flatQuestion: I reside in an apartment owned by my son paying maintenance charges to our Apartment Owners’ Association registered under the TNSR Act 1975. Hitherto the Association was following sharing based on sq. ft as per the Ownership Authority Document i.e. the sale deed that stipulates share of the expenses incurred in maintenance in proportionate to the undivided share in the property. The TNAO Act 1994 also stipulates according to the percentage of the undivided interest of the apartment owners in the common areas and facilities specified in the Deed of Apartment. But recently for the increase in expenses, the management decided to share the increase per Flat. In the annual general meeting, I objected that ‘per flat’ is not tenable under law. But the purported minutes reads: “After a detailed discussion it was put to vote and it was approved unanimously”. Voting did not take place; for the approval from the considerably low in number compared to total number of members who were present in the meeting signatures were not obtained. What are the remedial measures to ensure the management followa the mandated legal provisions ?

Answer: As per the Tamil Nadu Apartment Ownership Act, the common maintenance charges have to be borne by the owners in proportion to their ownership of land. For complying with the provisions of the Act, the Committee does not require general body approval and a resolution can be passed by the Committee members modifying the earlier decision.

In the absence of such move by the Committee, the required number of members, as per your bye-laws, can call for an Extraordinary General Meeting to decide and implement the mode of collection of maintenance charges in accordance with law.

1) My wife & I are joint owners of a 3 BHK apartment. We want to make our daughtera 3rd joint owner.

I am the single owner of a residential house. I want to make my wife and son joint owners along with me. Please advise the procedure to be followed.

Bangalore

You can execute and register Deeds of Settlement, settling one-third share in your apartment in favour of your daughter in the first case.

( Courtesy: The Hindu )

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