I have purchased an apartment in Perumbakkam in my name. The complex has 380 units and our Association is registered under the Societies Act.
We have split maintenance charges into three categories: consumption (water, etc.), non-consumption charges (maintenance of common areas) and miscellaneous (repairs, etc.). Can bye-laws override the TN Apartment Ownership Act by using a different method to calculate these charges? Until we amend our bye-laws to reflect the Act can we continue to collect maintenance charges as per our rules? The existing bye-law were vetted by a leading lawyer and registered in a sub-registrar’s office. Was this wrongly done?
R. Balasubramanian
Tambaram
You are already aware of the provision of Tamilnadu Apartment Ownership Act relating to collection of maintenance and mode stipulated therein.
The bye-laws of your association cannot override the Act. You may commence collecting the maintenance as provided for in the Act and amend the bye-laws in the next AGM or EGM in your apartment complex.
You may also consult the lawyer who finalised the bye-laws in the light of the provisions of the Act and seek his/her advice on the proposed amendments and take necessary steps.
