[Resolved]  Prakash — Basis of maintenance charges for combination flats

Address:Maharashtra

Dear Sir,

Ours is a registered co-operative housing society with 72 flats (2 BHK & 3 BHK). The 3 BHK flats were originally sold by builder as combination flats comprising of 1 RK and 2 BHK flat and these two flats were registered with separate flat numbers as well (means 2 sale deeds). However there is just a single electricity meter & entrance for these combination flats. Even on CIDCO records, these flats are not single 3BHK flats but two separate flats. So total numbers of flat as per Sale Agreement is 108 and not 72.

Even, at the time of society registration, total 108 flats were indicated and accordingly, society was formed with 108 flats and later society issued 2 share certificates for 3BHK flat owners.

Now after 2 years of society formation, there is debate within the society members regarding fixing up of the monthly maintenance charges. Currently society is collecting monthly maintenance on per sq ft basis from 2BHK & 3 BHK owners considering total 72 flats. However, some members objected and demanded that expenses towards security, lift, water etc shall be equally distributed among the flat owners and not on area of flat irrespective of whether a flat is 2 BHK or 3BHK since these facilities are used by all flat owners.

The issue is since 3 BHK flats are basically 2 flats (1RK + 2BHK) as per sale agreement, whether 3 BHK flats owner shall contribute twice towards these expenses? 3 BHK flat owner are insisting that since there is a single entrance, electricity meter, so 3 BHK flat shall also be considered as just one flat.

Please advice.

Prakash

Navi Mumbai.
[protected]@rediffmail.com
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Aug 13, 2020
Complaint marked as Resolved 
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Dear Mr.Prakash,
I and few other members of our Co-op Hsg. Society are also victims of a similar case as yours. The only difference in our society is, this menace came to light after 10 yrs of our occupancy in our respective flats which was being considered as a single flat all these years although two agreements/sale deeds were entered into with the builder at the time of booking the flat. At the time of booking the flat, it was our basic requirement or intention to have a 3BHK flat. If the builder for his own convenience or whatever reason opted to combine a number of smaller flats into one big flat and offer it to the customer without informing it's consequences at a later stage such as being faced by both o[censored]s at present, is in the first place a serious offence on the part of the builder. Secondly, I feel it the duty of the concerned authorities who sanction the plans to physically verify what is on paper and what is actually built by the builder. I feel this is very silly and unlogic view of some people in the society to debate on the issue when there is enough evidence to consider our flats as a single flat, such as single enterance, single electricity meter, no partition within the flat, single kitchen, single balcony, moreover the same owners. I have further gone through the bye laws of the society and there is no mention any where about such a situation or case as two flats joined as one and their implications. Also the term 'UNIT' is also not defined in the bye laws. Hence use of the term UNIT in this context is uncalled for and appears it has been coined by someone smart enough to misguide and mislead the lay man who can fall prey to such baseless claims.
Hello Experts,

Humble request to please reply URGENTLY for my below query @ [protected]@hotmail.com

I have bought flat from builder by doing 1 agreement, As per Pune corportaion plan these are 2 1 BHK flats
there is 1 Agreement, 1 Share certificate, but corportaion plan shows 2 flats (B-505 and B-506)
The socitey has decided to charge maintenance PER Flat and asking for maintenance of RS 1200 *2 = 2400
We have formed a society and even got the conveyance deed done.
there are 2 building in society Building A and B
Building A has 2 and 3 BHK flats - Total 36 Flats
Building B has 1 and 2 BHK flats - Total 42 Flats
Total area of combined flat (B-505 and B-506) is 1240 sq feet. My combined flat has simlar area as 3 BHK flat in building A

I requested society to
1. Charge Per Sq Feet as there is lot of difference in sizes of flats in both buliding
2. Charge Per Sq Feet only in my case and keep other per flat
2. Give me some concession as 3 BHK flat owner in A building will pay maintenance 1200 and i will have to pay 2400
as corporation plan shows flats (B -505 and B -506)
Socitey is not ready to listen to any of the above solution
Kindly let me know how to tackle the situation

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