Shorter Version of Tamil Nadu Apartment Ownership Act, 1994 (Section 19(1))
Dear Residents,
We want to bring to your attention an important legal issue regarding unfair maintenance charges in our association. Recently, the management has decided to charge maintenance on a per-unit basis instead of per-square-foot, which places an unfair financial burden on smaller apartment owners.
What Does the Law Say?
As per the Tamil Nadu Apartment Ownership Act, 1994 (Section 19(1)), maintenance charges must be calculated based on the undivided share of land (UDS), meaning they should be charged per square foot and not equally for all units. This ensures fairness, as larger apartments naturally consume more common resources.
The Tamil Nadu Societies Registration Act, 1975 does not specify a method for calculating maintenance, but if an association is registered under it, it must still comply with the Apartment Ownership Act, which legally overrides any conflicting society rules.
Why the New Maintenance Charge is Unfair?
- Smaller flats end up paying more than their rightful share.
- Larger units, which have a greater undivided share of land, contribute less than they should.
- Any decision that contradicts the Tamil Nadu Apartment Ownership Act is legally invalid and cannot be enforced.
What Can Residents Do?
If you are affected by this change, you have multiple legal options:
- Raise a formal objection to the association in writing, citing the Tamil Nadu Apartment Ownership Act.
- Request an Extraordinary General Meeting (EGM) to discuss the issue collectively.
- File a complaint with the Registrar of Societies, who has the authority to intervene if the association is violating legal requirements.
- Seek legal action through civil courts or the Consumer Forum if necessary, as residents are entitled to fair and legally compliant charges.
Final Thoughts
The association exists to serve all residents fairly. We urge the management to reconsider this decision and adopt the legally mandated per-square-foot maintenance model. If there is no resolution, affected residents should collectively challenge the policy through the proper legal channels.
For those who would like to be part of the discussion or require assistance in filing objections, please reach out. Let’s work together to ensure fairness and transparency in our community.
📌 Stay informed, stay united!
Casagrand Supremus Residents’ Forum
