Ganesh Ramani
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Sharing of Common expenses for a apartment association registered under Karnataka Apartment Owners Act 1972.
Q: We intend to register our apartment association under THE KARNATAKA APARTMENT OWNERSHIP ACT, 1972. As far as sharing of common expenses are concerned, the proposal is to have a hybrid model, where day-day maintenance expenses which do not depend on the unit size (eg electricity bills, lift maintenance, landscaping etc) are to be divided on a per flat basis, while expenses which has relavance to the flat size (eg painting, structural repairs etc) are to be on a per sq.ft basis. We have incorporated the basis by a clear table in our by-laws. However, clause 10 of KAOA 1972, states that The common profits of the property shall be distributed among and the common expenses shall be charged to, the apartment owners according to the percentage of the undivided interest in the common areas and facilities. Now, my question is : Are our by-laws valid? is it in violation of law? How will our by-law affect the way we share profits when there is any redevelopment? regards,

My comments to replies
Hello Ganesh, there is a well researched article written on it, You can read the article by clicking on the given link:The Karnataka Apartment Ownership Act, 1972
Gajendra, Thanks for the reply. The article does not cover my query adequately. My question is more pointed. To generalise, can we supersede Clause 10 of the act, by apportioning the common expenses by a different method of calculation, which is fair to all and depends on the usage. KAOA 1972, clause 10 says expenses proportionate to ‘undivided common interest’.
8th July 2014

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