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

In an apartment complex in Chennai, the per sq.ft. cost for a 1, 2 and 3BHK differs by nearly 40%. Despite being fully aware of the provisions of the laws, the Association has passed resolutions against the provisions of the TN Act.

This issue has been taken up with the Association but the members continue to harass the 1BHK owners by sending unreasonable demands and continuing to pass invalid resolutions.

The Association also keeps changing their stance on applicability of law, definition of UDS, etc. As our flat is let out, we charge the occupant as per the UDS.

Please confirm if the maintenance changes for apartments are to be paid only on the basis of UDS.

Also, do 1BHK occupants and owners have the right to limit the payment (on the basis of UDS) and is the treasurer bound to issue a payment receipt?

Suganya Rajan

Chennai

As per the provisions of the Tamil Nadu Apartment Ownership Act, the common profits shall be distributed 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.

However, the Act has not been implemented in full and the competent authority under the Act has not been notified. In the event of a dispute with the Association with respect to the charges levied, you may issue a notice through your lawyer to the Association. Thereafter, if necessary, you may get appropriate directions from Court.

The Association is also bound to issue receipts to you for payments made and you are entitled to insist on the same.