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COMMUNITY Forum

By : padmajairam
On : 29 April 2013

TN Apartments Act 1994- need guidance

I live in chennai. My apartment was constructed and handed over in 1991. At that time, the TN Apartment ownership act of 1994  had not yet been passed. I live in an apartment with 48 apartments with varying sq. feet as follows..

 

Size of flat in sq. ft

Number of flats in nos.

523

10

615

08

725

28

1100

03

1500

02

10000

01

 

The 10,000 Sq. feet basement belonging to the construction company - which they use as a godown. There is some open space around the apartment but no specific car space allotment to any owner and so there is a huge shortage. Owners are given priority to using a vacant parking space, while tenants are NOT given any priority  Parking space  is allotted once a slot falls vacant . Once the owner vacates, the space is allotted to the next applicant wait listed.  The maintenance charges since the past 20 years have been common for each flat - irrespective of size . The basement alone pays an equivalent of 10 apts. as maintenance.  The association has not been successful in increasing the maintenance cost over the years in keeping with the rising cost. In order to raise quick money, they want to divide the maintenance cost based on square feet per apartment. The smaller apts totalling to 46 in number are eager to let the bigger flat owners take the burden of higher maintenance. The bigger flat owners will further also have to proportionately contribute higher share for all common maintenance costs such as lift AMC, painting, repairs on a sq. feet basis as per the new rule.

My question is;  why should a mere 5 people ( having bigger flats) bear the burden of the other 46 owners -  While  the costs of servants, cleaners, water and common electricity being enjoyed is the same for all.?  To top it all, the rental value of larger flats is highly diminished as no car parking space is prioritized for the tenant occupied flats. It is obvious that tenants who can afford to pay higher rent for a 1500 sq. flat will definitely want a car park ( if ot two). when the association waives the responsibility to provide or satisfactorily take care of yet another amenity - which is car park, then does the association have the right to change the bye law  rules to go in for sq. feet calculation of maintenance by quoting the "Tamilnadu  apt. ownership act of 1994 "? They seem not to be addressing the issue in its totality.

 

Larger flats do NOT use more of the common electricity provided in the compound.

Larger flats do NOT use more of security provided in the building.

Larger flats do NOT use more of garbage collection services. Garbage is collected from their houses only one time during the day!

Larger flats do NOT use more of the lift or the garden or the open spaces or the terraces.

Larger flats do NOT use more of the association office or their management services.

 

I think its only fair to bear sq. ft. wise cost for general outer maintenance such as painting, repairs etc. as they are for the maintenance of the " outer area" which is common for all and since I occupy a larger area, I will bear cost to a larger extent. But, while I am already paying the property tax authorities for the " large internal plinth area of my flat" - why should I have to pay as per the internal area occupied by me to the association as well?. Their upkeep is only on the outside - in terms of guards, water, common electricity, elevator and AMC for the same and to add to it all - No allotted car parking space !

 

Some contend that due to bigger flat, i get bigger rent and more resale value, but that is not so in my case as both are not possible as the tenants do not want to occupy a large flat with no car parking space and hence – i get no tenants. I cannot sell my flat at premium price due to the same reason. No body wants to own a beautiful large apartment which has nothing to offer in terms of amenities.

 

please guide me. Can I , as an owner of a 1500 sq. flat,  take  legal recourse to address this issue. ( The basement which is used as godown - have an undivided share of 23%, but still the association maintains that as per the bye laws - they are given right to use the pathway and passage to bring a mini lorry to load and unload - but do not possess rights to park their vehicles inside the residential premises. The godown owners continue to cooperate in this matter by not staking a claim to parking lot allotment.

 

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