therefore, the maintenance charges differ from apartment to apartment. The flat owners’ association members would have the right to vote. Therefore, it decides whether to collect a fixed amount towards the maintenance charges or varying charges. However, to avoid controversy the charges should be fixed with a unanimous choice.
Legal solution
If any housing society mounts pressure on the flat owners to pay uniform maintenance charges, the flat owners can seek legal remedy. The owners’ association or owners can move the court and seek fixing of the charges depending on the size of the flat. It is not advisable to seek the police intervention in a civil litigation. First, the issue should be complained to the registrar of societies. If there is an infringement of rights of flat owners they can approach the consumer forum and initiate legal action in a civil court. Such measures can be challenged in RERA tribunal too.
