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

As part of a joint development (two years ago) a builder developed eight flats: Five units for the land owner’s family and three were allotted to the builder who sold them to outsiders. There is no apartment association as three buyers gave it in writing they are not interested in forming one. Until today, one flat owner has not occupied his unit nor has he rented it out.

Major expenses such as security, common area cleaning, license renewal, external painting, pump replacement, generator maintenance, etc. are shared equally among all eight owners but as one owner is not present, is it fair he pay for certain services such as common electricity consumption charges, water tank cleaning, plumbing, etc.?

R.S. RAMAN

Chennai

The Tamilnadu Apartment Ownership Act has partially come into force and is applicable to every building containing five or more apartments or three or more floors. The provisions of the Act require forming an association of apartment owners for maintaining the common areas and facilities. The Real Estate (Regulation & Development) Act (RERA), also envisages that the developer shall enable formation of an association for the projects registered under the Act.

Hence, it is a requirement to register an association and frame your bye-laws for dealing with various aspects of common use and enjoyment of amenities and facilities provided in your building. As per the provisions of the 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. The Act does not provide for differential maintenance between vacant and occupied flats.