Real Estate

How to deal with Association laws

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Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm

My building Association has forcefully applied uniform maintenance costs irrespective of a flat’s size. I have raised my grievance and referred to the Tamil Nadu Apartment Ownership Act as well. How do I proceed?

Ranjit Nayar

Chennai

The maintenance charges have to be levied based on the ratio of holding of undivided share in land in the property as per the TNAO Act. You can inform the same to the association in writing and pay your dues as per this calculation.

Although there are many rules regarding the role of an Association of residents, there are none regarding getting out of one. We are an Association of villas in a gated community. Many villas face the road and residents are disturbed by increasing noise levels and are unable to sell/rent their homes. The owners are now wanting to separate from the Association to make their areas commercial properties. Since it is part of the mutation corridor it is possible. Here are a few queries:

- To whom does the wall around a gated community belong?

Can the owner of a villa (facing the road) break the community wall around it and construct another one to cut him off from other residents?

- Can a resident separate from the Association?

Rima Kashyap

Chennai

If your ownership of land is an undivided share in the entire extent, you cannot separate yourself from the other owners nor would you be able to change the homogeneity of the complex without the consent of the others. However, if your land is defined and separate and the building plan which was approved was distinct and independent, you can modify your building by getting necessary permissions from the authorities concerned.

In the first case, you will be a member of the Association automatically by virtue of your owning a property in the complex and y. You will be bound by the bye-laws.

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Printable version | Jan 26, 2020 5:48:56 AM | https://www.thehindu.com/real-estate/legal-queries/article22997435.ece

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