Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm

I am staying in an apartment which has over 450 flats with varying sizes. Our Association is collecting the maintenance fee based on the flat square ft @ Rs. 3.25 per sq.ft.

But irrespective of the maintenance fees one pays, the facilities are the same. The expenses which can be shared equally with respect to our apartment are:

– Security (common for all)

– House keeping (common for all)

– Power generator (common for all as the cut off per house is same)

– Amenities (common for all)

– Common electricity (common for all)

– Maintenance of lifts, generator and other equipments (common for all)

Expenses which cannot be shared equally.

– Water consumption (can be measured by installing meters in all the blocks)

– STP maintenance based on water consumption can

The Association justifies this by saying it is the most common method and is per the bylaws. Multiple discussions on this matter have not given results. Can this matter be taken to court?

V Swaminathan

Chennai

As per the provisions of the Tamilnadu Apartment Ownership Act, common expenses shall be charged to the apartment owners according to the percentage of undivided interest in the common areas and facilities. Common expenses include expenses for maintenance, administration and under certain other heads. The definition of common areas and facilities includes the land on which the building is located. Though some of the provisions in this Act have not been implemented yet, levying maintenance charges proportionate to undivided share of land owned by each owner can be treated as being in order.