Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
There is no explicit prohibition in the provided sources against collecting maintenance charges on a square feet basis; however, the legality and fairness depend on the governing laws and community agreements.
Analysis and conclusion:
References:- ["Ch. Hari Govinda Khorana Reddy vs State of Telangana - Telangana"]- ["MR.SHAIK AHAMMAD ALI BABA vs SAHITI INFRATEC VENTURES INDIA PVT LTD ITS MANAGING DIRECTOR - Consumer State"]- ["CBAL SDN BHD vs MENARA SAFUAN JOINT MANAGEMENT BODY - High Court"]- ["CBAL SDN BHD vs MENARA SAFUAN JOINT MANAGEMENT BODY - High Court"]
Living in a gated community offers security, amenities, and convenience, but it often comes with ongoing maintenance fees. One common question among residents is: whether maintenance charges can be collected on square feet basis in gated community? This debate arises frequently as societies and developers seek fair ways to fund common areas like roads, parks, security, and utilities.
In this post, we'll explore the legal validity of per square foot levies, drawing from apartment agreements, court judgments, and related cases. While this provides general insights based on precedents (primarily in India), it's not specific legal advice—consult a lawyer for your situation.
Maintenance charges can be collected on a square feet basis in gated communities or multi-storeyed apartment complexes. This method is explicitly outlined in agreements for common areas and services and has been upheld—or adjusted—by courts in residential and commercial contexts. Uniworld Garden Apartment Owners Association VS Unitech Realty Private Ltd. - 2018 0 Supreme(Del) 999Infinity Infotech Parks Limited VS Shiva Jute Mills Private Limited Through Chief Executive (Authorised Signatory) - 2020 3 Supreme 110
Per square foot charges are a staple for equitable sharing based on space usage. In multi-storeyed buildings, they fund shared facilities. A lease for office areas mandated: Rs.15 per sq. ft. per month as maintenance charges inclusive of taxes. Infinity Infotech Parks Limited VS Shiva Jute Mills Private Limited Through Chief Executive (Authorised Signatory) - 2020 3 Supreme 110 This mirrors gated community needs like garbage disposal, fire safety, and parks.
Gated projects like Sahiti Sarvani Elite explicitly promote such features, with receipts for payments tied to project amenities. MR.SHAIK AHAMMAD ALI BABA vs SAHITI INFRATEC VENTURES INDIA PVT LTD ITS MANAGING DIRECTOR - 2025 Supreme(Online)(SCDRC) 13460 Similarly, in Rolling Hills Gated Community, resident disputes over common areas (e.g., footpaths turned parking) highlight association powers for maintenance, indirectly supporting structured levies. Sri. Vankayalapati Umesh vs The State of Telangana - 2025 Supreme(Online)(Tel) 41209Sri. Vankayalapati Umesh vs The State of Telangana - 2025 Supreme(Online)(Tel) 18878
Courts enforce but ensure fairness. Non-payment despite occupancy is frowned upon, as charges support essential services. In condominium cases, holding charges were Rs. 10 per sq. ft. until maintenance handover to associations. Utpal Trehan VS DLF Home Developers Ltd. - 2022 0 Supreme(SC) 605
In infrastructure contexts, boards like BWSSB condition water works on payments like Rs.60/- per sq. ft. from gated community owners, affirming area-based collections. THE BANGALORE CITY CO-OPERATIVE HOUSING SOCIETY LAYOUT WELFARE ASSOCIATION vs THE STATE OF KARNATAKA - 2025 Supreme(Online)(KAR) 5978
Gated communities function like mini-townships, where per square foot (or meter) levies align with built-up area usage. Courts reject demands for full amenities first, enforcing contributions for bona fide use. Bhalchandra Anandrao Kango VS State of Maharashtra - 2004 0 Supreme(Bom) 227
Even in land acquisition or sales, square feet basis is standard for valuation, as seen in cases fixing market value per sq. ft. for punja land sales. The Special Tahsildar VS Saman (died) & Others - 2009 Supreme(Mad) 4246 Consumer agreements include such charges, like Interest Free Maintenance Charges (IFMC) @Rs.10/- per square feet. EMAAR MGF Land Ltd. VS Dyal Singh
While generally valid, charges must link to services:- Proportionality Required: Arbitrary hikes (e.g., double for commercial without extras) are invalid; equitable sharing prevails. SUNANDA JANARDAN RANGNEKAR VS RAHUL APARTMENT NO. 11 CO-OPERATIVE HOUSING SOCIETY LTD - 2005 0 Supreme(Bom) 1027- Adjustments Possible: Discounts apply for absent services, like the 50% cut above. Infinity Infotech Parks Limited VS Shiva Jute Mills Private Limited Through Chief Executive (Authorised Signatory) - 2020 3 Supreme 110- Alternative Methods: Flat rates per unit exist in some societies, but sq. ft. is proportionate for varying flat sizes and not prohibited. SUNANDA JANARDAN RANGNEKAR VS RAHUL APARTMENT NO. 11 CO-OPERATIVE HOUSING SOCIETY LTD - 2005 0 Supreme(Bom) 1027- Procedural Fairness: Valuations need prima facie evidence; unilateral hikes without records can be challenged, as in stamp duty disputes. M. Chinnasamy VS Chief Revenue Control Officer -cum- Inspector General of Registration - 2014 Supreme(Mad) 4285Gajini Mohammed VS The Sub-Registrar, Chithamoor Sub Registration Office, Kancheepuram District & Others - 2009 Supreme(Mad) 3915
In gated disputes like Rolling Hills, courts upheld association decisions on common infrastructure if compliant with plans. Sri. Vankayalapati Umesh vs The State of Telangana - 2025 Supreme(Online)(Tel) 18878
In projects like Pebble Beach gated villas, disputes over enhancements underscore clear contractual terms. Blue Nile Developers Private Limited VS Movva Chandra Sekhar S/o Ramachandra Rao - 2021 Supreme(AP) 1044
Per square foot maintenance charges are legally sound for gated communities, promoting fairness based on area. Courts consistently back this, with tweaks for equity. However, transparency and linkage to services are crucial.
Key Takeaways:- Valid under agreements and precedents. Uniworld Garden Apartment Owners Association VS Unitech Realty Private Ltd. - 2018 0 Supreme(Del) 999Infinity Infotech Parks Limited VS Shiva Jute Mills Private Limited Through Chief Executive (Authorised Signatory) - 2020 3 Supreme 110- Proportionate to built-up area; adjustments for service gaps.- Challenge via legal channels if unfair.- Always check bye-laws and consult professionals.
Stay informed on real estate laws to protect your interests in gated living. For personalized advice, reach out to a legal expert.
#GatedCommunityLaw, #MaintenanceCharges, #RealEstateIndia
in the gated community. ... The Clubhouse was constructed in a plot area of 2,170 square meters which consists of gymnasium, Yoga room, library/reading room, conference hall, canteen, 11 separate rooms to the guests of residents of all villa owners (on rent basis). ... the decency and decorum of the Clubhouse of the gated community. ... Since then he had been staying in the said villa by paying all the requisite charges to the Municipal, Electricity Department includi....
Ex.A1 is the brochure relating to Sahiti Sarvani Elite (world class gated community) Project. Ex.A2 is the legal notice dt.08.05.2023. Ex.A3 are the receipts issued by the Opposite Party in favour of the Complainant for the payments made by him to the Opposite Party. ... Opposite Party is a company dealing in real estate business and through its several employees made vide publicity of the special features of the residential flats to be constructed in the venture by name “Sahiti Sarvani Elite project” a world class gated communi....
Ex.A1 is the brochure relating to Sahiti Sarvani Elite (world class gated community) Project. Ex.A2 is the legal notice dt.08.05.2023. Ex.A3 are the receipts issued by the Opposite Party in favour of the Complainant for the payments made by him to the Opposite Party. ... Opposite Party is a company dealing in real estate business and through its several employees made vide publicity of the special features of the residential flats to be constructed in the venture by name “Sahiti Sarvani Elite project” a world class gated communi....
The petitioner is the resident of the Rolling Hills Gated Community situated at Gachibowli, Hyderabad. He owns a villa in Plot No.B-34 in the said gated community. ... The grievance of the petitioner is that respondent No.4 Association has removed the footpath in the gated community and utilising the same for parking area. ... The work undertaken by respondent No.4 is for the common road of the gated community and to ease the traffic congestion. 8. .....
The petitioner is the resident of the Rolling Hills Gated Community situated at Gachibowli, Hyderabad. He owns a villa in Plot No.B-34 in the said gated community. ... The grievance of the petitioner is that respondent No.4 Association has removed the footpath in the gated community and utilising the same for parking area. ... after leaving 6 feet on either side for greenery and footpaths in the 40 feet road and similarly a clear carriage way of 40 #....
The petitioner is the resident of the Rolling Hills Gated Community situated at Gachibowli, Hyderabad. He owns a villa in Plot No.B-34 in the said gated community. ... The grievance of the petitioner is that respondent No.4 Association has removed the footpath in the gated community and utilising the same for parking area. ... The work undertaken by respondent No.4 is for the common road of the gated community and to ease the traffic congestion. 8. .....
I further submit that in view of the financial constrain to complete the project, the said subject was brought before the third Board meeting held on 20/06/2024 and it was decided that Rs.60/- per sq. ft., was to be collected from the site owners of the BDA approved layouts, gated communities and group ... In light of the above affidavit, it is clear that the BWSSB has agreed to execute the necessary works subject to the petitioner paying a sum of Rs.60/- per square feet and this condition is also state....
The lower court could have calculated the value based on cent basis instead of square feet basis. But it had resorted to on the available square feet furnished in Ex.A1. ... community people. ... The said sale was calculated for a sum of Rs.10,000/- for an extent of 2400 sq.ft. In S.No.412/1 out of 2 acres 68 cents. There is no dispute that the land comprised in Ex.A1 sale deed was punja land but it has been sold on square #HL_START....
Strata Management Act 2013 by imposing maintenance/service charges based on the square feet of area on the defendant. ... PD Jadi setuju dengan saya bahawa kadar bayaran ataupun caj penyelengaraan yang dikenakan ke atas Defendan adalah berdasarkan kepada built up size ataupun per square feet? SP3 Setuju per square feet. ... ... [17] Hence, in this appeal, the main issue is whether management bodies are allowed to charge maintenance rates based on ....
Strata Management Act 2013 by imposing maintenance/service charges based on the square feet of area on the defendant. ... PD Jadi setuju dengan saya bahawa kadar bayaran ataupun caj penyelengaraan yang dikenakan ke atas Defendan adalah berdasarkan kepada built up size ataupun per square feet? SP3 Setuju per square feet. ... ... [2019] 3 CLJ 812 , where Her Ladyship Faizah Jamaludin JC (as Her Ladyship then was) held that the calculation method of "square#....
The learned counsel for the petitioner further submits that the infrastructure construction projects include the construction of highways streets and roads, bridges, water supply and resources and waste management and waste water management and power generation and transmission etc. Hence the provisions of the Act cannot be extended to the subject project and the subject matter of the suit. but not the construction of gated community villas. The expression used in Section 2(1)(c)(vi) of the Act i.e. “construction and infrastructure contracts” shall be read as one sentence b....
A gated community, Residential complexes in today's context of “development” can also be brought within the scope of 'dwelling house'. The simple meaning of that is the land attached to a house.
The price of the said unit was Rs.48,65,580.50Ps., which included Rs.1.50 lacs, towards per car parking, External Development Charges @Rs.112.31Ps. per square feet, and Interest Free Maintenance Charges (IFMC) @Rs.10/- per square feet. Apartment Buyer’s Agreement, was executed between the parties, on 17.06.2008, at Chandigarh. The respondent opted for installment payment plan, in respect of the said apartment.
4. It was the claim of the respondents that the property should be sold only on square feet basis and on the basis of guideline value and if the value is fixed on square feet basis, the value of the land can be fixed at the rate of Rs.15/-per square feet. Keeping that in view, provisional notice in Form No.I of Rule 4 of the Tamil Nadu Stamp (Prevention of Undervaluation of Instruments) Rules, 1968, was issued, directing the appellant to remit the deficit stamp duty of Rs.92,818/-and Rs.62,987/- respectively, in respect of those two documents referred supra.
Without verifying any records, the Tahsildar had been deputed for valuation and a conclusion regarding land value was arrived at unilaterally. The show cause notice says that the property was valued on square feet basis, but the property has been purchased for agricultural purpose and as such, the property cannot be valued on square feet basis.
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