What is flat maintenance charges law?

Flat maintenance charges are fees levied on residents or owners of flats for the upkeep of common areas and facilities in a housing society. The Maharashtra Apartment Ownership Act, 1970 governs housing units in the State. Flat maintenance charges law in Maharashtra for these units are determined by the unit's area. Nevertheless, apartments registered in accordance with the Cooperative Societies Act of 1960 are exempt from this rule.

What is the Flat Maintenance Charges Law in Chennai?

The Tamil Nadu Apartment Ownership Act stipulates that the maintenance fees shall be assessed in accordance with the undivided portion of land each apartment's owners have been granted. Common area maintenance shall be governed by resolutions accepted by the general body and the Association's byelaws.

What is the RERA Apartment Maintenance Charges Law?

Here are the key aspects of the law governing these charges:

1. RERA Guidelines: According to the Real Estate Regulatory Authority (RERA), developers must pay all maintenance charges until they hand over possession to the buyers. Post-handover, the developer must ensure the building remains free of major issues like leakages for five years.

2. Builder-Buyer Agreement: The maintenance charges must be clearly mentioned in the builder-buyer agreement, detailing the cost and frequency of these charges.

3. Calculation of Charges: Maintenance charges are typically calculated based on the size of the property and the facilities offered within the housing society. These charges can range from Rs 2 to Rs 25 per square foot.

4. Mandatory Payment: Allottees are required to pay these charges on time as per Section 6 of the RERA Act 2016.

5. Common Areas Covered: The charges cover the maintenance of common areas such as elevators, staircases, lobbies, water tanks, parks, and other shared facilities.

These laws ensure transparency and fairness in the maintenance of housing societies, protecting the interests of both developers and residents.

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supreme court judgement on apartment maintenance charges over the years. From what I have observed, the general notion held by the apex court is that the flat maintenance charges must be paid as per the by laws of state. Flat maintenance charges must be paid by the occupant of the flat or property. Here is some more information on flat maintenance charges law. 

• The flat maintenance charges law establishes rules relating to the amount of maintenance chargeable on any flat. 

• These fees may be set by the general body.

• They must be at least 0.75 percent of the cost of the flat/shop every year. 

• For a 1000 sq ft apartment, the annual charge will be Rs. 9,000/-. 

• Whether an unit is unoccupied, the monthly maintenance expenses must be paid by the owner or the renter.

states that: 

“Every allottee who has agreed, to take an apartment, plot, or building as the case may be, under Section 13, shall be responsible for making necessary payments in the manner and within the time specified in the said agreement for sale, and shall pay the share of the registration charges, municipal taxes, charges for water and power, maintenance, ground rent, and other fees must be paid on time and in the proper location.”

• The buyer or the tenant is responsible for paying maintenance fees after taking ownership or occupancy of the property respectively.

•  However, the owner is responsible for paying the maintenance fees until a tenant is found for the property. 

I hope now you are well informed about

supreme court judgement on apartment maintenance charges. 

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