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Guest (n/a)     04 December 2008

Sharing of maintenance in apartments

When By-laws do not permit, Apartment asking to share expenses equally, is it legal? Ours in building of 24 tenaments, registered under Apartment & not Co-op. Socy. Our by-laws talk of ownership ratio. Large size Flat owners are asking to share common expenses equally without follwing the proper process to amend the by-laws. Is the committee legally correct? Even terrace has been sold by builder. Is selling of terrace legal?


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 3 Replies

Shree. ( Advocate.)     07 December 2008

Dear Nancy,


The expenses will have to be shared on the basis of percentage held by the apartment owners in the common areas and facilities. The concept of equal sharing, irrespective of built up area is based on convenience and acceptance. It will be good for the apartment owners in your complex to discuss this issue and arrive at a fair share of expense for each of the owners after considering the legal provisions.

sanjeev murthy desai (Advocate)     06 January 2009

I agree with Mr. Shree


 


sanjeev desai

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     08 January 2009

I also do agree with my Ld. friend Shree, who is absolutely right.


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