common area expenses distribution among apartment residents in kanpur up.


Sir,
we live in an apartment complex measuring 6.25 acres with 8 towers housing different sized flats in each tower
A block 1 bdr flats 60
B block 2 bdr flats 120
C block 3 bdr flats 114
D block 4 bdr flats 38
D2 block 2 bdr n 3 bdr flats. 74

No services are provided inside the flats. there are a number of staff working in the common areas under each building which has lifts and facilities which are equal in all respects in each block.
there are 15 guards who keep vigil at the gate and common areas exposed to all residents.

the problem is the flat owners bear the cost of common area expenses per sq ft size of the flat and so the bigger flat owners bear the brunt maximum though the salary of staff in common areas should be divided per head.

we have requested a number of times but the society does not listen and so approached the society Registrar office with a complaint but they are not helping siting UP apartment act.
please inform what remedy we have.
we have cited Ruling of the Bombay High court wherein bigger sized flats need not pay more it's not helping.
please advise us what to do
 
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Advocate

To my knowledge, the provisions of Section 18(1) apply the issue -

Section 18 - Common profits, Common expenses and other matters 

(1) The common profits of the property 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. 

Hence the relevant aspect is the percentage of undivided interest of each apartment owner. Is it equal or otherwise? Provisions of Section 5 inform, as I could understand, that such undivided interest to be proportional to the area of the apartment.

Section 5 - Rights of Apartment Owners

(1) Every person to whom any apartment is sold or otherwise transferred by the promoter shall subject to the other provisions of this Act, be entitled to the exclusive ownership and possession of the apartment so sold or otherwise transferred to him.

(2) Every person who becomes entitled to the exclusive ownership and possession of an apartment shall be entitled to such percentage of undivided interest in the common areas and facilities as may be specified in the Deed of Apartment and such percentage shall be computed by taking, as a basis, the area of the apartment in relation to the aggregate area of all apartments of the building.

(3) (a) The percentage of the undivided interest of each apartment owner in the common areas and facilities shall have a permanent character, and shall not be altered without the written consent of all the apartment owners and approval of the competent authority.

(b) The percentage of the undivided interest in the common areas and facilities shall not be separated from the apartment to which it appertains and shall be deemed to be conveyed or encumbered with apartment, even though such interest is not expressly mentioned in the conveyance or other instrument. 

Hence the present arrangement, in view, appears to be fair, just and equitable.


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