I am living in a 4-apartment flat where I have been paying a maintenance charge of Rs. 1000/- per month for the past 6 years. I recently learnt that the remaining balance in Savings account for this collected maintenance is around Rs. 58000/-. I am now looking to rent out my apartment and so the responsibility of paying the maintenance charge will fall on the tenant hereinafter. I want to know if I can legally claim 1/4th of the current SB account balance of the hitherto totally collected maintenance minus all the expenses incurred hitherto from that apartment association. This would amount to Rs. 14500/-. Please let me know, if, in general, a vacating or selling owner can lawfully claim his share of the apartment association's current maintenance charges balance as reflected in the SB account maintained for the accumulated monthly collection over several years.
Ans: The situation you’ve described requires careful evaluation of legal, procedural, and ethical aspects. Here’s a detailed breakdown of the matter.
1. Understanding the Nature of Maintenance Charges
Maintenance charges are collected to meet shared expenses for the apartment's upkeep.
These funds cover common areas, repairs, utilities, and other operational costs.
Any surplus in the account belongs to the apartment association collectively, not individuals.
Apartment owners pay these charges as part of their shared responsibility.
2. Ownership and Claim of Maintenance Surplus
The surplus funds in the savings account are not linked to individual ownership.
These funds represent the association's collective pool, not divided shares.
Maintenance funds are typically non-refundable, even if you vacate or sell your property.
Claiming a portion of these funds might not align with legal or association rules.
3. Factors to Check Before Claiming
Association’s By-Laws: Review the rules of your apartment association. Some by-laws specify if refunds are permissible.
Documentation of Expenses: Verify that all expenses are accounted for before making any claims.
Consensus Among Members: Discuss your intent with other members and seek their approval.
Legal Framework: Maintenance contributions are often governed by the state’s apartment ownership laws.
4. Legal Perspective
Maintenance funds are considered the association’s collective asset.
These funds are used for future repairs, renovations, or unforeseen expenses.
Indian laws generally do not allow refunds of surplus to individuals.
Consult a property lawyer to understand your legal rights specific to your state.
5. Ethical Considerations
Surplus funds ensure smooth operations for all residents, including tenants.
Claiming a refund could set a precedent, causing disputes among members.
It’s essential to prioritise the association’s collective well-being over personal interests.
6. Alternative Approaches
If claiming the surplus is not feasible, consider these options:
Transfer Responsibility to Tenant: Inform the association to bill the tenant for future maintenance.
Request a Financial Statement: Ask for a detailed statement of expenses and surplus to understand fund usage.
Propose Fund Utilisation: Suggest using the surplus for common area upgrades or future maintenance.
Communicate Transparently: Discuss your concerns with the association in an open meeting.
7. Steps for Resolution
Step 1: Review the association’s by-laws and financial policies.
Step 2: Seek clarification from the managing committee about surplus usage.
Step 3: Request a written resolution from the association regarding your claim.
Step 4: If unresolved, consult a Certified Financial Planner or property expert for guidance.
8. Importance of Maintaining Healthy Relations
Maintain cordial relations with the association and other residents.
Disputes over small amounts can strain relationships and create unnecessary conflicts.
Focus on a collaborative approach to benefit all members.
9. Key Takeaways
Maintenance funds are typically non-refundable and belong to the association.
Legal and ethical considerations discourage claiming a surplus portion.
Review by-laws and discuss your concerns with the managing committee.
Seek professional guidance if clarity is required on financial or legal aspects.
Finally
Instead of pursuing a refund, consider contributing positively to the association's operations. A collaborative approach ensures a harmonious living environment and long-term benefits for everyone involved.
Best Regards,
K. Ramalingam, MBA, CFP,
Chief Financial Planner,
www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment