What is Society Maintenance Charges Act Karnataka?

If you ask me, is it mandatory to register apartment owners association in Karnataka, I will say Yes. In Karnataka, registering an Apartment Owners Association (AOA) is required, particularly for residential-only apartment buildings. Here, two key legal frameworks govern housing society maintenance:

• The Karnataka Societies Registration Act, 1960 (the Act under which many resident welfare associations or societies get registered).

• The Karnataka Apartment Ownership Act, 1972 (KAOA) applies to apartment owners’ associations in multi-unit residential buildings.

What is the Society Maintenance Charges Act, Karnataka?

Under the acts I mentioned above, societies or associations may collect maintenance charges from members to cover common-area maintenance, amenities, utilities, repairs, staff costs, and other shared expenses.

• The society’s bye‐laws (or the building’s rules under KAOA) generally stipulate how charges are to be calculated, whether by flat size (square footage), equal division among units, or a hybrid model.

• Charges must reflect the common facilities and services actually enjoyed by all members. They cannot be arbitrary or unfairly discriminatory.

For instance, a court in Karnataka held that a society’s resolution charging differential maintenance purely based on flat size without a rational basis could be struck down. Typical methods:

• Per sq ft basis: Charges scale with built-up area.

• Equal division: All units pay the same amount when benefits are uniform.

• Hybrid model: Fixed cost equally shared + variable cost based on size/use.

If a member feels overcharged or the basis is unfair, they can raise the issue at the society's general body meeting, challenge the resolution under the Act, or approach civil/consumer forums.

The Society Maintenance Charges Act Karnataka is governed by the provisions outlined under the Karnataka Apartment Ownership Act, 1972. They regulate the management of apartment complexes and the responsibilities of the apartment owners’ associations. The act also specifies how apartments should be managed and maintained. Read on to know more.

Karnataka Society Maintenance Charges Act 

The Karnataka Apartment Ownership Act (KAOA) of 1972 does not mandate that maintenance fees for apartment complexes be calculated only on a square foot basis. It offers a framework for apartment complex management, including the creation of bye-laws that regulate many facets of the organisation, including amenities, common areas, and financial affairs.

• This act mandates that apartment owners contribute to the maintenance of common areas and facilities in a residential society, such as lifts, gardens, security, and repairs, based on their share in the society. 

• These charges are usually determined by the apartment owners’ association or the managing committee and are intended to cover the ongoing operational costs of the building. 

• Failure to pay these maintenance charges can lead to legal action, including the imposition of penalties, and, in extreme cases, the recovery of dues through legal means. 

The Act ensures transparency and fairness in the collection and usage of these charges for the benefit of the residents. I hope you found this helpful.

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