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Can anyone oppose Common expenses dividation under Ownership Act 1972
09-Jul-2023 (In Civil Law)
Sir, i am residing in an apartment where 32nos 2 bhk and 16 nos 3 bhk flat are there. Our association is registered under karnataka apartment ownership act 1972. In clause 10 of the act it is mentioned clearly tha connon expenses has to be devived amount the owners as per the common undevided share they hold. So my question is sir if association want to follow fix expenses devidation method than can some one oppose this rule giving reference of the clause 10 of the Act and force them to follow clause 10 in sharing common expenses
According to the Karnataka Apartment Ownership Act, “Common expenses” means (a) all sums lawfully assessed against the apartment owner by the Association of apartment owners; (b) expenses of administration, maintenance, repair or replacement of common areas and facilities; (c) expenses agreed upon as common expenses in bye-laws; and (d) expenses declared as common expenses by the provisions of the Act or by the declaration or the bye-laws.
As the common expenses are liable to be shared there could never be any loss. On the contrary, there are chances of surplus fund which is known as common profits. Common profits mean balance of all income, rents, profits, and revenues from common areas and facilities remaining after deduction of common expenses.
It is to be seen in your case that whether you have already signed the deed of declaration under the provisions of Karnataka Apartment Ownership Act. If already signed, then you can’t oppose to pay the expenses.
As the common expenses are liable to be shared there could never be any loss. On the contrary, there are chances of surplus fund which is known as common profits. Common profits mean balance of all income, rents, profits, and revenues from common areas and facilities remaining after deduction of common expenses.
It is to be seen in your case that whether you have already signed the deed of declaration under the provisions of Karnataka Apartment Ownership Act. If already signed, then you can’t oppose to pay the expenses.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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