VENKATARAMAN P Y (Private Commercial Bank Management Expert) 20 October 2022

Multi level car park operating cost sharing

Can the Developer force ALL the apartment owners to share the operating cost of a mechanical multi level car parking facility built for the exclusive use of the land owner over the joint development property

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This discussion explores whether a developer can compel all apartment owners to contribute to the operating costs of a mechanical multi-level car park. The consensus is that the developer cannot force this, especially if the facility was built for the landowner's exclusive use. It also questions if such a car park would be classified as an 'exclusive common area' under the Tamil Nadu Apartment Ownership Act of 2022.

2 Replies

Sourav Das (Advocate Supreme Court of India) 21 October 2022

No, he can not.

VENKATARAMAN P Y (Private Commercial Bank Management Expert) 21 October 2022

Thank you for the prompt reply. Would such mechanical multi level car parking facility fall under the definition of "Exclusive common area" under Tamil Nadu Apartment Ownership Act of 2022 pl?