Comments on: A guide to Apartment Owners’ Associations in Bangalore

By: Ketan

Ketan — Sun, 27 Jun 2010 23:56:38 +0000

I have booked and registered an apartment and my loan is still pending disbursement (as the floor plan is not yet approved). The building is almost on its completion in next 2 months and still the builder doesnt have the floor plan sanctioned. Can someone please help me understand here will this be an issue. I have registered this property but as per the bank its waiting for the builder to handover the approved floor plan and the builder has been telling me that it will be approved soon, I am getting a little worried, can someone help me understanding that will there be a problem in getting this approval?

By: vasu

vasu — Fri, 18 Jun 2010 12:38:50 +0000

What is a building facade ? Does my balcony come as a facade ? and do I have the right to paint and tile my balcony (wall tiles) ?

Is there any place where this is defined clearly ? My association by laws does not define what a facade is..

Where do I stand legally about tiling my balconies ?

any opinion / past experience is greatly appreciated.

thanks,

vasu

By: Krishna

Krishna — Sat, 12 Jun 2010 20:55:45 +0000

Hi,

Our builder has not called for any assoication meeting even after 1 year of handing over apartments to individual owners. We keep asking him several times and he gives several reasons like some of the owners are out of station etc. In this process, he still keep collecting maintenance fee and there were no accounts for these expenses. Since we have not registred any assoication so far, i would like to know is it builder responsibilty to handover the maintenance to assoication of owners after some point of time ? what if if there is no owners association formed.. need some inputs on these queries..

thanks
Krishna

By: Dinkar

Dinkar — Tue, 25 May 2010 06:10:15 +0000

Hi Swetha,
In my complex private terraces (for penthouses) are included for fee calculation. But they are charged at a lesser rate.
It depends on what is present in your by-laws. Guess your Association Office can help. If your Association is using ApartmentAdda, check up the ‘Flat Dues’ section to know the calculation basis.

By: Swetha Iyer

Swetha Iyer — Mon, 24 May 2010 14:04:52 +0000

Hi.

I need a clarification. As a part of our duplex apartment we have also got 257 sqft of private terrace. Our maintenance charges as per our apartment resident association are based on per square feet. Do we need to include the private terrace (which is maintained by us) in calculating the maintenance fee?
Kindly clarify the same.

By: Nikhil Bohra

Nikhil Bohra — Mon, 17 May 2010 09:24:22 +0000

Hi Avinash.

Handover checklist from erstwhile Management Committee to newly elected Management Committee. There could be additions/removals specific to each case.

1. All Association Documents – Society Registration Certificate, Tax registration certificates, By-Laws, Minutes of Meetings, Contracts, Financial Statements till date, Account Statements, Asset Book, Stock Book, Bills etc.

2. All Stamps and identifiers of the Association.

3. Change of Signatory – Has to happen in the Association Bank so new Management Committee can sign cheques. Bank Passbook handover.

4. Introduction to all service providers of the Association – AMC providers, Auditor, Lawyer etc.

5. A handover document that all the above have been completed – signed by both parties.

6. Information to Registrar of Societies regarding the change of Committee.

By: Nikhil Bohra

Nikhil Bohra — Mon, 17 May 2010 09:16:35 +0000

Hi Mahesh. Maintenance Fee is against each Dwelling Unit, and there is no relevance of the Owner owning other Dwelling Units in the same Complex.

So, the answer is yes. An Owner owning two flats pays twice the mtce fee (assuming each flat is identical wrt mtce fee).

By: Nikhil Bohra

Nikhil Bohra — Mon, 17 May 2010 09:12:17 +0000

Hi Sandeep. The legal ownership of the terrace clearly belongs to the owners if the super-built up area includes the terrace area.
However, if the Builder has retained the ownership of the terrace, because he is going to maintain your complex for certain amount of time, then his control of the terrace should only be until that time. The utilization of the Terrace and the revenue earned therefrom have to be made transparent to the Owners/Owners’ Association at all times. Repairs to the Terrace has to be borne in the same way rest of the Common Area is treated.

By: Sandeep Bondre

Sandeep Bondre — Sat, 15 May 2010 18:19:45 +0000

The builder has charged super built up rates the agreement has clause the he retains the ownership of the terrace, can use the same for advertisement or cellphone tower etc can he do so in future the money from advertisement on terrace can be utilised for maintaining the society is the builders stand legal and if so any repairs to the terrace should be borne by him
Pl provide your legal views
Sandeep Bondre

By: MAHESH KASAR

MAHESH KASAR — Sat, 15 May 2010 11:57:36 +0000

one owners having tow flats can we pay doubal maintanance amount?