PLakshmi 23 February 2022

Maintenance charge by rwa

I am having a flat which is managed by RWA. The maintenance charge is calculated by a hybrid method (fixed + variable) . The Salary charges of security, office manager, auditor, Lift AMC charges and new /replacement of capital assets costs are placed under fixed charges as per Resolution passed by in AGM. The section 19-1 of TNAO ACT clearly says all the common expenses shall be charged according to the percentage of UNDIVIDED INTEREST/PLINTH AREA of each flat.

Is it (charging maintenance charge part fixed, part variable) legally correct? Can the Byelaw Or Resolution go against the TNAO act?

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Palak batra 23 February 2022

Dear Querist,

The maintenance, in so far as it relates to common areas which are accessed by all flat owners, has to be uniform.

The aggrieved flat owners can file a suit for declaration and permanent injunction against the association to restrain the association from levying maintenance charges on PSFT basis.

Raise this issue in AGM and ask to vote on this issue.

If the result of voting comes in your favour then only you can take legal action against the committee for making new bye law for implementing a new method of maintenance calculation.

Regards,

Palak

krishnan krishnan (Business ) 02 July 2022

As per TN act, It should be as per UDS / Sq.ft.Make a complaint to District register copy to IGR ( Santhome).

If no one answered, file RTI to DR and send copy to IGR. Your problem will be solved. No need to go to Court. DR / IGR has right to pass an order to amend the byelaw. They are the judicial authority. If association is not ready to amend the byelaw, IGR will cancel the registration of apartments

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