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

Thanks Dr Vashista.  Dear Members, do we have any court judgement from Tamilnadu on this, as we are governed by Tamil Nadu Apartments Ownership Act, 2022.  This will help me to convince the members and go further in replacing the Lifts. Thanks again.

@Radhakrishnan V. The matter is (1) There ha been expenditure on the replacement if the lift.(2) How the expenditure is to be shared among members. Both these are clear under the law. There the matter ends. Other discussions are just intellectual exercises and a waste of time.

@Dr. J.C.Vashista: There is the Tamilnadu Law and the law says how the expenditure is to be shared. If one wants to challenge the law itself one may have to go to court probably High Court or the Supreme Court. To the best of my knowledge the law is the same in all the States where there is the law.

You can move in PIL before Madras High Court and challange the law.

In this context, the following provisions of the TNAO Act repays study -

8. Common areas and facilities:

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(3) The work relating to the maintenance, repair and replacement of the common areas and facilities and the making of any additions or improvement thereto shall be carried out in accordance with the bye-laws.

18. Common profits and expenses. – (1) The common profits of a property shall be distributed among, and the common expenses shall be charged to, the apartment owners according to the percentage of the undivided interest in the common areas and facilities. 

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The 'percentage' in the undivided interest interest cannot but be based on the area of the apartment. May be, there could be another view based upon the nature of the facility to be placed. However, given the stattury provision, only the Court can provide a more judicious interpretation, if the facts and circumstances so warrant.

Under the TNAO Act the common expenses, including capital purchases (e.g., lift installation) and recurring maintenance are calculated based on each owner's Undivided Share (UDS) of the land and common areas, which corresponds to the unit's carpet/plinth area. Non-usage does not exempt an owner from payment. For example, ground-floor residents remain legally obligated to pay for elevator maintenance and replacement. Once the association is registered under the Tamil Nadu Apartment Ownership Act, the registered bylaws legally bind all unit owners to pay their assessed share within specified timelines.

Common Area Ownership Rights (Abbotsbury Owners' Association v. The Member Secretary, 2014): The Madras High Court affirmed that land and developed common amenities belong collectively to all flat owners of the building. Under the TNAO Act, common areas (including lifts, lobbies, and staircases) form part of the joint estate, meaning no individual owner can disown responsibility for their maintenance. In alignment with Supreme Court directives and state statutes, the High Court upholds that liability for common expenses is absolute. Waiving the use or enjoyment of a common facility (e.g., ground-floor residents not using the elevator) does not exempt an owner from paying their assessed contribution.

^{Under the Tamil Nadu Apartment Ownership Act, 2022 (and its implementing rules operational since 2024), an Apartment Owners Association (AOA) or Resident Welfare Association (RWA) in Chennai possesses specific statutory mechanisms and legal recourses to deal with defaulting members.} 

^{Under the TNAO Act, all unpaid common expenses assessed against an apartment constitute a direct legal charge on that specific apartment property.}

^{The association can levy interest on delayed dues as per its registered bylaws}

The Tamilnadu Act goes about in two steps. At first it defines what is the undivided interest of a member (flat owner) in the common capital. Then it stipulates that common expenses are to be shared in proportion to undivided interest. 

The Model Byelaws in Maharashtra directly says that common capital expenditure are to be shared in proportion to the area of the respective flat.

The Model Byelaws makes a differentiation between capital expenditures and consumable expenditiures. Consumable expenditures such as common electricity, salaries of employees etc are to be shared equally irrespective of the areas of the flats.  This appears reasonable but cumbersome accounting. But with computerisation things become easy. Only it becomes cumbersome for individual members if they care to find out whether they are being charged as per law. 

You have adequately been advised by learned legal experts besides an engineer/scientist, please close this thread.

For further queries it would be better to consult a local prudent lawyer for proper analyses of facts/documents, professional guidance and  necessary proceeding.