Surcharged for villas – The Hindu
Answers to Your Property Related Legal Questions by SC RAGHURAM, Partner, RANK Associates, a Chennai Based Law Firm
Answers to Your Property Related Legal Questions by SC RAGHURAM, Partner, RANK Associates, a Chennai Based Law Firm
I live in a gated community near Chinglepet, consisting of 150 villas (individual residences, average built-up area 2,500 square feet). The built-up area of 600 apartments ranges from 650 sq.ft. at 2100 sq.ft. For common amenities such as the clubhouse, gym, pool, playground, roads, electrical and drain maintenance, the Home Owners Association (HOA) calculates the maintenance costs by dividing the total charges by the number of units, not by construction. up zone or UDS. Does it comply with the law? The HOA claims that the Tamil Nadu Apartment Ownership Act does not apply to such a community comprising self-contained villas and apartments. Is it correct?
— S. Thiagarajan Chinglepet
In our opinion, the only legal provision governing the payment of maintenance charges is found in the Tamil Nadu Flat Ownership Act, which states that common expenses should be charged according to the percentage of the undivided interest of the owners. apartments in common areas and facilities. Although this law only applies to apartments, this reasoning can be adopted by the association to villas as well. As your community appears to consist of both villas and apartments, your association’s articles of association should be reviewed to verify that the levy of maintenance charges is in accordance with the law.