Legal Question in Real Estate Law in India

Respected Sir,

I am ready to pay monthly maintenance charge at enhanced rate on Sq Ft basis BUT NOT FOR CAPITAL MAUINTENANCE FOR THE COMMON AREAS WHICH HAS BEEN CLARIFIED AS PER The West Bengal Apartment Ownership Act, 1972

REGARDING THE COMMON AREA GIVEN AT THE BOTTOM

I live in a 10 Flat Building(No of flats 10).Here all the flats are not of equal size i.e flat size varying from 1500/1200/1000/750 sq ft and like that.Previously maintenance /service charge per month was being equally divided amongst all 10 flat owners(It is not a Cooperative Society Flat,It is a ownership flat).But recently by a majority decision it has been decided that henceforth monthly service charge will be according to size in sq ft .As my flat is the highest sized flat obviously I have to pay maxm. .Considering the previous method as there are 10 members each member had to pay 10% of total maintenance cost per month.As per the new method I have now to pay 20%of the total cost .

.

The Resident Welfare Committee . does not look after the individual flats

In our case the usual monthly charge payable is only restricted to paying salary of the caretaker/salary of the sweeper/running cost including maintenance of the water pump/illumination of the common service area(stairs etc) WHICH IS NO AT ALL CONNECTED TO THE FLAT SIZE.THERE IS NO DIFFERENCE IN THE SERVICE RENDRED BETWEEN A HIGHER SIZED FLAT AND A LOWER SIZED FLAT.NO SERVICE SIS RENDERED IN THE INDIVIDUAL FLAT AREA

. My problem is that if the new method is restricted to the monthly charge only then iIT IS NOT MUCH OF A PROBLEM..ALTHOUGH THERE IS A QUESTION MARK CONSIDERING MY POINTS STATED BELOW.But the thing is that for any future Capital Maintenance like total painting of the external walls of the building ,roof repairing etc(WHICH ARE A COMMON THING FOR ALL IRRESPECTIVE OF THE SIZE OF AN INDIVIDUAL FLAT) in each case I have to pay more.More precisely if the repair cost is (say)rs 6 Lakhs then I have to pay Rs 120000,whereas others may have to pay only Rs 30000.

MY POINTS

1)This monthly maintenance is only restricted to paying salary of the caretaker/salary of the sweeper /running cost including maintenance of the water pump/illumination of the common service area(stairs etc) WHICH IS IN NO WAY CONNECTED TO THE FLAT SIZE.There is no difference in the service rendered between a higher sized flat and a lower sized flat .NO SERVICE IS RENDERED IN THE ORIGINAL INDIVIDUAL FLAT AREA.

2)But for any CAPITAL MAINTENANCE OF THE BUILDING like total painting of the external walls of the building, roof repairing etc (WHICH ARE COMMON FOR ALL) THE NEW METHOD SHOULD NOT BE ENFORCED ON ME AND SHOULD BE SHARED PROPORTIONATELY IN EQUAL PARTS because these expenses are for the purpose of common building and not for individual flats (who are residing).

3)It will be unfair on people owning larger flats as the facilities rendered are irrespective of the size of the flat and includes all expenses that are equally utilized by members, irrespective of the size of their apartments.

4)A person living in top floor uses the stairs and roof more than the person residing at lower floors, but the expenditure on stairs/roofs should be shared by all equally.

5) Where the Resident Welfare Association fixes this Sq Ft basis they also look after the maintenance inside the flat by providing some help in some way or other. But here individual flat all maintenance and other related costs are borne by the individual flat owner. However as already told I am ready to pay monthly charge on Sq Ft (00) basis

6) Provision for reserve fund is always good in order to go for huge expenses which shall be contributed equally by all the members irrespective of the size of flat as all the flat owners are getting the equal service and benefit irrespective of the size of the flat.

7) It will be unfair on people owning larger flats as the facilities rendered are irrespective of the size of the flat and includes all expenses that are equally utilized by members, irrespective of the size of their apartments.

8)But considering fraternity point of view I am ready for paying on Sq Ft basis for regular Maintenance but not for Capital Maintenance.The Common Places are clearly defined as follows

As per The West Bengal Apartment Ownership Act, 1972

(EXCERPTS FROM THE ACT)

"common areas and facililies" includcs-

(1) the land on which thc building is located and all easements,rights and appurtenaces belonging to the land and the building

,(2) the foundations, columns, girders, beams, supports,main walls, roofs, halls, corridors,lobbies,stairs.stair-ways, fire-escapes and entrances and exits of the building

(3) the basements, cellars, yards, gardens

(4) the premises for the lodging of janitors or persons employed for the managernent of the property,

(5) installations of common services, such as power, light, gas, hot and cold water, heating, refrigeration, air

conditioning, sewerage, etc

(6) the elevators, tanks, pumps, motors, compressors, pipes and ducts and in general all apparatus and installations

existing for common use,

(7) such othcr common facililies, as may be specially

provided ,

(8) all other parts of the property ncccssary or convenient

to its cxistence, maintenance and safely, or normally in

common use;

(e) "common expenses" means expenses of administration,

maintenance, repair or replacement of thc COMMON areas

and facilities and all olher sums assessed against the

apartment owners;

Please offer your valuable suggestions.Should I write a letter giving my points

1 Answer from Attorneys

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