V59- Common Areas Maintenance Charges. Common Expenses. Apartment Law.
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- Опубліковано 27 сер 2024
- 18. Common profits, common expenses and other matters. - (1) The common profits of the property shall be distributed among, and the common expenses shall be charged to, the apartment owners according to the percentage of the undivided interest of the apartment owners in the common areas and facilities.
(2) Where the apartment owner is not in the occupation of the apartment owned by him the liability to the common expenses payable in respect of such apartment shall be the joint and several liability of the apartment owner and the person in occupation of the apartment.
19. Apartment owner not to be exempt from liability for contribution by waiver of the use of the common areas and facilities. - No apartment owner may exempt himself from liability for his contribution towards the common expenses by waiver of the use of enjoyment of any of the common areas and facilities, or by the abandonment of his apartment.
20. Common expenses to be a charge on the apartment. - (1) All sums assessed by the Association of Apartment Owners, but unpaid for the share of the common expenses chargeable to any apartment, shall constitute a charge on such apartment prior to all other charges except only -
(i) the charge, if any, on the apartment for payment of Government and Municipal taxes; and
(ii) all the sums unpaid on a first mortgage of the apartment.
(2) The Association of Apartment Owners may approach the Competent Authority with a request for recovery of amount lying unpaid for a period of more than 12 months and which is due towards the common expenses payable in respect of an apartment, and the Competent Authority, on being satisfied, shall take appropriate action for its recovery from the owner of that apartment as arrears of land revenue
21. Separate assessment. - (1) Notwithstanding anything to the contrary contained in any law relating to local authorities, each apartment and its percentage of undivided interest in the common areas and facilities appurtenant to such apartment shall be deemed to be separate property for the purpose of assessment of tax on lands and building leviable under such law and shall be assessed and taxed accordingly; and for this purpose a local authority shall make suitable regulations to carry out the provisions of this section.
(2) Neither the building nor the property nor the common areas and facilities referred to in sub-section (1), shall be deemed to be separate properties for the purpose of the levy of such taxes.
22. Board to cut-off, withhold, curtail or reduce essential supply of service. - (1) If an apartment owner;
(a) either will fully violates or evidently threatens to violate the provision of sub-section (1) or sub-section (2) of Section 6, or
(b) fails to pay the common expenses, which are payable by him under this Act for a period of more than 6 months,
the general body of the Association of Apartment Owners concerned may, after giving notice of not less than seven days to such apartment owner, may pass a resolution to cut-off, withhold or in any manner curtail or reduce, any essential supply or service enjoyed by such apartment owner;
Provided that such Association of Owners shall not take any action in furtherance of the resolution referred to above unless a certified copy is sent each to the competent authority and the concerned apartment owner by registered or speed post and one month expires from the date of its being sent and its copy is displayed at some conspicuous place of the building.
Explanation. - It is clarified that the power to take action under this sub-section shall not prejudice the other rights and remedies of the Association of Apartment Owners available under this Act or under any other law for the time being in force.
(2) If an apartment owner is aggrieved by an action under sub-section (1), he may prefer an appeal to the competent authority within a period of 15 days from the date of the receipt of the copy of the resolution, and the Competent Authority shall after affording sufficient opportunity to the parties pass such orders most expeditiously as he deems fit.
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Very good knowledge for me and all buyers of flats.
Maintenance..Charges based on carpet, built up or super built up area...?
Sir I'm living in apartment with 44 houses
Apartment in tamilnadu....actually our parking area is very conjusted one and all are using common area for two wheeler parking but a person who is maintaining common things in apartment he is showing partiality and asking our kids cycle alone to take from the common parking and talking rules only with me ,he is very bias....and many are parking in common areas....how I should deal with this issue...pls help me...I'm ready to follow the rules but I want everyone one to follow....
Sir, For common maintenance,In our building they are charging on individual members. Is it correct where I am facing lot of issues
For example flat A using more number of times they will use, flat B not using much
2 families of our apartmnet is using the common areas as parking space and personal uses, blocking free movement . What legal action can be taken against these 2 aparment owners.
Subject to following not to be treated as legal advice, under law you make a complaint to the AOA Secretary and if he does nothing then complaint to Competent Authrotiy.
@@aor.prashant thanks a lot but we dont have aoa authority. Its a small apartment consisting of only 10 flats. Can we file a suit against these peoples in the court of law.
yes. refer to the apartment act and seek independent legal advice.
What about inside flat repairing ?
Residents usually deny to do it.... they don't allow fmg to do ?
Any video about duties of residents of Apartment?
How to address if common area maintenance is clubbed with personal apartment expenses such as backup power of individual apartment ??
Common duct GI main water pipe is rusted and continuous leekage seepage in the walls who will do the repair of common water pipe which is damaging first second floor walls
Sir please let me know how to distribute the structural repairs cost in the gated community.. this is one time heavy expenditure and owners are refraining to pay based on the sq ft area and asking it to distribute it by per flat..our society has different sizes of apartments, just to add CAM monthly charges are currently distributed as per sq ft basis only.
Q. Do the flat owners pay maintenance charges if construction is incomplete in many respect?
Sir please. Let me know if outside maintenance and painting work of a multistorey building of 6 flats not done for long time (13 yrs) due to negligence of the flat owners and now condition of the building gradually going in poor condition. In that case can one flat owner perform painting and necessary works in outside for his flat area only by him to protect his property?
Yes you can go for individual repair. However, try to approach the concerned authority which takes the property tax for the building and complaint to it and request that it directs all the owners to jointly get the building repaired. If they don’t issue direction then you can approach High Court.
Sir what if we live in independent floor in builder floor and one owner is not ready to pay any cost foe common area
Hello, Am I allowed to entertain few guests in the common area of the appartment? I had brought few of my close colleagues to my appartment(flat) and we were chatting in the common area but the secretary of the flat association intervened and didn't allow my four guests to sit and chat with me in the common area (thereby embarrassing me infront of them)...Is he infringing my rights as partial owner of the area by doing so?
Hi sir please guide me cam charges law, kitna hona chahiye, builder jyada charge karta hai to kya kr sakte hain, please make a video or give solution in message, thank you
builder jyada charge kare to complaint to the competent authority
@@aor.prashant how to know jyada hai ya nhi,