Kerala apartment ownership act, 1983
Madhu S. Nair
(Querist) 17 December 2023
This query is : Resolved
Planning to install Solar System of 10KW in our building. Project cost is around 10Lakh and approved in EGM. Decided by mojoriy owners except me to finance the cost equally by all owners irrespective of the undivided share percentage in common area. We do have 1BHK, 2BHK and 3BHK flats in our building. It is against the law of the land.
Please refer Section 9(10) of The Kerala Apartment Ownership Act, 1984.
Please guide me in this reagrd.
Warm Regards,
Madhu Nair
kavksatyanarayana
(Expert) 17 December 2023
Is the Apartment Owner's Association registered?
Madhu S. Nair
(Querist) 18 December 2023
It is registered. How can the majority take decision or pass a resolution against law of the land?
kavksatyanarayana
(Expert) 18 December 2023
The majority in AGM shall decide the matter and after taking the decision the resolution shall be filed before the Registrar of Societies.
Madhu S. Nair
(Querist) 18 December 2023
Can majority take decision against the law?
The decision is to be filed before the Registrar of Societies?
Madhu S. Nair
(Querist) 18 December 2023
Common profits and expenses:- The coomon profits of the property shall be distributed among, and the common expenses shall be charged to, the apartment owners according to the percentage of the undividec interest in the common areas and facilities (Please refer Section 10 of The Kerala Apartment Ownership Act, 1983).
kavksatyanarayana
(Expert) 18 December 2023
Yes. The owners shall bear the cost according to the percentage of the undivided share of the common area and facilities. If the committee violates anything against the law, you can complain to the Dy./Jt Registrar of Cooperative Housing Societies/ Registrar of Societies.
T. Kalaiselvan, Advocate
(Expert) 18 December 2023
Installation of the proposed solar plant was the motive of the meeting which passed the resolution to install the proposed plant.
The minutes of the meeting was concentrated on this project and not on the financial implications.
The reason you state that the decision taken by the resolution passed by majority is agaisnt the law, whereas from your own statements there appears no illegality or legal infirmity while passing the resolution.
You must go through the minutes of the meeting and the decision taken on the subject matter and if the subject mater is agaisnt the law then you can approach court of law with a suit for mandatory injunction to prevent the society to proceed with the proposed act.
Madhu S. Nair
(Querist) 18 December 2023
But, we have registered with Apartment owners association. Can I complain to officials of Coperative Housing Societies/Registar of Societies? Is there any problem if I pay the cost according to tlthe percentage of undivided share in the common areas and facilities? Please advice.
T. Kalaiselvan, Advocate
(Expert) 25 December 2023
The terrace is a common area belonging to the association.
Thus everyone has rights in it.
The solar system installation is based on a resolution passed in a general meeting of the association, hence the challenge made to it before the registrar of society may not be entertained
