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padmajairam (behavioral assessor)     07 May 2013

Apt. maintenance rules changed by brute majority

 

Background:  Our apartment established before 1994 TN apartment act.  We have 51 apartments. 10 of them are of 500 sq. feet. 36 flats of 750 sq. ft and only 5 having 1500 sq. ft. one basement used as Godown, with a valid agreement to do so is of 11,000 sq. ft. The godown is used to store office stationary of Sriram Group and they have agreed in writing to use only pathway for lorry and not use any parking space within complex.

Now the smaller flat owners ( 46 numbers) are a majority - are quoting the TN  Apartment Act 1994 as reference to amend byelaws so that each flat pays as per the internal plinth area. And not equal amount for each unit as was being done for past 20 years. Earlier Byelaws was drafted to treat all as euqal because there is NO parking space availability for all 51 flats.  Only  20 cars can be parked at a time. Many owners are wait listed - for a slot to fall vacant. So, initially the byelaws treated all small and large flat owners as equal to remove any prejudice in terms of  big and small owners.  

 The TN Apartments act of 1994. (under serial nos. 1-6)stipulates  a detailed account of each of the 51 flats + basement in terms of plinth area, proportionate percentage of interest of each apartment owner in common area and facilities, proportionate percentage of interest of each owner in each amenity ( including car parking and all common facilities), flat wise proportionate voting percentage. This study then must be submitted to a magistrate, who will appoint his own personnel to verify each fact . After approval,  every flat owner – gets a registered Deed of Apartment.  

My question: When changing the byelaws, is it necessary for the association to also take note of all the above legal stipulations ( and submit all the above details to a Magistrate ) in the Act OR can they just, by brute majority,  amend the bye-laws without providing a proportionate increase in voting and amenity rights to the 6 bigger flat owners ( who are a minority).?

Our association has not yet legally renewed it registration status. 

Previously, in the year 1997, the then association approached a magistrate to carry out the above requirements. The  magistrate however rejected their request due to a lack of personnel to carry out such a tedious job. He recommended sticking to  ALL EQUAL status . 

Please guide me on my locus standi . i am a large flat owner. i need to know my legal standing and can i contest this matter in court. 



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