Please intimate the legal provision whether a shop owner having shop in a residential apartment can be office bearer in the Flat Owners Association management body. Further, whether every shop should pay service charges (common) equally what the flat owner pay irrespective of the area shop have.
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Whether the shop owner pay all the capital expenditure of the apartment equally or as per their area of shop (commercial).
1) shop owner is also member of the society . i presume share certificate has been issued by the society to you as shop owner
2) maintenance charges are equal for all members irrespective of size of flat/ shop
3) there is no bar from member having shop in residential building for standing for elections to managing committee
4) check bye laws adopted by society
There is no legal bar in the shop owner becoming an office bearer of the Flat owners Association provided he is a member of the association.
The shops being part of the association they are bound by the laws and bye laws of the flat owner's association to which the shops belong.
If there is no fixed rate meant for the shops separately then they are obliged to pay the same at the rate fixed for other members/residents
Whether the shop owner pay all the capital expenditure of the apartment equally or as per their area of shop (commercial).
They may have to.
However you may go through the bye laws of your association at least once before raising any dispute in this regard.
1. How shop in a residential apartment has been sold? Has permission from Municipality/Corporation been availed for constructing a shop in the residential building and selling the same? Was there any provision for constructing a flat in the construction plan approved by the Municipality/Corporation?
2. If the said shop has not been constructed and sold legally in the apartment, then owner of the said shop can not be a member of the flat owners' association and being illegally constructed can not claim any service from the said association.
3. If the shop has been constructed legally as per the sanctioned plan and sold, then the payment of service charges etc. shall be as per the amount fixed by the Association.
1. There is no law which permits a shop to exist in a residential area legally.
2. However, if the said shop been allowed in the residential area as per sanctioned building plan, the service and other charges of the Association will be as per the amount fixed by the said Association by convening an AGM called for the said purpose.
1. Yes legally there is no bar for a shop owner to become flat owners's association unless the Bye Laws puts some restrictions.
2. The maintenance charge as per West Bengal Apartment Ownership Act depends on area of respective unit.
3. The charge should not differ on mode of user like residential and commercial.
all shop owners have to pay equal maintenance irrespective of the area of shop