My apartment association is registered under Karnataka Societies Act (and not under Apartments act). The original bye-law that was submitted for registration says -- The maintenance fees will be charged using hybrid method. This means partly based on the number of units and partly based on the built-up area (per sq ft) of the units. Recently, the General Body meeting was convened and took a vote on the basis for maintenance charge calculation, and decided that per sq ft basis will be used. Our unit is larger than rest of the units, and if per sq ft basis is used, we will be paying more than what others would pay. As the bye-law allowed for arbitration into solving grievances of any owners, I requested the president to form an arbitration panel and discuss my issue. But I got a response saying, since the General Body decided on the maintenance calculation basis, they cannot form an arbitration panel. Also that the formation of arbitration panel is done by case by case study and for my case, such an arbitration panel is not necessary. Is there a legal solution for my case. If I take a legal action, what are my chances at winning this case. Our unit is the largest one among others, and we are penalized for this. All common utilities and services -- such as salary and wages to security staffs, electrical maintenance for common roads, clubs and swimming pool maintenances, gardening, park maintenance everything that are commonly available for all residents/owners to enjoy equally, the association is finding it easy to punish us saying it is easy to calculate and maintain accounts. Any suggestions, please.
