Respected lawyers,
I am very much thankful for your social service with free legal guidance to the public.
. My apartment is having 7 flats with (G+2Floores) with the facilities of lift / water treatment plant with the status of ‘deluxe’. This apartment’s architect is very peculiar that none of the flat identical to other flat as well as the undivided share in the Regd. Sale deed. My “uds” is lowest of 369sq.ft. & the highest flat’s“uds”is 720 sq.ft. As I am living in the G.floor, even the lift utility is very much meager. The assn. is having heavy annual expenses of lift “AMC” / Ins. Exp. / license renewal / Security etc., and collecting the Mly. Maintenance equally.
I have submitted the article written by R.L. Narayanan, partner, RANK Associates, Advocates, Chennai From THE HINDU Know your way: Apartment associations need to understand issues before tackling them.
and also THE TAMIL NADU APARTMENT OWNERSHIP ACT, 1994 .(Act No. VII of 1995).
In the fist meeting the Assn. accepted to collect the mly. Maintenance charges proportionate to the % of “UDS and minutes of the meeting passed in the assn. to produce the individual flat owners to confirm their UDS holding to arrive the maint. Charges proportionate to their holding interest.
But On the next meeting one of the owner who is having highest UDS objected for the maint. Charges on the UDS basis as well as objected for Assn. Regn. Under Tamil Nadu Co-operative Societies Act, 1983. Two of the low “UDS” flat owners are very much particular for colln. Of maint.charges Under ‘UDS’ basis and 2 of the highest “UDS” holders supporting for equal contribution and 2 others owners maintain neutral and one person is a tenant not taking part in the argument.
None of the flat is same “UDS”, as well as I am the least share “UDS” holder I am very much particular that my maintenance contribution should be on the basis of “UDS” only.
Kindly help by giving your valuable guidance of my further move on the following clarifications, please.
1. The 1ST. argument is the act says “Un Divided Interest “ as against in our Regd. Sale deed it is mentioned as “Un Divided Share". The particular member is arguing that both are not having the same meaning.
2. If one member is insisting for the registration of apartment society & others are against this proposal How to get the act benefit of “Maintenance charges to be on the “UDI” .& to take up the matter to the Registrar of co operative without the assn. registration.
3. To my understanding the act is to support the weaker section’s legal rights and financial commitment remedy in such unusual layer discriminations. And to avoid the misunderstanding and dominations. in the apartment owners assn.
4. Kindly explain whether I can get the benefit of my contribution on the basis of my regd. Doc’s “UDI” holding . If it is possible the steps to be taken by me may kindly be guided step by step , please
With Kind Regards
K.Chandrasekar.
ATTACHMENT:- A PART OF THE ARTICLE FROM THE HINDU
Online edition of India's National Newspaper
Saturday, Nov 10, 2007
Know your way: Apartment associations need to understand issues before tackling them.
Apartment owners often face doubts about apartment associations, their functions and powers. Issues of maintenance, accounts and errant owners and tenants daunt them. How to allot car parking? Can amenities be terminated? Such queries recur and require clarification. Some of the important issues are compiled here and addressed in the form of Frequently Asked Questions (FAQ).
How is the levy of maintenance charges to be calculated?
The maintenance charges and expenses have to be calculated on the basis of undivided percentage of interest of the apartment owners in the common areas and facilities. There is also a practice of levying the charges on the basis of a number of units owned even though the units may be of different sizes. The acceptance by a owner for payment on the basis of a number of units owned regardless of size, will not prevent the owner concerned to claim that the owner should be charged on the basis of the undivided interest held by such owner. The charges are payable by a tenant or occupant, if the owner is not in occupation of the premises.
R.L. Narayanan, partner, RANK Associates, Advocates, Chennai.
