Our gated community, recently constructed by a reputed builder in Chennai, comprises 288 flats built in over 4.31 acres. It has various amenities like a clubhouse, gym, park, kids play area, security etc., that are common to all 288 owners. All units are of not the same size and they vary from 596 sq.ft. to 1,550 sq.ft.
Our Resident Welfare Association (RWA) is planning to collect the maintenance fee from all owners. The biggest hurdle the RWA is facing is regarding the method to be used as the flat sizes differ but the amenities are common to all. A few owners have opposed calculating maintenance cost per sq.ft., while others do not want the common method followed.
Please help us understand the following points:
1) Does the RWA have the right to choose the method of collecting maintenance? For example, the common method wherein all expenses like support staff salaries, common electricity etc. are divided among all owners based on a voting process a resolution passed based on the majority vote share.
2) As per TN Owners Act 1994, point in Chapter V 19.1, what does the percentage of undivided interest refer to? All owners have 49.5% of UDS based on their flat size.
Rizwanulla Syed
Chennai
The common expenses have to be shared by the flat owners according to the percentage of undivided interest in the common areas and facilities. Since the undivided share of land is proportionate to the built up area for all the flats, it is advisable that the maintenance is collected based on the built up area of each flat.
I am purchasing a flat from a woman whose father has (through a settlement deed) settled her UDS and not mentioned the flat in the schedule. Can I make the purchase without any legal complications?
A. S. Thirumalai
Chennai
The settlement deed should have mentioned the flat as well. Otherwise the flat has to be treated as owned by the father and both of them have to join as vendors while executing the sale deed in your favour. The relevant document has to be scrutinised to answer your query comprehensively. It is suggested that you engage a lawyer for title due diligence and documentation.
