The RERA rules for society maintenance charges are as follows;
The builder must pay all maintenance fees until the project is officially handed over to the buyers.
During the sale agreement, builders can collect an advance maintenance fee, usually for a period of one to two years.
To prevent disagreements, a maintenance charge contract should be signed by both builders and buyers. The agreement should include information about the frequency of payments, rates, duration, and rationale behind the costs.
The maintenance money collected should only be used to maintain common areas and shared facilities.
All housing societies and real estate developers in India must abide by the RERA regulations regarding maintenance fees.
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Let me answer your question: can society charge maintenance before possession? In India, a society generally cannot charge maintenance fees before possession of the property. The responsibility to pay maintenance charges typically begins from the date of possession or the date when the Occupancy Certificate (OC) is issued.
Here are some key points:
Legal Obligation: The legal obligation to pay maintenance charges arises only when the allottee takes physical possession of the property or when the OC is issued, whichever is earlier.
Contractual Agreement: The terms regarding maintenance charges should be clearly mentioned in the buyer's agreement. If the agreement states that maintenance charges are applicable from a certain date, then the buyer is bound by those terms.
Consumer Rights: If a society insists on charging maintenance fees before possession without a clear contractual basis, the allottee can challenge this in consumer court.
I hope this helps!
Read More:
How to Reduce Society Maintenance Charges: Effective Methods?
Can Society Charge Maintenance Before Possession?
Srimanti
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2024-11-26T16:44:06+00:00 2024-11-26T16:44:07+00:00Comment
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