Maintenance charge liability for unoccupied flat

ByJupiter
Posts: 30
Joined: October 11th, 2012, 11:11 pm
Location: Bangalore

Maintenance charge liability for unoccupied flat

Postby ByJupiter » April 30th, 2014, 4:09 pm

I have a doubt. If a flat is unoccupied for couple of months, can the owner say that he is not liable to pay any maintenance charges to the association? In our apartment we have fixed charges of Rs X and water tanker charges of Rs Y, so total maintenance is Rs X+Y. For those flats which are unoccupied, maintenance is collected for only Rs X but even that some owners are disputing stating that their flat is unoccupied so they will not pay anything.

What does the law state on this? Is there any judgement or precedent for something like this? I'd be glad if you can provide a legal advice too apart from how it is dealt with in your apartment.

Chida_gs
Posts: 92
Joined: November 25th, 2013, 3:20 pm

Re: Maintenance charge liability for unoccupied flat

Postby Chida_gs » April 30th, 2014, 4:29 pm

Hi,

Whatever the reasons, the Owner has to pay the Maintainance charges to the Association for maintaining Apartment. Fixed Charges - X which is mainly for the common areas (Gym, Swimming pool, Parking lot, Children play area, Party hall etc....) as it is not restricted to any body, so the cost has to borne by all the Flat owners.

Regarding the Water Tanker charges -- Y Amount, since this is depending on the association rules (Not abide by any law), Here also the water is used for the Common areas cleaning as well, some percentage should be collected from Owner whose flat is unoccupied.
But it depends on Assocation to forfeit that amount as he is not yet occupied and not using any water for his personal use (As he is already lossing in terms of not occupied, No tenants available for that period :D )


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