Is It Mandatory to Pay a Maintenance Fee If We Bought an Apartment but Don’t Live in It?

Introduction

The maintenance expenses in apartment complexes are divided among the owners based on the number of flats or apartments in the society. This article aims to elucidate whether it is mandatory to pay maintenance fees when an apartment is not being personally occupied. It outlines the responsibilities and exceptions related to paying maintenance fees, particularly when the apartment is vacant.

General Obligation to Pay Maintenance Fees

As an apartment owner, it is imperative to pay the monthly maintenance fees, which cover various common expenses within the society. Regardless of whether you reside in the apartment or are renting it out, the responsibility for paying these fees remains with the owner. If the apartment is rented, the tenant is responsible for paying the maintenance fees. However, if the apartment is vacant, the owner is still required to pay the fees.

Legal and Societal Regulations

Laws and bylaws play a crucial role in determining the payment of maintenance fees. In some cases, the Societies Act and General Body Meetings (GBMs) may have specific regulations. These regulations are binding on all members of the society and ensure compliance. For example, if the GBM has passed a resolution that mandates every owner to pay maintenance fees, it is mandatory to comply, even if the apartment is not being lived in. However, in rare instances, GBMs may decide to waive or reduce maintenance fees for vacant flats, but such decisions must generally be agreed upon by over 50% of the society members.

Consequences of Non-Payment

Failure to pay the maintenance fees, even if you are not living in the apartment, can lead to penalties. The maintenance fees are used to maintain common areas and facilities such as housekeeping, security, and general upkeep of the society. Not paying these fees can result in fines and other legal actions by the association. It is essential to understand that the welfare association relies on these fees to manage the shared resources and ensure the smooth functioning of the society.

Examples and Exceptions

It is not uncommon for some societies to have unique rules regarding vacant flats. In such cases, the maintenance fees for a vacant flat may be reduced, but this is decided through the GBM process. Typically, such reductions require a majority vote and are not automatically applied. If you are a tenant or a homeowner and are not staying in the apartment, it is advisable to check with the society's rules and regulations to understand the specific requirements.

Conclusion

While it is generally mandatory for apartment owners to pay maintenance fees, there are exceptions based on societal rules and regulations. It is crucial to familiarize yourself with the specific bylaws and GBM decisions of your society to avoid any conflicts regarding the payment of these fees. Ensure that you are aware of the potential penalties and consequences of non-payment.