Apartment Society Maintenance Charges
8 months ago
Can apartment flat owners association increase maintenance charges without consent of two third majority of flat owners?
A.Dear Client,
The power and authority of an apartment flat owners association (also known as a residents' welfare association) to increase maintenance charges without the consent of a two-thirds majority of flat owners will depend on the specific provisions of the relevant laws and the association's bylaws or governing documents.
In India, most states have their own specific laws governing apartment ownership and associations, such as the Apartment Ownership Act or similar legislations. Additionally, the association's bylaws or governing documents typically set out the procedures and requirements for increasing maintenance charges.
In general, apartment associations have the authority to increase maintenance charges, but the specific conditions and requirements for doing so may vary. It is common for the association's bylaws to require a specific majority vote of the members, such as a two-thirds majority, before approving any increase in maintenance charges.
It is advisable for flat owners to carefully review the relevant laws, the association's bylaws, and any other governing documents to ascertain the procedure for increasing maintenance charges. If the association is proposing to increase the charges without the required level of majority consent, flat owners may have legal recourse to challenge such increase or seek proper compliance with the applicable requirements.
Thank you.
The power and authority of an apartment flat owners association (also known as a residents' welfare association) to increase maintenance charges without the consent of a two-thirds majority of flat owners will depend on the specific provisions of the relevant laws and the association's bylaws or governing documents.
In India, most states have their own specific laws governing apartment ownership and associations, such as the Apartment Ownership Act or similar legislations. Additionally, the association's bylaws or governing documents typically set out the procedures and requirements for increasing maintenance charges.
In general, apartment associations have the authority to increase maintenance charges, but the specific conditions and requirements for doing so may vary. It is common for the association's bylaws to require a specific majority vote of the members, such as a two-thirds majority, before approving any increase in maintenance charges.
It is advisable for flat owners to carefully review the relevant laws, the association's bylaws, and any other governing documents to ascertain the procedure for increasing maintenance charges. If the association is proposing to increase the charges without the required level of majority consent, flat owners may have legal recourse to challenge such increase or seek proper compliance with the applicable requirements.
Thank you.
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