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Subin   05 October 2024

Maintenance model to adopt under kaoa 1972

Hello,

wanted to understand if KAOA 1972 act imposes only square feet rate model to collect the maintenance amount in a newly built society. Couple of additional information needed here,

  1. The sale deed states maintenance to be divided based on the UDS. If yes, can this be changed using a bylaws while registering the apartment?
  2. Is there any mandatory model to be used to calculate and collect the maintenance amount from the owners?
  3. Though the sale deed states maintenance based on UDS, what are the charges to be kept under sq ft rate and what are the charges/services that can be applied at flat rate?

these are few fundamental questions I have to start off with. Thanks.



Learning

 5 Replies

Dr. J C Vashista (Advocate )     05 October 2024

lt is a State (Karnataka) law applicable in that state only, it is better to contact local lawyer for any dispute.

1 Like

T. Kalaiselvan, Advocate (Advocate)     05 October 2024

The Karnataka Apartment Ownership Act of 1972 establishes a framework for the maintenance of apartment complexes in the state of Karnataka

Flat owners form an association to manage the complex's common areas, repairs, and administration. The association creates bylaws to ensure a safe and harmonious environment

The percentage of undivided interest in the common areas and facilities is based on the value of the apartment relative to the value of the property. This percentage is permanent and can't be changed without the consent of all apartment owners

Common profits are distributed among the apartment owners, and common expenses are charged to them, based on their percentage of undivided interest.

The act also specifies the rights and obligations of apartment owners and the association, as well as the rules and regulations for the apartment. It also provides a way to settle conflicts between apartment owners or between association members and owners.

hence your association may decide about the maintenance in the next annual general body meeting based on the provisions of the said act.

1 Like

Dr. J C Vashista (Advocate )     06 October 2024

The Act provides for handing over entire premises to the association on formation of an Association for mode of levy and collection of charges for maintenance of common areas of the apartment, read it carefully and enlighten others also. 

 

Subin   06 October 2024

I am looking information very specific to maintenance collection and models prescribed by the act so that I can enlighten the people/owners in our society.

T. Kalaiselvan, Advocate (Advocate)     07 October 2024

You can engage the services of an advocate in the local and be guided by the chosen advocate on all such further issues.


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