Maintenance charges
Thyagarajan
(Querist) 29 November 2012
This query is : Resolved
An owner rented out his flat. After few months the tenant neither paid the rent to owner or the maintenance charges to the Association. The default went up to a year. The Association brought the nonpayment of maintenance charges in writing to the owner. The owner after litigation in court managed to vacate the tenant. The owner is yet to find a new tenant and for the unoccupied period sent the maintenance charges to the Association. The Association refused to accept it for the unoccupied period but said the said payment will be adjusted towards the defaulted sum for a year; also the Association refuted the contention of the owner that he is not responsible for the defaulted sum.
Who is legally right, the owner or the Association?
ajay sethi
(Expert) 29 November 2012
it is immaterial whether you received rent from the tenant or not . you are liable to pay maintenance charges to the association as you are the owner of flat
Raj Kumar Makkad
(Expert) 29 November 2012
The owner of the property is liable to pay. association has nothing to do with the dispute of tenant and owner rather maintenance amount is to be paid by only and only owner and he cannot shift his duty.
Thyagarajan
(Querist) 30 November 2012
Dear Experts,
The Tamilnadu Apartment Ownership Act 1994 under chapter IV (13) Bye-laws says ,the bye laws created by the association must specify that the charges for maintaining common facilities should be shared by the flat owners.
Also under chapter VI , Miscellaneous(23) Act to be binding on apartment owners, tenants, etc. (1) all apartment owners, tenant of such owners, employees of apartment owners or tenants, or any other person who may, in any manner, use the property or any part thereof to which this act applies, shall be subject to the provisions of this act and the bye-laws and the rules made there under.
Going by the above provision it becomes obligatory on the part of the occupier of the flat to abide by the rules of the Act and pay the maintenance charges. Rental rules are immaterial under this act.
Please clarify
Regards
Rt
ajay sethi
(Expert) 30 November 2012
if the tenant fails to pay then the flat owner can by taking legal proceedings recover said amount from the tenant .
he cannot refuse to pay maintenance charges to association merely because tenant has failed to pay .
Thyagarajan
(Querist) 30 November 2012
Dear Expertts,
The Association of owners of flat is registered under Tamilnadu Societies Registration act 1860 and Bye Laws are made as specifies in it. In the bye-laws or in the Tamilnadu Societies Registration act 1860 the term tenant is either defined or used. The receipts for payment of maintenance charges are issued in the name of the person occupying the flat not on the owner’s name. Sec 10 of the Tamilnadu Societies Registration act 1860 provides the defaulter can be sued as stranger in the complex. The Association can thus sue the occupier as stranger.
Advise.
Raj Kumar Makkad
(Expert) 30 November 2012
If the society is registered under the indicated Act then owner has no liability towards such left out payment and the association shall have to recover that amount from the tenant but this can be got effected only in case the information of that tenant had been given to the society bu the owner of that flat.
Thyagarajan
(Querist) 30 November 2012
Dear Mr. Raj Kumar,
Thanks for following up the matter and giving your advise.
It will be of much use in solving collection of dues that amounts to Rs50,000 dues from some tenants in our complex
Regards,
Rt
