I live in a building that has 10 flats of various sizes, ranging between 600sqft and 2,000sqft. All flat owners had been paying the same maintenance charge till a few days ago, when it was raised to Rs 550 from Rs 450. But the owner of a 600sqft flat on the ground floor refused to pay more than Rs 450. He has set up a wholesale medicine distribution agency in the flat. Can a flat in a residential building be used for commercial purpose?

Some other small flat owners, too, have opposed the method of calculating the maintenance charge. What is the correct method?

B.N., Calcutta

Many residential buildings follow the equal maintenance charge policy. If the flat sizes are more or less the same and the owners have no objection, this shouldn’t pose a problem. But the best option is to calculate the maintenance charge on a proportionate basis — the bigger the flat, the higher the charge.

As for commercial usage of flats, you will have to find out if the person has taken permission from the Calcutta Municipal Corporation. If he has, he can carry on running the agency from his flat.

I have bought two adjacent flats in a complex that has flats and houses of various sizes and types. My flat is 1000sqft. There are some individual holdings consisting of G+1 and G+2 buildings. Their built-up area would be 1,500-2,000 sqft.

The association looks after general maintenance like cleaning of common space and security of gates against a monthly service charge.

Since I have two flats, I have been asked to pay double the charge whereas the individual plot owners are paying much less although some of them have increased the number of storeys in their buildings.

I am willing to pay the service charge if it is calculated on a square foot basis. Is there any way the association can be made to adopt this method so that in future, others do not face the same problem? Can a person expand his holdings for personal use but under different names?

Rajan

In such a complex with diverse sizes of residential units, the maintenance charge must be proportionate to the area of the property. The association can be made to change its method of calculating the charge if it has the backing of a majority of members. Otherwise, you can consult a lawyer.

The expanded property can be in different names — for instance, a person might build two or three flats and register them under different names — but the maintenance fee will be charged on the basis of the entire area he owns.

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