The money charged to the purchaser/allottee for building maintenance or as contribution to a corpus fund does not constitute an income to the builder. Therefore,
the builder cannot deposit the money so recovered into his company account
.
What do you mean by maintenance charges?
Going as per the dictionary meaning, maintenance fees means
an annual fee to be paid by the owners/ tenants for the maintenance, repair, operations, and upkeep of the building
.
How is society maintenance calculated?
Per sqft
charge
Per sq, ft method is extensively used for the calculation of the maintenance charges for the societies. On the basis of this method, a fixed rate is levied per sq ft of the area of the flat. If the rate is 3 per sq ft and you have a flat of 1000 sq ft then you will be charged INR 30000 per month.
What is society maintenance?
This is known as the society maintenance charge. These fees may be set by the general body, but 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.
What happens if maintenance is not paid?
In case the amount is not paid,
orders of arrest and imprisonment may be passed against the respondent on that date
. It noted that the man has been directed by the trial court and the decision upheld by the top court and the high court to pay money to his wife under two heads which include monthly maintenance of Rs.
Can builders charge maintenance before possession?
No, the builder cannot ask for maintenance for a property which is not yet in possession of the buyer
. If the builder is charging such maintenance from you, you can file a RERA Complaint or a complaint in consumer court.
What are the 4 types of maintenance?
Four general types of maintenance philosophies can be identified, namely
corrective, preventive, risk-based and condition-based maintenance
.
Can builder take GST on maintenance?
Yes, maintenance charges paid by residents to the Resident Welfare Association are exempt up to Rs. 7,500
. In case the amount charged exceeds Rs. 7,500 per month per member, GST is chargeable on the entire amount charged.
Is builder responsible for maintenance for unsold flats?
The builder wil have to pay for its maintenance until the property is sold and thence the owner shall pay
. The maintenance charges have to be paid by all the owners, whether the apartments are occupied or not. The maintenance charges for unsold flats should be borne by the builder till they are sold.
Do builders charge maintenance before OC?
Builder Can’t Levy Maintenance Charge On Flat Purchasers Without Obtaining Occupancy Certificate
: NCDRC. The National Consumer Disputes Redressal Commission (NCDRC) has recently held that in the absence of obtaining an occupancy certificate, maintenance on the project cannot be charged from the buyers.
Can builders charge maintenance before society formation?
builder cannot compel you to pay day to day expenses until completion certificate has issued and society has formed
. builder has already received society fee which is to be transferred in the favour of society after its formation.
Can there be 2 different bank accounts for maintenance of a single housing society?
No, there can’t be two different bank accounts for maintenance of a single housing society
.
Can builder ask for transfer fee?
There is no legal basis on which a builder can levy transfer charges on the apartment owner
. However, numerous complaints have been brought to the forefront related to illegal demand of transfer fee by the builder.
How do you calculate the maintenance cost of a building?
The total cost for the month is divided by the overall area of the property which gives the per sq ft rate for maintenance for the month
. This is multiplied by the unit area of each home to arrive at individual contribution towards the maintenance for the month.
Can society increase maintenance charges?
The court held that each member of the society is getting equal facility and
it would be completely discriminatory and irrational to increase maintenance charges on members who have larger plots considering the facilities being provided to each of the members are the same.
Can husband refuse paying maintenance?
If he fails to comply and the woman files a petition within a year of him failing to do so,
the magistrate can issue a warrant for levying the due amount and can even sentence him, after the execution of the warrant, to imprisonment of up to one month.
Can working wife get maintenance?
With the passage of time, the ‘home maker’ status of women in India has undergone considerable changes. A woman is no more tagged as just a housewife. Infact, she has successfully established herself as a working woman.
Is it compulsory to pay maintenance to wife?
The Court said 25% is a “just and proper” amount for alimony as husband might have to take care of the needs of his family, if he has remarried. The section 125 states the wife asking for maintenance can be of any age—minor or major.
It is mandatory for her to be a legally married woman
.
Can builder give possession without OC?
RERA to the rescue: According to the RERA laws, the builders have to mandatorily require the OC before they let the homebuyer have the possession of the unit.
Offering the possession without OC is a breach of the law and punishable
.
Can builder charge maintenance after OC?
The builder can charge the maintenance from the date when the owner take possession of flat
. Once the possession is handed over to owner then It doesn’t matter that OC have been obtained or not.
How do I collect unpaid maintenance?
If a resident has not paid his maintenance due till the decided due date, you may give a written notification of 12 days extra to make the payment, and then a grace period of 3 days. If still not paid,
discuss with the Management Committee and send a notice to the defaulter
.
Which type of maintenance is most effective?
- It is regularly performed on a piece of equipment to lessen the likelihood of it failing.
- It is performed while the equipment is still working so that it does not break down unexpectedly.
- It is a most effective maintenance.
Is maintenance an engineer?
Maintenance engineering is
the discipline and profession of applying engineering concepts for the optimisation of equipment, procedures, and departmental budgets to achieve better maintainability, reliability, and availability of equipment
.
What are the 2 types of maintenance?
Most types of maintenance fall under two main categories:
preventive and corrective
. Preventive maintenance is when you proactively initiate tasks and maintenance plans to prevent failures from occurring.
Are maintenance charges taxable?
The expenditure on maintenance services is not to be deducted from income from house property
and neither the income from maintenance charges recovered is to be treated as income from house property.
Is GST charged on repairs and maintenance?
The Central Board of Indirect Taxes and Customs (CBIC) notified that
5% GST payable Maintenance, repair, or overhaul services
in respect of ships and other vessels, their engines, and other components or parts.
Can we claim ITC on maintenance charges?
Under GST ITC can be availed for anything used for the purpose of business except specific cases mentioned in GST law where ITC is not allowed.
You can get ITC for the repair and maintenance charges if it is for the purpose of business
.
