Maintenance charge by rwa on uds or flat basis

PLakshmi (Querist) 01 March 2022 This query is : Resolved
I am an EC member of RWA an apartment in Chennai Tamilnadu. Our Association charge part amount variable on UDS basis and the Security, Office Staff Salaries, Lift AMC charges, Auditor fees are on fixed basis equally to all flats of 520 sqft to 1661 sqft as per a Resolution passed in AGM. Some aggrieved members quote Sec- 3i of TNAO Act 1994 which says Administrative, Maintenance, Repair & Replacement expenses are Common expenses. Hence as per Sec-19 these common expenses should be shared according to the percentage of Undivided Interest for each flat and on variable ie UDS basis and the Resolution is arbitrary and violation to the TNAO act 1994.

I like to have clarification on legal basis the validity of the Association method of charging Or the aggrieved members contention.

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This discussion explores whether Resident Welfare Association (RWA) maintenance charges should be calculated based on the Undivided Share (UDS) of each flat or on a fixed basis per flat. An EC member questions a resolution that charges some expenses variably on UDS and others fixedly, while aggrieved members cite the Tamil Nadu Apartments Ownership Act 1994, arguing common expenses should be shared according to UDS percentage. The Act's Section 19 suggests common expenses are indeed to be charged based on the percentage of undivided interest, not flat area.

kavksatyanarayana (Expert) 02 March 2022
What are the terms and conditions/rules & regulations of your society bylaw? You have to follow the terms and conditions/rules & regulations as mentioned in the society bylawss.

PLakshmi (Querist) 10 March 2022
Nothing is mentioned about the calculation method for the maintenance charge in the bye-law of the assn.

P. Venu (Expert) 18 April 2022
Provisions of Section 19 states -
"19. (1) The common profits shall be distributed among and the common
. expenses shall be charged to, the apartment owners according to ,the percentage.
of the undivided interest of the apartment owners in the common areas and facilities as specified in the Deed of Apartment.
(2) Every apartment owner, shall, notwithstanding his, waiver of the use
or enjoyment of any of the common areas and facilities ed the limited common
areas and' facilities or his abandonment of his apartment, be liable to be charged to the common expenses under under subsection (1)"

The provisions are that common expenses are to be charged on the basis of percentage of undivided interest in the common area (as provided in the deed of conveyance) and not on the basis of the area of the flat/apartment.

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