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

In an apartment complex, with different square feet area, should the monthly maintenance charges be collected on a square feet basis or a fixed amount, irrespective if it is a 2BHK/3BHK?

K. Narayanan

Chennai

As already discussed several times in this column, the Tamil Nadu Apartment Ownership Act prescribes that 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 (EGM) to decide and implement the mode of collection of maintenance charges in accordance with law.

Send in your questions to propertyplus@thehindu.co.in. All questions must have a full name and address. The replies here are general and readers are requested to seek independent legal advice. The Hindu or RANK will not be responsible for consequences of actions taken by the readers pursuant to this column.