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PRIYADHARSHINI UDHAYASANKAR   07 August 2023

APARTMENT OWNERSHIP ACT

Our apartment has 2 BHK and 3BHKs what the associations says is that they will collect maintenance on the basis of sq feet hence we are all using all the common area and paying excess amount of maintenance because we own 3BHK.? Is there any remedy available.? Collection of maintenance is the discretion of apartment association.? Or any act advocating them with regard to collection of expenses.? And important thing is they r arguing with the latest Apartment Ownership Act 2022. Is this came into force.? Whether we have to obey on the provisions.? Or we need to follow our old apartment ownership act.? And what is Undivided Interest Percentage.?
The latest apartment act section 2 state that this act come into force on date when the state government notifies government so far no rules to the act as been elected by government till date.The act will come into force only when the rules made ready by the government. Is the above statement correct.? And last thing that apartment has no by-laws so far


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 3 Replies

T. Kalaiselvan, Advocate (Advocate)     08 August 2023

What is the difference between the old act and the new act?

Which is your state and have you read the contents of the new (amended ) act?

Is there any specific amendment towards collection of maintenance as per sq feet alone?

What was the charges collected by your association earlier i.e., before the enactment of the so called new act?

Was there any general meeting adopting the new law with the approval of two third majority?

If you give all these details more proper opinions from many experts will be found as an answer.

 

Dr. J C Vashista (Advocate )     08 August 2023

The question paper contains "no" facts for consideration and obligation.

Consult a local prudent lawyer for professional advise, if you have any problem.

PRIYADHARSHINI UDHAYASANKAR   08 August 2023

Good Afternoon Sir,

whether apartment ownership act 2022 is applicable now.? whether gazetted has been released.?
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