As per West Bengal Apartment Ownership Act and Byelaws with amendments: WBAO Act Section 3 (i) “limited common areas and facilities” means those common areas and facilities which may be designated in the Declaration as reserved for use of certain apartment or apartments to the exclusion of the other apartments; 3 (e) “common expenses” means expenses of administration, maintenance, repair or replacement of the common areas and facilities and all other sums assessed against the apartment owners by the Association of Apartment Owners; 3 (f) “common profits” means the balance of all income, rents, profits and revenues from the common areas and facilities remaining after the deduction of the common expenses; 10 Contents of Declaration (1) … shall contain the following particulars, namely- (g) built up area of the property and each apartment, and the percentage of undivided interest in the common areas and facilities appertaining to each apartment and its owner. WBAO Byelaws section 10 Powers and Duties of the Board (1) … it shall be directly responsible for- (i) the care, up keep, maintenance, repairs and replacement of the common areas and facilities including the limited common areas and facilities of the property concerned, as referred to in sub-section (2) of section 13; 1) Should “limited common areas” be added to the built up area of each apartment to determine the percentage of undivided interest in the common areas and facilities appertaining to each apartment and its owner? e.g., say an AOA registered under WBAOA, 1972 has in all 100 apartments each of 1000 sq. ft. built up area and 50 limited common areas each of 100 sq. ft. One limited common area is allotted to one apartment, so 50 apartments have allotted limited common area and other 50 apartments do not have any allotted limited common area. Total apartments built up area = 1000 * 100 = 1,00,000 sq. ft. Total limited common areas = 100 * 50 = 5,000 sq. ft. Share of each apartment with a limited common area is a) (1,000+100) / (1,00,000+5,000) = 0.0105 OR b) 1,000 / 1,00,000 = 0.01 Share of each apartment without a limited common area is c) (1,000) / (1,00,000+5,000) = 0.0095 OR d) 1,000 / 1,00,000 = 0.01 2) Are maintenance / development expenses on limited common areas a common expense? 3) Should maintenance / development expenses on limited common areas be shared by all including those without a limited common area, as per share determined in 1) above? e.g., say Total monthly expense on common areas excluding limited common areas = Rs. 1,00,000 Total monthly expense on limited common areas = Rs. 7,500 Share in expense for each apartment with a limited common area is a) (1,00,000 + 7,500) * 0.0105 = Rs 1,128.75 OR b) (1,00,000 * 0.01) + (7,500 * 100 / 5,000) = Rs. 1,150 Share in expense for each apartment without a limited common area is c) (1,00,000 + 7,500) * 0.0095 = Rs. 1,021.25 OR d) 1,00,000 * 0.01 = Rs. 1,000
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Maintenance on limited common areas should not be shared by all members
2) it should be recovered from those members for whom the common areas are reserved
3) it is not common expense for all members
4) it should not be added to built up area of apartment
Yes it's correct as per above working
1. The bylaws of the association do not mention any such addition to the built up rea from the common areas, which has an anser from your own contents mentioned as bylaw No.3 above..
Common areas will remain as common areas only which belongs to all the members of the association.
2. The maintenance is to be paid by all the members as per the bylaws in this regard.
3. The limited common areas are to the exclusive utilisation of the limited members, hence any maintenance amount shall be borne by the said limited members alone.
1. If the bye laws is certain on the issue of accessibility of limited common areas and faculties to certain class of flat owners then it is meant to be common area for limited purpose of those limited flat owners only and they alone would be accountable bear its maintenance costs and not others which are not given access to it.
2. Therefore allocate the common area maintenance charge accordingly. In other words the flat owners who is restricted to use this limited common area would be held liable to bear its maintenance costs.
Dear Sir,
1.Yes this limited common areas be added to built up area to calculate the facilities and percentage of undivided interests.
2. Common area maintenance include cost associated with building walls, roof, exterior lighting, and climate control system.
3. maintenance of only common areas will be shared among holders of all apartments.
Thank you
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