Maintenance charges by rwa fixed or variable in tamilnadu. which is valid?

In Tamilnadu there is a Tamilnadu Ownership Flats Act, 1994. But it is being ignored by all the buildings. They register mostly under the Socieities Registration Act as Welfare Associations, which is not suitable for apartment owners. Under the Tamilnadu Ownership Flats Act, all expenses are to be shared proportional to the area of the flat.

1. Assn is registered under TN societies Registration Act 1975 as per Sec 12 of TNAO act 1994.

2.Sec 25 of TNAO Act says it can override all other Laws if it contains anything inconsistent with the TNAO act. 

As such TNAO act is Supreme to all other Laws and rules. 

What does the TNAO Act say regarding sharing of expenses?  The Societies Registration Act is for voluntary organisations. A residents' association is not a voluntary association. Contributions to share expenses are not voluntary, they are compulsory.

 Sec- 3i of TNAO Act 1994 says Administrative, Maintenance, Repair & Replacement expenses are Common expenses. 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. 

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Yes, that is right.

Would appreciate legal guidance on the following: 

Land owner & Developer entered into a JDA for building 12 apartments over 8000 sq ft land. Six flats (3 above 150 sq m UDS) plus 12 car parks(including an exclusive multi level mechanical car park for 8 cars will go to the land owner for certain consideration and 6 flats plus 8 car parks on common land without any mechanical multi level facility. The Developer wants the cost of operating the multi level car park facility to be shared by 12 apartment owners. Question is Is it fair and legit for the cost of exclusive facility viz multi level car park of land owner be shared by all 12 apartment owners?

Is it fair and legit for the cost of exclusive facility viz multi level car park of land owner be shared by all 12 apartment owners?

No. Only those who use the car park should be charged and not others. If you are not using the car park and the Associatin sends you demand notice asking you to pay you write back that you will not pay as you were not using the facility. If the Association still insists and takes any action against you, you will have to go to court.