Our apt Association (in Coimatore) is forcing owners to pay for upgrades
and altering teh property by using majority vote. Recently they forced us topay
for a genset (the builder did not provide one) I am not talking about
maintenance charges but rather about capital ddition to property.
Basically they seem to think that the ambit of the association goes beyond
maintenance. This leads to a few questions
1. Even though the 1994 TN Apt. Ownership act is not yet enforced, are
its provisions applicable in interpreting the rights of an apartment owner ?
2. Can the ambit of any association as envisaged under act extend
beyond maintenance of the facilities and reasonable security arrangements to guard them.
3. Can my rights be alienated forcibly by a majority vote ? Is my
agreeing to a phrase in the bye-law
stating that "any activities for the benefit of the association"
imply implicit surrendering of
my easement and property rights of the common areas and facilities.
4. Can I be forced to sign away my property rights with the threat of
ejection from the association and he
consequent denial of common area access
and services if I do not agree to the waiver of rights ( I am
paying the maintenance charges on time )
5. Can a majority vote to substantially alter the nature of the
property like adding new equipment to
enlarge a gym, converting children's play area to parking lot,
expanding generator capacity
reducing garden areas, cutting down trees, adding a new toilet or
adding a swimming pool.
MD
