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Maintenance charges in an apartment complex for running common area expenses

(Querist) 15 November 2014 This query is : Resolved 
We are a registered Residents Association of RESIDENTIAL Complex.
We ahve a registered Association of the Owners in the Complex.
We have Apartments having varied Plinth area.

We are charged Maintenance Charges for running Common Area & its expenses AT LUMPSUM irrespective of the Apartment Plinth Areas or share of the UDS

TN Apartment Ownership Act 1994 says should be charged based on UDS percentage.

Association does not agree and says will charge at Lumpsum only.

Is the act on this account MANDATORY that all Apartments should follow or can be altered by Association of each Apartment Complex.
Please advice
Devajyoti Barman (Expert) 15 November 2014
TNAO Act needs to be seen.
You can not overlook the provision of this Act.
Meer a local lawyer.
ajay sethi (Expert) 15 November 2014
provisions of TN apartment ownership act ahs to be followed . maintenance charges have to be based on UDS percentage . . association cannot over ride provisions of act
Rajendra K Goyal (Expert) 15 November 2014
Consult local lawyer.


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