Is it legal for apartment complex associations to do this
I would like to know if the following things our apartment complex association does is legal by the laws of the land:
- The complex has guest parking areas, but if we have a guest staying overnight, they charge us Rs 250/- per night. Given that we pay maintenance and parking spots are not something to be procured, is this allowed by law (even if it has been approved as a by-law with proper process)?
- If we are doing any renovations in our apartment, they charge us Rs 4000/- without providing any facility, services or accomodation - not even a designated area where we can temporarily store the debris until our truck comes to pick it up. It is just like a tax.
- Recently they modified the pet policy to include fines for violations. The policy indicates that if fines are not paid, they will be added to the annual maintenance charges (and we would be in a larger violation if we didnt pay these). This seems to allow them to give themselves extraordinary powers in terms of being the arbiter and judge with respect to any fines they themselves have levied.
Also I am not sure if the by-laws of our society are even properly registered (some residents told me that they arent) or if due process has been followed in coming up with these amendments. Is there a simple way to find out?
Very grateful to any advocate who can help me understand whether these are wrong by law of I just have a misconception. If I am right, I might want to pursue these in the interest of the community because this has been bothering me from some time as a matter of principle.
Asked in Property Law from Bengaluru, Karnataka
for the association to function it must be mandatory to be registered either under the KAOA or under the Karnataka Societies Act, if it has not been registered then you lodge a complaint with the jurisdictional police as a member of the apartment complex and bring it to their notice.
If the society or association has indeed been registered, obtain a copy of the bye-laws, rules and regulations of the association. this is necessary to determine if such powers are vested with the Managing Committee.
Sir, this does not answer the primary question I had asked at all related to their right to charge for guest parking, renovations without providing services and bundling fines with maintenance dues. You have not answered even the question about registration properly. I was asking about by-laws, due process in amendments and how I can find out about due process in coming up with amendments.
I dont mean to be rude, but the answer your have provided that associations have to be registered under KAOA is known to everyone - not advice worth paying for.
Asked 2 years ago
if you do not give me specific answers you will get only vague answers, primarily is the association registered, do they have bye-laws, if so provide me those.whether they have power to charge for guest parking will be provided for in the bye laws, rules and regulations.
without being rude- What an understatement.
try to provide correct information to get proper answers in future.
1) association cannot impose rs 250 for overnight guest parking . If any such provision has been incorporated in bye laws check with the registrar office if it has been duly approved
2) association can charge reasonable parking charges for members if they have been allotted car parking slots
3) if any such provision for charging rs 250 for overnight car parking is approved you will have to move court to challenge the same
4) is rs 4000 charged by association refundable or non refundable . Many associations recover it as deposit which is refunded if no loss is caused to association when renovation is carried out
4) if association is not refunding rs 4000 then you will have to complain to registrar against the association
5) if no action is taken by registrar you will have to challenge said resolution in court of law
6) no details have been furnished by you regarding pet policy . Association cannot restrain you from keeping pets but if your pet poop is not removed by you association can impose nominal fine
1) you can file RTI application with the registrar to find out whether amendments to bye laws have been duly approved by registrar or not
2) you also have as member of association right to inspect the bye laws
3) you can on payment of nominal charges obtain copy of bye laws from the association
The apartment owners association cannot take decision arbitrarily without passing any resolution to this effect in any annual general body meeting and following the procedure properly for passing such unjustified resolution.
The charges of rs. 250/- for car parking for guests for a night is too much and exorbitant and also the charges for renovations.
Who passed such a resolution, whether in a meeting or the decision was taken unilaterally by the office bearers of the association? Whatever it is, though this is common for all, this appears to be irrational.
Did you confirm whether the association has been registered with the concerned authority?, if yes, then you may issue a notice stating that the charges are exorbitant and unjustified hence it is against the interests of the apartment owners, should either be removed immediately in full or to be modified to lowest possible level. If there is no response from the secretary or the president whom you have sent the notice with acknowledgment, the competent authority may be approached with a letter/complaint stating the grievance and seek its intervention for the relief desired. The approved bye laws will certainly not burden the members to this extent as what has been expressed by you. There will be some fruitful result once someone bells the cat.
1. There is no law which specifically declares whether the association can charge or nor for a guest entry or for carrying out renovations inside the property.
2. The answer lies in your sale deed alone. Only and only if there is a clause therein which empowers the association to charge for the guest entry and also renovations it will be entitled to do so. If there is no such clause the association has no power to charge the amount.
3. The amendments to the bye-laws can be carried out in the manner laid down in the bye-laws by calling the required quorum.
4. If the registration has not taken place then a complaint can be preferred to the registrar,
1. You are the member of the society and not separated from the Society,
2. All such decisions are taken by the society after passing resolution in AGMs or Meeting of Board of Directors selected/elected by you,
3. For changing the Decisions of the society, you should call for discussions in your next AGM to alter them if majority of the members agree,
4. As regard your specific questions, the decision of charging Rs.250/- towards owner night parking of the guests cars is well within the rights of the society since the guests are using the car parking space for the night and if such charges are not made any guest(may be from nearby society having no car parking space but a fiend in your complex/society) can park his car for every night which no body can object to legally,
5. Charging of penal interest for delay in paying maintenance is followed by all the societies otherwise there will be no payment compulsorily made for running the Society duly providing maintenance services, paying salary to the employees etc.,
6. If you do not know whether the bye laws of the society has been submitted and recorded before the Registrar or not then find it out from the Registrar. Visit the registrar's office to investigate on the matter. You can also take the RTI route to get the said information,
7. Finally, it appears that you are treating your society as 'they' whereas it should be treated as 'We' and you are also liable and responsible for any action taken by your society unless you put on record your objection against any of the decisions taken by the Society.
1. All your queries have been answered to the best of my knowledge,
2. I have also tried to make a change in the thought about the perceived problem so that you can decide about the possibility or rationality to agitate on the given issues, leave apart taking any legal action involving expenses.