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Disproportionate maintenance charges

We are 12 apartment complex regd under TN societies act 1975 (since 2013). Bye law provides for maintenance in proportion to share in common areas. Suddenly association started charging 50% higher only for 4 towers out of 12 under the name additional expenses management fund. No GB resolution to this effect. What to do?



 4 Replies

T. Kalaiselvan, Advocate (Advocate)     26 June 2025

An apartment association cannot arbitrarily and without proper resolution, charge a significantly higher maintenance fee from a select group of owners

Such an action is generally considered unfair and illegal. 

Maintenance charges should be reasonable, transparent, and mutually agreed upon

All residents, unless there are specific and justifiable reasons outlined in the bylaws, should be treated equally in terms of maintenance charges. 

The aggrieved persons can either approach registrar of cooperative society with a complaint about this discriminatory acts or the cooperative court with a suit for permanent injunciton against the society to restrain them from charging the charges arbitrarily without any valid reason or by violating the bylaws. 

The specific rules and regulations governing maintenance charges are usually outlined in the association's bye-laws. These should be reviewed to understand the proper procedures for such charges. 

Dr. J C Vashista (Advocate )     26 June 2025

Very well analysed, opned and advised by learned senior expert Mr. T Kalaiselvan, I concur and appreciate.

The office bearers of association are working for and on behalf of General Body as decided by majority members of the association, which has to be justified and transparent.

However, if the office bearer have demanded from members of 4 out of 12 towers without approval of GB of the association, challange it.

It is better to contact, consult and engage some local prudent lawyer for proper analyses of facts/ documents, professional advise and necessary proceeding.

Ramachandran Balasubramanian   26 June 2025

Thank you kalai sir and vashista  sir.

We will take help of a lawyer nearby. 

Ramachandran

T. Kalaiselvan, Advocate (Advocate)     27 June 2025

You are welcome for your appreciations.


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