FORUM
A case of maintenance fee defaulter
We are one of the flat owners in an apartment complex which has 8 flats in it. We purchased and occupied the flat 4 years back. One person has two flats and he bought it at the time of construction about 10 years ago. This person is running a business establishment in both his flats and has put a sign board in front of the building. But he is paying maintenance charges for one flat only. . When asked for the reason he says that his consumption of water is nil in one of th
e flats. If maintenance charges are not paid for one flat, can the amenities be suspended for it? There are a few coconut and mango trees in the complex. This member claims that he owns the trees in the complex. All along he was claiming that he purchased the trees from the promoter for a sum, but later on shifted his claim that he has planted them. I would like to know, is he right in his claim? Even if he had planted the trees, can he enjoy them exclusively ?
J. Balaji
Our panellist, Mr.R.L.Narayanan replies: The person concerned is liable to pay maintenance charges for both the Flats occupied by him. You may not be in a position to suspend or cut off the amenities. You can only recover the amount outstanding as arrears towards the maintenance charges. In respect of the claim relating to trees, I feel that the same is not at all maintainable and the same has to be treated as common property of all the owners of the apartments. In the event the person concerned does not make payment and is not allowing the others to have the use of the trees, you may have to institute proceedings .
Clarifications
Please clarify the following:
Is it mandatory to register a building with just 8 flats with the registrar of societies?
Kumar
Chennai 600101
Mr. Narayanan replies: I think you are referring to the registration of a society or association of apartment owners. An Association has to be formed if there are five or more apartments or three or more floors in a building, which is duly approved. Hence, it is advisable for the owners in your complex to register the association.
Can the association thru a majority of owners penalise a single owner for non-payment towards development or corpus fund if he is regularly paying the monthly maintenance charges as well as all taxes in an unregistered apartment complex? If so under what rule or act?
Mr. Narayanan replies: The Owner of an Apartment has an obligation to meet the common expenses. Common expenses will include amounts lawfully assessed as due expenses like maintenance, repair and replacement charges, legal expenses and other common expenses as may be fixed from time to time. The corpus can be taken to be a specified sum of contribution, which need to the paid by the owners for meeting exigencies . .
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