Contribution of members for a purchase of lift (common facility)

The area which is uncovered to construct a flat in the plot is considered as common area such as lobbies, stairs, elevators, park/garden, club etc. 

I shall explain with referernce to say a residential building. It will apply mutatis mutantis to any other jointly owned property. Suppose you own a flat in the residential building. The flat belongs to you only and no one else. But as regards the common areas such as the  passages, terrace, compound, outside electrical system, outside water system etc belong to all the members jointly. Thus you have an undivided interest in the common areas. It is a notion. The proportion of your interest will be generally specified in the byelaws of the society. Most often it will be proportional to the area of your flat. There can be other formulas also.

Section 2(i) of the Tamilnadu Apartment Ownership Act, 2022 provides for common area as under:

(i) “common areas and facilities” include,—
 (i) the stair cases, lifts, staircase and lift lobbies, fire escapes, and common entrances and exits of the project;
 (ii) the common basements, stilt, terraces, parks, play areas, open parking areas and common storage spaces;
 (iii) the premises for the lodging of persons employed for the management of the property including accommodation for watch and ward staff or for the lodging of community service personnel;
 (iv) installations of central services such as electricity, gas, water and sanitation, airconditioning and incinerating, system for water conservation and renewable energy;
 (v) the water tanks, sumps, motors, fans, compressors, ducts and all apparatus
connected with installations for common use;
 (vi) all community facilities developed in the property;
 (vii) all other portion of the project necessary or convenient for its maintenance, safety, etc.,

and in common use including limited common areas and facilities;

Probalbly you must have read above provision of law, however, it is reproduced for your ready refence.

The Tamilnadu Ownership Act deals with expenses on existing facilities. The title of your question is "Contribution of members for a purchase of lift (Common facility). It means that your existing building does not have a lift, but some members want a lift. Under such circumstances the approval of the General Body is necessary. At a General Meeting some members may say yes and some may say no. Mostly lower floor members may say no. Even some upper floor members may say no. The society can acquire the lift only if a majority (more than 50%) says yes  in a General Meeting.

We have our old Lift which is 18 years old.  We want to replace them with new one.  there are 9 blocks and 256 units  with different size. 

In your case the Tamilnadu Ownership Act 1922 will apply and you will have to share the cost in proportion to the area of your flat even if you own a large flat on the groundfloor of the building. You are saying 9 blocks. Do you mean 9 buildings each with its own lift and the lift is replaced in another building? Under the law as it stands you will have to share the cost in proportion to the area of your flat. We have two buildings. But we have separated the accounts of the two buildings. So the costs with respect to one building will not have to be shared by the members of the other building. Notwithstanding the law such a thing can be done.

do the Flat owners owns the common area / common facilities based on their flat area ?? the Act did not say undivided Share.   it only says undivided interest.  The interest in common area/ facilties is equal to all 100%. 

No, ownership of common area is with the Association of Flat owners but not individual member of the association.

Exactly sir.  when they (owners) donot own, is it not fair to share 100% of the expenses as their contribution.  When you own, you can pay as per your ownership.  Your views pls. Thanks.

The posts of Dr. Vashishta and Radhakrishnan V carry no meaning with reference to the context. The Association is buying and installing a new lift and the cost is shared by all the members of the Association. The share of each member is determined in proportion to the area of his/her flat. It is an Association of members and the members jointly meet all the expenses. There is no other source for the funds.

Asset belong to Association.  Everyone uses it equally. Then why it has to be based UDS/Sq. Ft.  It should be on per Flat basis only.  Can this be justified by legal terms ? Please help. 

The cost has to be shared in proportion to the area of the member's flat because the Tamilnadu Act says so. If any member has objection, he can go to court. Apart from Tamilnadu this is the law in Maharashtra, Gujarat and most other States. All members are not using equally. Ground floor members may not use the lift at all.

i am still not getting correct meaning and difference from the experts.

Act doen't say Undivided Share

Act says Undivided Interest.

I would accept all your version, if the Act says UDS; but it says Undivided Interest.  You have Share on Your Land. But you have interest in facilities.  How can you link both.  Your legal views pls. Thanks

Cost of replacement of assets (such as lit in instant case) shall be borne equally by all members, not in proportion to area.