Apartment maintenance charges fixation regarding
Subash Gandhi
(Querist) 14 August 2015
This query is : Resolved
Dear sir/madam,
I've purchased a 2 BHK (saleable area -985 Sq.ft) apartment at Chennai. The total no. of flats is 144 (its a combination of 2bhk-48nos. uds-519 Sqft. 2.5bhk(saleable area-1313 & 1330 sq.ft.) -48nos.uds- around 700 sq.ft & 3bhk-48nos uds- 800 sq.ft) the building is 4 storeyed.
Each apartment is given 1 vote.
As one year maintenance period by the builder is about end by this December an association was formed & the same is being registered with the registrar of societies.
In the bye laws formed the maintenance charges has been fixed as same for all the apartments irrespective of the sizes & true copy of the same has been registered with a provision that 2/3 majority is required for any amendment.( that which is not at all possible as all 2 BHK's put together constitute only 1/3 of the strength in our apartments)
Though there is greater DG backup of 1000w for 2.5 & 3 BHK owners but only 500w for 2 BHK.
Upon rising the question regarding the basis of maintenance charges the association replied that it is based on majority decision, the act was framed in 1994, 21 years old hence not relevant to the present case & all are enjoying the common areas, 2.5 & 3 BHK residents paid more corpus fund than 2 bhk.
But the association is contesting that it's a majority decision. further it is informed that the byelaws will override the TN apartment owner ship act.
building bye laws is final though it contradicts the provisions of the act.
Is this reply tenable as per law, what can be our next course of action Please advise.
Thanking you,
With kind regards,
Subash.G
P. Venu
(Expert) 15 August 2015
The bylaws cannot override a statutory provision. Any provision in the bylaw repugnant to a statutory has no force of law is void or voidable.
No law loses its steam with passage of time.
Rajendra K Goyal
(Expert) 15 August 2015
Challenge the stand of the association on the basis of the provisions of TN apartment owner ship act.
Subash Gandhi
(Querist) 15 August 2015
Thank you sir with kind regards.
