A member of our resident apartment association is refusing to pay the maintenance charges. He is claiming that the maintenance charges must be collected in proportionate to the UDS enjoyed by each flat owner. We were collecting the amount equally from all flat owners since we formed the association in 2010. Is that member correct in making these claims? What action can the association take to recover the pending dues from this member?
- Sanjay Kumar
There is no rule regulating the charging of maintenance to be paid by the owners/occupants in an apartment complex. The association of the residents must pass appropriate regulations fixing the maintenance charges in an acceptable manner. The fair method is the proportionate fee relating to the area of occupation by each resident. In case there is a failure on the part of one resident, there are no coercive powers given to the association. The only method is to go to court.
Is cryptocurrency legal in India? Am I allowed to buy/sell the coins through online banking? We could see many articles coming every day which are all highly contradictory. Please give us a clear view on the same.
-Jerry, Chennai
Investments in cryptocurrencies are not approved by RBI yet. Online trading is to be done at the investor’s risk. The Income Tax department had issued notices to those who have invested and proceedings are pending.
After the death of my maternal uncle, we got information that the family house in Kerala has been sold. This shocked us since we were not even informed. The house was bought by our grandmother and it is not clear whether she left any Will, giving the property to my uncle. If my grandmother had died intestate, how can we take it forward? Can we pursue a case as my mother’s honours/awards (kept in that house) have all gone missing and nobody is providing any information and have taken this seriously?
-Hari
You can ask your mother to file a partition suit and ask for her share of the property. With reference to her personal collections, there is no method of recovering them unless you know the person who had secreted away those souvenirs..
Justice K Chandru
@expertexplains@gmail.com
is a former judge of the Madras High Court