Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm
Our gated community, recently constructed by a reputed builder in Chennai, comprises 288 flats built in over 4.31 acres. It has various amenities like a clubhouse, gym, park, kids play area, security etc., that are common to all 288 owners. All units are of not the same size and they vary from 596 sq.ft. to 1,550 sq.ft.
Our Resident Welfare Association (RWA) is planning to collect the maintenance fee from all owners. The biggest hurdle the RWA is facing is regarding the method to be used as the flat sizes differ but the amenities are common to all. A few owners have opposed calculating maintenance cost per sq.ft., while others do not want the common method followed.
Please help us understand the following points:
1) Does the RWA have the right to choose the method of collecting maintenance? For example, the common method wherein all expenses like support staff…