I am from the association of a 2 year old apartment in Whitefield. We are facing some problems related to the issue of charging maintenance. Our sale deed specifically mentions about the payment of the common cost and as per square feet of area of the flat. Now people are arguing that such maintenance constraints aren't valid even after being mentioned in the sale deed. Does the association have the authority to over rule the sale deed and decide on its own? Also, if they decide to charge differently from the sale deed can they be sued?
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Answered on November 08, 2017
It would depend under which act is the association registered. Is it the co-operative societies act or the apartment ownership act. The provisions of such act would have to be read with the terms of the sale deed and anything contrary to the act, would negate the terms of the sale deed and could invite litigation.
