Common use of Apportionment of Maintenance Expenses Clause in Contracts

Apportionment of Maintenance Expenses. The mode and manner of apportionment of maintenance expenses of the Common Areas amongst the co-owners (including the Purchaser) will be decided by the Developer so long as the Developer maintain the Complex and/or the maintenance body formed by the flat owners, as the case may be. Such apportionment of maintenance expenses shall be final and binding on the Purchaser as well as on other co-owners. The payment of the maintenance expenses of the Common Areas within the Complex, wholly or partly, as the case may be, shall be made to the Developer or to the body formed by the flat owners or to the Association when formed. On and from the “Deemed Date of Possession” of the said Flat and the Parking Spaces as mentioned in the Notice of Possession, i.e. the date as may be so decided by the Developer and notified as such to the Purchaser herein the Purchaser will be liable to pay maintenance expenses of the Common Areas and such payment of the maintenance expenses of the Common Areas of the Complex, shall be a precondition for the Purchaser to avail the benefits of user thereof and in case of non-payment of such expenses, all maintenance services to the Purchaser can be withheld by the maintenance body of the Complex for the time being and such maintenance body shall also be entitled to discontinue the services for the period of non-payment of such expenses by the Purchaser. 2.1. The Purchaser's proportionate share in all matters concerning the said Flat and / or the Said Apartment, as the case maybe, shall be the proportion which the carpet area of the said Flat bears to the carpet area of all the apartments/units of the Complex. It is clarified that while determining the proportionate share of the Purchaser to the various matters, the decision of the Developer or the Association, shall be binding on the Purchaser. 2.2. The Developer shall not be liable to make payment of maintenance charges for the unsold flats in the Complex for a period of 12 (twelve) months starting on and from the month from which the Developer starts and/or has started charging maintenance for the flats/units in the Complex. 2.3. It is agreed and declared that the built-up area of the Flat is [•] sq.ft. more or less, and the “super built up area” of the Flat is

Appears in 1 contract

Samples: Conveyance Deed

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Apportionment of Maintenance Expenses. The mode and manner of apportionment of maintenance expenses of the Common Areas amongst the co-owners (including the Purchaser) will be decided by the Developer Promoters so long as the Developer Promoters maintain the Complex and/or by the Complex Maintenance Body, if such body is in charge of the maintenance of the Complex and/or the maintenance body formed by the flat unit owners, as the case may be. Such apportionment of maintenance expenses shall be final and binding on the Purchaser as well as on other co-owners. The payment of the maintenance expenses of the Common Areas within the Complex, wholly or partly, as the case may be, shall be made to the Developer Promoters or to the Complex Maintenance Body or to the body formed by the flat unit owners or to the Association when formed. On and from the “Deemed Possession Date of Possession” of the said Flat and the Parking Spaces as mentioned in the Notice of Possession, i.e. the date as may be so decided by the Developer and notified as such to the Purchaser herein the Purchaser will be liable to pay maintenance expenses of the Common Areas and such payment of the maintenance expenses of the Common Areas of the Complex, shall be a precondition for the Purchaser to avail the benefits of user thereof and in case of non-payment of such expenses, all maintenance services to the Purchaser can be withheld by the maintenance body of the Complex for the time being and such maintenance body shall also be entitled to discontinue the services for the period of non-payment of such expenses by the Purchaser. 2.15.1. The Purchaser's proportionate share in all matters concerning the said Flat Said Space and / or the Said ApartmentUnit, as the case maybe, shall be the proportion which the carpet area of the said Flat bears Said Space bear to the carpet area of all the apartments/units of the Complex. It is clarified that while determining the proportionate share of the Purchaser to the various matters, the decision of the Developer Promoters or the AssociationAssociation and/or the Complex Maintenance Body, as the case maybe, shall be binding on the Purchaser. 2.25.2. The Developer Promoters and/or the Developer, as the case may be, shall not be liable to make payment of maintenance charges for the unsold flats unit in the Complex for a period of 12 18 (twelveeighteen) months starting on and from the month from which the Promoter/Developer starts and/or has started charging maintenance for the flats/units in the Complex. 2.3. It is agreed and declared that the built-up area of the Flat is [•] sq.ft. more or less, and the “super built up area” of the Flat is

Appears in 1 contract

Samples: Conveyance Deed

Apportionment of Maintenance Expenses. The mode and manner of apportionment of maintenance expenses of the Common Areas amongst the co-owners (including the Purchaser) will be decided by the Developer Owner so long as the Developer maintain Owner maintains the Complex and/or by the Complex Maintenance Body, if such body is in charge of the maintenance of the Complex and/or the maintenance body formed by the flat owners, as the case may be. Such apportionment of maintenance expenses and/or such fixation of maintenance expenses payable by the Purchaser herein as also by all the purchasers/occupants of all other flats shall be always calculated and be made payable by the purchasers/occupants of all other units on the basis of the super built up area of the Flat as mentioned in Part I of the Sixth Schedule hereunder written and such fixation of the maintenance expenses so fixed on super built up area basis shall be final and binding on the Purchaser as well as on other co-owners. The payment of the maintenance expenses of the Common Areas within the Complex, wholly or partly, as the case may be, shall be made to the Developer Owner or to the Complex Maintenance Body or to the body formed by the flat owners or to the Association when formed. On and from the “Deemed Possession Date of Possession” of the said Flat and the Parking Spaces as mentioned in the Notice of Possession, i.e. the date as may be so decided by the Developer and notified as such to the Purchaser herein the Purchaser will be liable to pay maintenance expenses of the Common Areas and such payment of the maintenance expenses of the Common Areas of the Complex, shall be a precondition for the Purchaser to avail the benefits of user thereof and in case of non-payment of such expenses, all maintenance services to the Purchaser can be withheld by the maintenance body of the Complex for the time being and such maintenance body shall also be entitled to discontinue the services for the period of non-payment of such expenses by the Purchaser. 2.110.1. In case the Owner is constrained to maintain the Complex either by itself or through the Complex Maintenance Body, as the case may be, for a period of more than 3 (three) months after obtaining the completion certificate then, and in such event, the Purchaser shall pay to the Owner or to the Complex Maintenance Body, as the case may be, maintenance fee for all the efforts to be done by the Owner and/or the to the Complex Maintenance Body, as the case may be, to be calculated @ 15% of the maintenance charges/expenses payable by the Purchaser and such maintenance fee shall be continued to be payable by the Purchaser to the Owner or to the Complex Maintenance Body, as the case may be, until the maintenance of the Complex is handed over to the Association. 10.2. The Purchaser's proportionate share in all matters concerning the said Flat and / or the Said Apartment, as the case maybe, shall be the proportion which the carpet area of the said Flat bears bear to the carpet area of all the apartments/units of the Complex. It is clarified that while determining the proportionate share of the Purchaser to the various matters, the decision of the Developer Owner or the AssociationAssociation and/or the Complex Maintenance Body, as the case maybe, shall be binding on the Purchaser. 2.210.3. The Developer Owner shall not be liable to make payment of maintenance charges for the unsold flats in the Complex for a period of 12 18 (twelveeighteen) months starting on and from the month from which the Developer Owner starts and/or has started charging maintenance for the flats/units in the Complex. 2.310.4. It In accordance with Section 16 of the Real Estate (Regulation and Development) Act 2016, the Owner or the Complex Maintenance Body, as the case may be, shall, (in case the maintenance is agreed not handed over to the Association within a period of 2 (two) years from the date of completion certificate) obtain all applicable insurances as may be notified by the Government of West Bengal, subject to availability, and declared that shall pay the built-premium and charges in respect of such insurances till the Common Areas of the Complex are handed over to the Association. The Purchaser shall contribute (proportionately on the basis of the carpet area or super built up area of the Flat is [•] sq.ft. more or lessas may be so decided) towards the premium and charges payable for a period of 2 vears from the date of receipt of completion certificate/ partial completion certificate, and as the “super built up area” case may be, of the Flat isComplex, which amount would be paid by the Purchaser as and when demanded from the Purchaser.

Appears in 1 contract

Samples: Conveyance Deed

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Apportionment of Maintenance Expenses. The mode and manner of apportionment of maintenance expenses of the Common Areas amongst the co-owners (including the Purchaser) will be decided by the Developer Promoter so long as the Developer maintain Promoter maintains the Complex and/or by the Facility Management Entity, if such body is in charge of the maintenance of the Complex and/or the maintenance body formed by the flat owners, as the case may be. Such apportionment of maintenance expenses shall be final and binding on the Purchaser as well as on other co-owners. The payment of the maintenance expenses of the Common Areas within the Complex, wholly or partly, as the case may be, shall be made to the Developer Promoter or to the Facility Management Entity or to the body formed by the flat owners or to the Association when formed. On and from the “Deemed Possession Date of Possession” of the said Flat and the Parking Spaces as mentioned in the Notice of Possession, i.e. the date as may be so decided by the Developer and notified as such to the Purchaser herein the Purchaser will be liable to pay maintenance expenses of the Common Areas and such payment of the maintenance expenses of the Common Areas of the Complex, shall be a precondition for the Purchaser to avail the benefits of user thereof and in case of non-payment of such expenses, all maintenance services to the Purchaser can be withheld by the maintenance body of the Complex for the time being and such maintenance body shall also be entitled to discontinue the services for the period of non-payment of such expenses by the Purchaser. 2.1. The Purchaser's proportionate share in all matters concerning the said Identified Flat and / the Identified Store Room and the car parking spaces and/ or collectively the Said Apartment, as the case maybe, shall be the proportion which the carpet area of the said Identified Flat bears and the Identified Store Room bear to the carpet area of all the apartments/units units/flats/store rooms of the Complex. It is clarified that while determining the proportionate share of the Purchaser to the various matters, the decision of the Developer Promoter or the AssociationAssociation and/or the Facility Management Entity, as the case maybe, shall be binding on the Purchaser. 2.2. The Developer shall not be liable to make payment of maintenance charges for the unsold flats in the Complex for a period of 12 (twelve) months starting on and from the month from which the Developer starts and/or has started charging maintenance for the flats/units in the Complex. 2.3. It is agreed and declared that the built-up area of the Flat is [•] sq.ft. more or less, and the “super built up area” of the Flat is

Appears in 1 contract

Samples: Conveyance Deed

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