These are issues relating to RWA ( resident welfare association ) .. Since in your apartment it is not yet formed you cannot take action against any BODY.. 1) lifts are commonly used , you can use it as per your conviniance as far it is not damaged or spoiled..2) common area maintainance are charged in many luxurious and bid apartments, and is fair to do so ( unless the fund is not misused) as it utilised for recreation for all residents ..3) if you have objection about the water meters you can raise your objection , along with more residents in the meeting of general body ..4) the seepage problems if it is non rectifiabe , you can claim compensation from builder..( if it does not comply with the building norms)
Lift usage and installing water meters and maintenance charges
Hi, I live in a penthouse in the 10th floor in Bangalore. I needed few clarification on 1. acceptable usage of lifts. My apartment dosent have a service lift though it is a high rise apartment. Recently I was prevented to use the lift to transport some pots, sand and manure for gardening to my apartment though I assured them that proper measures will be taken to prevent dirtying or damaging the lift. Is there any legal notice on acceptable lift usage in apartments. 2. There are charging maintainance charge for the open garden area in my pent house. Are there any defined rules or laws on maintainance charges of pent houses. 3. They want to install water meters for every apartment at the cost of the appartment house owners. Each appartment will have 3 to 4 meters, one for every inlet. Is this legal to force us to do so. 4. There is water seeping in our balcony when ever it rains. We have raised Complaints to the appartment property manager who is hiered for appartment maintainance however no action has been taken stating that the ad-hoc commity has not approved the maintainance. PS. No association is formed yet in our appartment. A self proclaimed ad-hoc comity is formed and they come up with these resolutions without seeking advice or majority from all appartment owners. The also published rules and resolutions on appartment adda site for our appartment. I am exposed to extreme anxiety and tension because of this. If any of this illegal or any action be taken against this ad-hoc commity, kinda advice.
Asked 8 years ago in Property Law
Religion: Christian
5 Answers
1) you are at liberty to use lift for transporting pots , manure . you cnanot use lift for transporting heavy materials as it may damage the lift
2) the bye laws adopted by association would contain provisions regarding maintenance charges to be levied
3) there is generally one common meter for each building .generally there is no separate water meter for each flat . object to installation of water meter . it has to be passed by resolution in AGM
4) association is bound to rectify leakages in your balcony
5) you are not bound by the decisions of ad hoc committee . cooperative society can be formed of all flat owners . elections held and duly elected MC should take charge of operations
1. if lift is for common use then no individual flat owner can not stopped from using unless he causes damage to it. So you are eligible to carry the same without dirtying the lift.
2.There is no separate law for maintenance of penthouse.
3.This is not compulsory unless the local authority directs the same.
4.The ad hoc committee has no legal sanctity and hence its resolutions are not binding on you.
Hi, The committee has no power to pass all these resolution first it has to be registered under the apartment act and they have to conduct election and then newly constituted body has to pass a resolution in the General Body meeting.
2. So decession of the association is not binding to you. you can challenge the same in the court of law.
1. List or elevator is meant for the purpose of carrying the men and material from one place to another vertically up and down. The society cannot impose any restriction it even if ther is a clause in the bye laws as it is not justifiable.
2. If the open garden area is a common apace then there is a justification in the demand made, you canot utilise the common area for your own self.
3. This will be based on the resolution passed in the general body meeting, if so, then you canot agitate over it.
4. This has to represented in writing to the association so that the association is informed about the lethargic attitude of the manager and will take some corrective measure.
The adhoc committee has no power to force any member to act on their whims and fancies, you can challenge their authority.
