I live in chennai. My apartment was constructed and handed over in 1991. At that time, the TN Apartment ownership act of 1994 had not yet been passed. I live in an apartment with 48 apartments with varying sq. feet as follows..
Size of flat in sq. ft |
Number of flats in nos. |
523 |
10 |
615 |
08 |
725 |
28 |
1100 |
03 |
1500 |
02 |
10000 |
01 |
The 10,000 Sq. feet basement belonging to the construction company - which they use as a godown. There is some open space around the apartment but no specific car space allotment to any owner and so there is a huge shortage. Owners are given priority to using a vacant parking space, while tenants are NOT given any prioroty. Parking space is alloted once a slot falls vacant . Once the owner vacates, the space is alloted to the next applicant waitlisted. The maintenance charges since the past 20 years have been common for each flat - irrespective of size . The basement alone pays an equivalent of 10 apts. as maintenance. The association has not been successful in increasing the maintenance cost over the years in keeping with the rising cost. In order to raise quick money, they want to divide the maintenance cost based on sw. feet per apartment. The smaller apts totalling to 46 in number are eager to let the bigger flat owners take the burden of higher maintenance. The bigger flat owners will further also have to proportionately contirbute higher share for all common maintenance costs such as lift AMC, painting, repairs on a sq. feet basis as per the new rule.
My question to the forum is; why should a mere 5 people ( having bigger flats) bear the burden of the other 46 owners - While the costs of servants, cleaners, water and common electricity being enjoyed is the same for all.? To top it all, the rental value of larger flats is highly diminished as no car parking space is prioritised for the tenant occupied flats. It is obvious that tenants who can afford to pay higher rent fora 1500 sq. flat will definitely want a car park ( if ot two). when the association waives the responsibility to provide or satisfactorily take care of yet another amenity - which is car park, then does the association have the right to change the bye law rules to go in for sq. feet calculation of maintenance by quoting the "Tamilnadu apt. ownershop act of 1994 "? They seem not to be addressing the issue in its totality.
I am willing to bear sq. ft. wise cost for general outer maintenance such as painting, repairs etc. as they are for the maintenance of the " outer area" which is common for all and since I occupy a larger area, will bear cost to a larger extent. But, while I am already paying the property tax authorities for the " internal plinth area of my flat" - why should I have to pay as per the internal area occupied by me to the association as well?. Their upkeep is only on the outside - in terms of guards, water, common electricity, elevator and AMC for the same and to add to it all - No alloted car parking space !
please guide me. Can I , as an owner of a 1500 sq. flat, take legal recourse to address this issue. ( The basement which is used as godown - have an undivided share of 23%, but still the association maintains that as per the bye laws - they are given right to use the pathway and passage to bring a miny lorry to load and unload - but do not possess rights to park their vehicles inside the residential premises. The godown owners continue to cooperate in this matter by not staking a claim to parking lot allotement.