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

Between a 1BHK and 2BHK apartment, I would like to know if the the 1BHK apartment owner or occupant pays less maintenance, provided all the utilities are shared evenly. Here are a few related queries:

– Should all the modifications or structural changes be agreed upon by all owners? Even if one person objects, will it become null and void?

– If the secretary or the office bearers make a change — without discussion or approval — in the common area, can the affected owners take action?

– In an apartment complex, does a 2BHK owner have more rights than a 1BHK owner?

– Can only 2BHK owners be office bearers and do they have the right to refuse others to be part of the apartment association?

Hari Kumar

Chennai

As per the provisions of Tamilnadu Apartment Ownership Act, common expenses should be charged to the apartment owners according to the percentage of undivided interest of the apartment owners in the common areas and facilities.

On the question of modifications to building or structural changes, the same has to be considered and approved by the general body in a properly convened meeting.

If such measures are approved by the majority (as provided in the bye-laws), the same will be valid and binding on all the members.

An office bearer or an individual owner cannot do any act with respect to the common areas affecting the rights of other owners. The bye-laws of your association have to be looked into for ascertaining the rights and obligations of the individual owners including the rules prescribed for nomination to the committee.