Tamilnadu apartment maintenance charges
Dilip Seshadri
(Querist) 26 June 2017
This query is : Resolved
Dear experts,
As per Tamilnadu apartment ownership act 1994 (act VII of 1995) Chapter V point 19.1, clearly says that maintenance should be levied on per sqft basis. I am presently MC of a 62 unit apartment wherein the maintenance is on common(PF+PSF) basis. By following this method, the smallest unit is paying 2.80 sq.ft while the biggest unit is paying 2.23 sq.ft. We have newly taken over and changed the manpower agency and reduced the monthly spending considerably. Now we want to reduce the maintenance cost. The new MCs have proposed 2.35 PSF. By following this method all flats will be paying less than the present except the biggest flat. The owner will be paying more than the present maintenance amount. Unfortunately he also happens to be the treasurer of our association. So we have given him the smallest reduction by which he will be paying 2.15 PSF while other 61 will be paying 2.35 PSF. 3 of the residents have said they are happy with reductions but it should be 2.35 for the biggest flat as well.
1) What do you propose?
2) Can we follow the new method on trial basis without amending byelaws for 3 months?
3) Also what is the rule in tamilnadu for unoccupied flats. Some owners are abroad and their flats are empty from day 1. While some owners have locked their flat with their things and went onsite. They are asking for discounts as none of the amenities are being used by them and are not paying maintenance for the past 10 months. They are expected to be abroad for 2 more years.
Kindly advice on the same?
Sankaranarayanan
(Expert) 27 June 2017
Better to approach local lawyer, as society you can afford to pay consultation fee and seek advise from lawyer and act accordingly
Rajendra K Goyal
(Expert) 29 June 2017
Try to frame rules which on the face seem to be non discriminatory / non favorable to any / justified / legal / with in the frame work of the bye laws / laws.
In AGM, get the rates fixed PSft related to size of the flat or common to all.
T. Kalaiselvan, Advocate
(Expert) 01 July 2017
The actual cost of maintenance of the entire building along with the amenities and facilities provided therein has to be borne by the occupants. As per the provisions of the Tamil Nadu Apartment Ownership Act, the maintenance charges have to be levied based on the undivided share of land allotted to the owners of each apartment.
the bye-laws of the Association and resolutions approved in the general body will govern the common area maintenance.
The association is a voluntary body comprising of members who have taken up the responsibility of managing the building on an honorary basis. It is very important that all the apartment owners co-operate with the association and help in bringing together a cordial, friendly and vibrant community so that the residents can enjoy staying in the complex.
Maintenance charges are to be paid by the owners whose flats are kept empty without being occupied or used for a long time, there is no exemption to them for any reason.
