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

I own a flat in Chennai on the third floor of a building comprising 12 apartments. The association is collecting higher maintenance charges from the rented apartments as compared to the owner-occupied flats. Is this legal? The TN Act does not provide for differential maintenance charges between vacant and occupied flats.

P. Santhanakrishnan

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 said Act does not provide for any differential treatment for flats rented out and occupied by the owners.