Your Housing Problems & Solutions
Maintenance charges
We are a CHS comprising of 36 members, 2 BHK, 3 BHK and few flats with a terrace. We would appreciate your guidance on the following query. Based on Bye-Law 66 (a), we have worked out a maintenance charge (without item-wise break-up), on a consolidated basis, per square feet rate for the flats. While computing the square feet area, we have only considered the built-up area, excluding the terrace. The private terrace area was open, but subsequently, the society recommended that flat members of the private terrace will have to install a temporary roof cover to avoid rainwater percolating into the flats below. As one of the computations is to be reckoned basis the construction cost of the flat, we realised that under the cost of construction/maintenance of the structure we should be charging for such area, but not sure what is the percentage basis.
Kindly refer Bye-Laws Book of the Society of the year 2014. In it, see the Bye-law 67(a), to levy itemised charges on a flat, in the bill of a society's building. Only Bye-law No. 67(a), sub-sections (i) Property Tax, (iii) Expenses on repairs and maintenance of Society's building/s, at 0.75% of the construction cost of the flat, (v) Sinking fund, at 0.25% of the construction cost of the flat, (xii) Lease rent of the Society Building's land and (xiii) Non-Agricultural Tax.
These are the only five charges, which are to be levied on the area of a flat. All other items as stated in Bye-law 67(a) are to be charged equally for all the flats, irrespective of the area. If all items heads of society's maintenance are charged on an area of the flat, then any member can make a complaint against the managing committee of the society, to the Deputy Registrar of Co-operative Societies, under the Bye-law No.174(A)(xxii).
Ownership of stilt parking
stilt parking from the
builder, which was sold to us as garages in 1997. I have been paying property tax for these garages since then. They came with three sides covered with iron mesh separators and a collapsible gate. Now, the managing committee is saying that the stilts are the property of the society and has asked me to surrender them to the CHS. Please help.
If stilt parking has used FSI of the building, then the sale is valid. Otherwise, society can take its possession. Surely society cannot ask you to vacate it if you are parking your car in that spot. In that case, society will ask you to pay four wheeler parking charges.
With the property tax bill of your stilt parking, go to your municipality ward office, to know whether your stilt parking has used FSI of the building. If you get a letter from the municipality stating that stilt parking has used FSI, then it is legally yours. Society cannot ask you to vacate.
For this, you should hire the services of a good practising architect doing engaging in municipal work, like regularisation of any premises, whose legal ownership is doubtful and such premises have not used FSI of the building. If some FSI of the building remains unused or new FSI or TDR can be purchased and your garage premises can be made legal, then spend some money and get it regularised.
Facilities in a retirement home
We have purchased flats in a senior citizen’s retirement home. The agreement is clear in its terms and clauses. But the builder refuses to provide the facilities as stated in the agreement.
All senior citizen retirement homes have no government control, as no regulatory authority exists for its management. If any facilities are entered in a registered agreement with you by the builder, then for not providing such facilities you can make a complaint against the builder to a Consumer Court. Hire a good advocate to fight your case, which is decided in six months to one year time, after you file the case.
Answers provided by experts of Moneylife Foundation.