Respected lawyers,
I am very much thankful for your social service with free legal guidance to the public. Kindly bear with me for taking your valuable time by giving my quires in lengthy details. This is due to the reason I want to highlight my difficulties and sufferings being faced by me with our flat association which is being dominated by “HIG” group of people.
I am aged 64 I am a retd. Mgr. from a SSI unit without any pension benefits. Only one daughter got married .I was having ½ ground house and sold it and purchased 2 flat one for me and another to my daughter in different areas. My apartment is having 7 flats with (g+2) with the facilities of lift / water treatment plant with the status of ‘deluxe’ . My flat alone is on the side portion of the building both the main gate & grill gate exposed to direct weather. All other 6 flats are within the building corridor coverage. I do agree that after knowing all these I have purchased this flat because of location and the purchase value was within my budget. This apartment’s architect is very peculiar that non of the flat identical to other flat as well as the “UDS” My “uds” is lowest of 369sq.ft.& the highest flat’s“uds”is 720 sq.ft. As I am living in the g.floor even the lift utility is very much megar.My self & my wife is living in our flat. The assn. is having heavy annual expenses of lift “AMC” / ins. Exp./ license renewal / security etc., and collecting the mly. Maintenance equally.
I have submitted the article written by R.L. Narayanan, partner, RANK Associates, Advocates, Chennai From THE HINDU and also THE TAMIL NADU APARTMENT OWNERSHIP ACT, 1994 .(Act No. VII of 1995). In the fist meeting the assn. accepted to collect the mly. Maintenance charges prop ornate to the % of “UDS and minutes of the meeting passed in the assn. to produce the individual flat owners to confirm their UDS holding to arrive the maint. Charges prop*rnate to their holding interest.
But On the next meeting one of the owner who is having hightest UDS objected for the maint. Chhrges on the UDS basis as well as objected for assn. regn. Under Tamil Nadu Co-operative Societies Act, 1983. Two of the low “UDS” flat owners are very much particular for colln.maint.charges Under ‘UDS’ basis and 2 of the highest “UDS” holders supporting for equal contribution and 2 others owners maintain neutral and one person is a tenant not taking part in the argument.
Hence, the high income group is dominating and refusing to follow the act or for the registration the assn. to take up the matter to the Registrar,( who is authorized to institute or defend proceedings as provided by the bye-laws. Individual members, though being members of the Society, can be shown as Defendants for the purposes of obtaining suitable relief.)
Because of my age & financial position as well as the apartment is peculiar to the general status of widely & largely constructed apartments with a slight difference in “UDS” because of 2/3 B/R . In our case non of the flat is same “UDS”, as well as I am the least share “UDS” holder I am very much particular that my maintenance contribution should be on the basis of “UDS” only.
With the above mentioned circumstances of “HIG” status people domination kindly help by giving your valuable and capable guidance of my further move on the following clarifications, please.
1. The 1ST. argument is the act says “Un Divided Interest “ as against in our Regd. Sale deed it is mentioned as “UN DIVIDED SHARE” The particular member is arguing that both or not having same meaning.
2. If one member is insisting for the registration of apartment society & others are against this proposal How to get the act benefit of “Maintenance charges to be on the “UDI” .& to take up the matter to the Registrar of co operative without the assn. registration.
3. To my understanding the act is to support the weaker section’s legal rights and financial commitment remedy in such unusual layer discriminations. And to avoid the misunderstanding and dominations. in the apartment owners assn.
4. Kindly explain whether I can get the benefit of my contribution on the basis of my regd. Doc’s “UDI” holding . If it is possible the steps to be taken by me may kindly be guided step by step , please
With Kind Regards
K.Chandrasekar.
