Ours is a residential complex comprising 28 flats with single and two-rooms cum kitchens. Though we haven’t registered it under the Societies Act, we have drawn our bye-laws and follow the same. We charge the same maintenance charges irrespective of the size of the flat. Whenever any major repairs come up, we share the total cost equally.
Recently, there was a change in the ownership of one of the single-room flats. This new owner talks of charging maintenance and other common expenses towards repairs, etc, based on the undivided portion. This has created problems in an otherwise smoothly run Association.
Yet another owner of a flat with a two-room and kitchen, has not been paying charges towards common repairs. In fact, the owner’s previous tenant vacated the flat without paying the maintenance. When the Association asked the owner to pay, the person abdicated the responsibility. Also, the said owner, who is always at loggerheads with the Association, is not prepared to listen to the complaints, leave alone carrying out rectifications, regarding seepage of water onto the flat below his.
V S Jayaraman
Chennai
Unless your association is duly registered, the bye-laws will have no legal sanctity. In any event, it is advisable to charge maintenance based on the undivided share of land owned by each of the flat owners as the Tamil Nadu Apartment Ownership Act, though not notified entirely, stipulates that common expenses will have to be charged according to the percentage of undivided interest of the apartment owners in the common areas and facilities specified in the Deed of Apartment. As regards arrears of maintenance and non co-operation in rectifying defects in the apartment, you may approach the court for necessary directions, after issuing a legal notice.
Me and two of my brothers inherited a plot (measuring two grounds) in Chennai, with some old unused buildings thereon. There is a common patta for the plot. We now want to subdivide the plot and obtain three separate pattas. What is the procedure and cost for the same?
N.R. Krishnaswami
Chennai
You must make a sub-division drawing and obtain approval from the local authority. If your intention is to own the sub-divided portions individually, all three of you have to execute and register a Deed of Partition dividing the property by metes and bounds based on the sub-division approval. Thereafter, by submitting the above documents, each of you can get an individual patta for your respective portions.
