Apartment act clarification and advice
TR Madhavan
(Querist) 17 June 2016
This query is : Resolved
The Andhra Pradesh (Promotion of Construction and Ownership) Act-1987 says;
Chapter 1 - 10. Compliance with bye-laws and Covenants:-
Each apartment owner shall comply with the covenants, conditions and restrictions set forth in the Declaration and the bye-laws. Failure to comply with any of the same shall be a ground for action or other relief at the instance of the Manager or Board of Managers on behalf of the Association of apartment owners or in a proper case, by an aggrieved apartment owner.
21. Manager to cut-off, withhold, curtail or reduce essential supply or service:-
The Manager or Board of Managers of an Association of apartment owners may, after due notice of not less than seven days, for just and sufficient cause, cut-off, withhold, or in any manner curtail reduce, any essential supply or service enjoyed by an apartment owner.
Explanation:- In this section essential supply or services includes the supply of water, electricity, lights in passages and stair cases, and lifts, and conservancy of sanitary service.
31. Act to be binding on apartment owners, tenants,etc:-
All apartment owners, their tenants and employees or any other person that may in any manner use the property or any part thereof submitted to the provision of Chapter III shall be subject to this Act and to the Declaration and bye-laws of the association of apartment owners.
All agreements, decisions and determinations lawfully made by the Association of apartment owners in according with the voting percentage specified in the Declaration or bye-laws shall be deemed to be binding on all the apartment owners etc.
Our residential flat owners Association in Hyderabad is registered under Societies Act.
1.The Association doesn't have the records pertaining to who is the owner as well as tenants of the each every flat in the building.
2.There are certain members of the Association who are not paying monthly maintenance charges (MMC) on the pretext that their houses are vacant and not occupied, even though the byelaws of the Association Clause 28.2 say that all members have to pay MMC irrespective of whether their houses are vacant or under occupation.
As per the above apartment act and its clauses the Association demanded for the details like flat owners his/her contact details, with of the tenants details in a prescribed format, as we don't have details for Association records.
As there is huge amount of Monthly Maintenance Charges pending from the owners as well as tenants we have been issuing notices for payment in regular intervals. Recently issued notices to all the defaulters.
An owner who has kept his flat locked since several months, letted out recently to a tenant without clearing the Monthly Maintenance Charges to the Association. Notice was served to the tenant and the owner was was insisting for fifty percent discount on the dues. Which we refused as it is against the bye-laws of the Association.
Query:-
Our demand / request seeking contact etc details from the owners and tenants is as per law or not?
Related to payment of monthly maintenance charges demand by the Association is genuine or not?
Whether owner or tenant should abide by bye-laws or not?
In case of non-cooperation can we approach consumer council for authentication of prescribed rules and to be abide by the members?
Please give your valuable advice and oblige.
R.K Nanda
(Expert) 17 June 2016
Query too long.
P. Venu
(Expert) 18 June 2016
Many of the provisions appears to be excessive. Moreover, it appears to be doubtful whether your apartment is covered by the provisions of the Act.
The only option is to proceed against the defaulters in a civil court. As the first step, legal notices may be issued to such defaulters.
Rajendra K Goyal
(Expert) 18 June 2016
The association should entrust local lawyer and discuss in detail with him in view of the provisions, also entrust him to proceed for the pending recovery from members / tenants.
