Our building in Ekkaduthangal, Chennai, has six apartments in two floors and stilt parking. Three apartments belong to our family and the other three to individual owners. All our apartments are rented out. The other two owners have rented out their apartments as well. Only one owner is living in the building. Despite an initial agreement regarding the monthly maintenance charges, for the past three years, the other three owners are not paying the amount. As we own three apartments, the other owners want us to spend for all the maintenance, while enjoying common benefits like the lift, water, car park, cleaning, structural repairs, etc. We have spent a lot of money to repair the lift and for structural work in the common areas. They have blocked our cell phone and WhatsApp numbers. They are also torturing our tenants. Is there any legal remedy to get the other owners to pay their share?
Sankararaman, Chennai
Since your building has more than five apartments, the provisions of the Tamil Nadu Apartment Ownership Act would be applicable. The said Act (though partially implemented and likely to be amended soon) contemplates forming of an association and framing of bye-laws. Any failure in complying with the bye-laws, conditions or restrictions would be a ground for action against such apartment owner by either the association or by an aggrieved apartment owner. In the event the other owners do not co-operate, you may seek directions from court for registering the association as well as for enforcing the bye-laws.
