MAINTENANCE OF APARTMENT BUILDING

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The unique feature of apartments is that the owner of an unit in the  apartment building will possess and enjoy his property subject to several restrictions.Such a owner will not get absolute ownership over the land on which the apartment building is constructed and he only gets an undivided share in it.Not only this, he has to use the common areas and the facilities such as stair case,elevator,basement,swimming pool,recreation centre, community hall, etc., in co-ordination and co-operation with other apartment owners. Under such peculiar circumstances, in order to give a long life to the apartment building,it would be appropriate that all major repairs to the apartment building be carried out at lease once in ten years while the periodical white washing and minor repairs can be carried out as and when required. Then, the immediate question that arises would be :What constitute Major Works.  Normally, the following types of works  are considered as major works of repair:

Water  Proofing  :

Whenever surki is used as water proof course the surki become weak over a period of time and damages appear in the roof resulting in leakages in the roof of the top floors.If proper slope is not given, the waterproof course gets damaged early. If unwanted furniture and other materials are dumped in the terrace, the terrace do get damaged early.To prevent such leakages, the civil engineers suggest replacing waterproof course and surface treatment of the entire roof surface requiring several lakhs of rupees.

Instead of carrying out total surface treatment, if only patches are repaired, then there is every possibility of frequent repairs since new patches may appear within a couple of days. It is, therefore,  necessary to treat the entire surface or provide better type of water proofing with adequate slope to drain off rainwater and this treatment may remain intact for 5 to 10 years. However, in  buildings where tiles are provided on the terrace, repairs and leakages problem could be  less.

Water  Supply:

A number of high rise buildings are coming up in most of the metro cities, which require borewell in each such high rise building.This results  in the depletion of underground water level. Gradually the yield in the  existing borewells would get reduced requiring further deepening of such  borewells.This work of deepening of bore wells  will cost several thousand rupees.

Similarly, the G.I. pipes inside the bore wells and the pipes inside the sump tanks do normally get rusted after 12 years of installation.  Therefore, these  pipes require to be replaced.Now-a-days, plastic rust proof unbreakable pipes are available.The replacements cost several thousand of rupees depending on the depth of the  bore wells.The water supply pipes feeding water to individual flats also require replacement as and when they get worn out requiring huge amount of expenditure.

Lifts :

Normally, after usage of 12-15 years,  the existing lifts may require replacement.  Presently, the minimum  cost of a  lift would be about Rs. 5 lakhs. 

Motor  Pumps :

In an apartment building, as large quantities of water are required to be pumped to overhead tanks, usage of motor pumps for long durations every day becomes necessary.  Such long hours usage of water pumps would affect the functioning of such pumps requiring frequent repairs or replacement for which purpose reasonably good chunk of money is required. Pumps and motors could at the best serve us for 12 to 15 years and thereupon they require replacement.

Electrical  Wiring:

It would be dangerous to continue to use the old and damaged electrical wires in an apartment building.Complete electrical wiring and meter board may have to be replaced at least after a lapse of  12 to 15 years.

Sewer  Lines :

The next major work of maintenance is to repair the leaking sewer lines caused due to damages in the existing sewer pipes or joints. Sewer lines coming down from the flats also require replacement costing considerable expenditure.

Pavements:

In an  apartment building, the number of vehicles would normally be more and due to frequent  movement of vehicles, pavements do get damaged very frequently.In order to maintain the apartment building habitable, proper upkeep of pavements is necessary.Therefore, pavement all round the building may have to be repaired or replaced with concrete or slabs depending upon the condition of the existing surface.

Apartment owners and tenants have to pay maintenance fee for the amenities and service enjoyed by them in the apartment building. Expense incurred for the maintenance of common area is shared among residents of apartment and income is distributed among apartment owners.Apartment owners form an association for collecting the maintenance fee and association works for the welfare of owners and residents of apartment. To undertake all these major repairs/replacement of utilities,the Apartment Owners Society/Association should have sufficient  funds in the form of “Sinking Fund”. From out of the monthly maintenance charges collected by the apartment owners association from its members, it is desirable that a considerable percentage should be reserved towards for sinking fund to meet the expenditure on major repairs.

If Apartment owners Society/Association does not have sufficient funds at its disposal and sinking fund is not maintained, collection of additional charges from the occupants would be an Herculean task for the office bearers. The common expenses will include the amounts determined to be payable as such by the Society or Association. It includes expenses such as expense of administration, maintenance, repair or replacement of common areas and facilities. So long as there is no dispute, any system which is acceptable to all the apartment owners can be implemented on the basis of consensus.

There are various methods of calculation of maintenance charges. The following are some:

a)Flat  Monthly  Fee:

Under this method, apartment owners association or society calculates the total maintenance charge and divides equally amongst all the flat owners. In an apartment building, there may be flats with different sizes. Under this system irrespective of size of the flat, all flat owners will be paying equal maintenance fee.This system is generally followed where apartments are of the same size.

b)Per  Square  feet  rate:

Under this method, variable rate depending upon square feet of each apartment or flat is charged.Larger the square feet owned, higher will be monthly maintenance fee.This is widely practiced in Apartment societies with different sizes of apartments. The logic behind this being that since you have bought the flat on the basis of sq ft., you must pay the maintenance on the same basis.

c)Partial  flat  rate:

Under this method, the association or society charges flat rate for a limited square feet and for each additional unit of sq.ft. there will be an extra charge. For example,  the flat owners who own up to 1000 sq.ft. will be charged at a fixed rate and for every additional 100 sq.ft. there will be an extra 2 per cent charge of maintenance fee.In this case, all flat owners with 1000 sq.ft.  pay equal amount but the flat owners of 1100 sq.ft.,1200 sq.ft. and 1500 sq.ft. pay higher amount towards monthly maintenance fee depending upon the size of their flat.

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RESIDENTIAL ILLUMINATION

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Subtle and unobtrusive lighting produce the best results.Whether it is the home or office or the business spot the lighting should neither be too bright nor too dim.It should be invisible.Residential illumination is a special kind of its own.It demands personalization in social spaces like the living room as well as in private spaces like the bed room.A flick of a switch which turns darkness into light, can change a room from romantic to dramatic, to relaxing and even  more energizing.

If the lighting plan is effective, it helps integrate the entire visual environment by creating an appealing ambience for the persons residing, there and establishes guidelines to avoid visual chaos and fragmentation. Illumination that is concealed and placed carefully can make quality lighting an integral part of aesthetics and an essential function of architecture. The home lighting is not just the conventional placement of wall lights, pendant lights or chandeliers.The following points had to be borne in mind and be followed for an effective lighting plan.

Living Room:

The lighting illumination for the living room has to be in such a way that, it should provide a relaxing and inviting space, by blending general and accent lights, punctuated with task lights.

- An adequate general illumination level should be established

- Individual lighting arrangements should be made for highlighting art work, plants and bar counter.

- If an entire wall is illuminated with overhead fixtures, it will provide background for room furnishings.

- The decor can be enhanced and doubled up as accent lighting by using decorative fixtures.

- Architectural features like niches and mantels could be played up.

Dining Room:

The lighting in the dining room should be such that it should create an atmosphere that elevates the mood of the diners and also flatters the food before them, simultaneously it should be conducive to pleasure and conversation.

- The visual emphasis has to be kept off the ceilings and the wall.And it should be focused on the décor of food and guests, with the help of ceiling downlights.

- Any meal can be given a special touch by placing candles and a few lamps in decorative holders.

- Special lighting emphasis should be offered to the service areas and chinaware/silverware.

Kitchen:

The kitchen illumination should be in such a way that it provides the right combination of beauty, safety and comfort for the user.

- The general lighting should be well distributed, uniform and as shadowless as possible.

- If fluorescent fixtures are used they reduce the energy consumption without sacrificing illumination.

- For counter tops, under cabinet task lighting is ideal.

- Over the sink and cooking range, recess luminaries could be placed over.

- If low voltage, mini lights are placed over under and inside cabinets, the kitchen cabinets and be well accentuated.

Bed Room:

Bed room being an area of gentle and tender emotions, it should have a subtle aura, helped by combination of general and task lighting with the overlay of accent sources.

- Downlights should be avoided over the bed for they are a direct source of glare.

- For reading at bedside, a table lamp or wall light may be placed on a swivel adjustable arm.  

- The closet, the room within a room should be lighted up.

- The uplighters always cut glare and wash the ceiling, providing soothing ambient lighting.

- Dimmers can be useful to play with the intensity of light as per the mood required to be created.

Bath Room:

The best arrangement of lighting for the bath room will be a combination of general and task illuminance.

- If light sources are provided on either side of the mirror the shadow on the face will be minimized.

- Lighting in the bathing area can have a soft glow.

- The light fittings should be vapour proof and water tight.

Corridor, Passage  Hallway:

The light fitting in these areas should neither impede circulation nor cause a glare.

- As these are transition spaces,intermediate illuminance levels could be created.

- For these areas, a two-way switch on either ends should be installed.

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VICTIMISATION OF INNOCENT BUYERS OF FLATS

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Many buyers of flats face problems due to mistakes committed by the builder. Recently, a friend wanted to buy a flat  in North Bangalore in an apartment nearing completion.He produced a brochure given by the builder.The brochure contained elevation of the apartment building with basement, ground and four floors. It is mentioned in the brochure that BBMP sanctioned the plan..But, when enquiries were made with BBMP, it was found that BBMP sanctioned basement, ground and two floors only. 

It was also found out that the site is facing a road only 15 wide and additional floors requested by the builder is not being considered by BBMP. Several persons might have advanced considerable amounts to buy the flats.The builders may continue to build  additional floors as enforcement by BBMP  is not good or in collusion  with BBMP officials of that area.If any complaint is made about  unauthorized construction of floors, builder will obtain  stay orders  from the Court   and forget about the action by the BBMP. Such things are common in Bangalore especially if the builder is not a reputed firm.The builder may feel to get the  violation   of  additional floor /floors regularized under “Akrama- Sakrama  Scheme “, when introduced.

  

The BBMP Revenue Department may collect property tax for that illegal built up area saying that property tax payment is not a commitment to regularize the unauthorized additional  area. 

Buyers of such flats will have to face problems in the future. BBMP may claim betterment /development charges from  buildings  which were  in  panchayat limits   before they are  included in the BBMP area. By then, the builder will not be available after selling all the flats in that apartment project. Even if available,  he may not be willing to pay the betterment charges/development charges  claimed by BBMP, which is a substantial amount. The owners may have to form an Association of Owners and collect contribution from the flat owners to pay betterment/development  charges to the BBMP. 

  

Many of the owners may not be willing to pay contribution for betterment/development  charges saying that  they have paid  market  value to the builder and may  suggest that the builder may be forced legally to pay betterment charges to BBMP. The builders  escape such expenditure later by including a condition in the sale deed  that for all future payments to the agencies, builder is not responsible and should be borne by the buyer/buyers.The problem will continue and sewerage connections will not be provided. They may manage water supply from the bore well. But, BBMP services like; garbage removal, road maintenance, street lighting,  etc will not be available.

There is one more problem to the buyers of flats in that apartment  in respect  of  ‘Undivided Share of the Property’. In the beginning of the project, the undivided share is distributed to the sanctioned flats. The buyers of flats in the unauthorized floors later may not get undivided share for their  flats, or the builder may cheat  by calculating undivided share later on including the illegal flats. This problem will have to be faced many years after the construction of the building when it is decided to demolish the existing building to build a new modern building,  or when the building collapses during earth tremors  or  earth quakes. When a new building is to be  constructed in such a situation, the area to be given to each of the flat owners in the new building based on the undivided  share indicated by the builder will lead to disputes among the owners. Builder will not be available at that time or will not be willing to involve in this problem even if he continues to be in the building activity.

  

Advice to the flat buyers  is to verify the building  plan  sanctioned by BBMP or Appropriate Town Planning Authority  and other  points  mentioned above to see that they do not have problems about the building in the future.  

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ORAL PROPERTY TRANSACTION

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There are many many types of transaction in property dealing and documents like Koorchit, 'Memorandum Recording Ear­lier Oral Partition,' 'Memoran­dum Recording Family Arrangement,' Baagappirivinai Kathu and so on.Large number of property transactions takes place orally but we must see how valid are these transactions and are these documents valid? Let us see what the law says.The division of property is known as partition.It is also the specific ascertainment of share held by the co-owners.

A family arrangement, on the other hand, is a settlement of issues or an arrangement on the basis of claims that may arise regarding the property.Sometimes the claims may be unreal.However these claims must have a basis.The family arrangement include the elements of a partition.The documents regarding the transactions are also not stamped and registered. Whether such documents require to be stamped and registered is an im­portant issue.

Ownership  transformed

Partition is a process whereby the joint property is partitioned or divided for the individual enjoyment of the property of the co-owners. It is only a specific determination of each share.Each one of the sharers will have had a prior title.Partition is not regarded as a new transfer therefore there is no conferment of a new title.

For the purpose of family arrangement it is important to understand the word family as the word 'Family' will be interpret­ed depending on the nature of the document and the transaction.For eg; Under the Indian Stamp Act, ‘Family’ for the purpose of settlement includes father, mother, husband, wife, son, daughter and grandchild. In the case of any one whose personal law permits adoption, 'father' shall include an adoptive father, 'mother' an adoptive mother, 'son'  an  adopted son, and 'daughter' an adopted daugh­ter.

The same concept is extended to transactions like 'Release' and 'Partition.'But the word family in case of family arrangement has to be understood in a wider sense so as to include not only close re­lations or legal heirs, but even those who may have some sort of antecedent title, a semblance of a claim or a possible claim.The reason behind for this is that it ensures that future disputes are settled permanently.

In case of family arrangement it is necessary that the parties must be related to one another and have a claim or a possible claim or even a sem­blance of a claim to the property. This ground could be something like "affection," "legal claims," "claims that have arisen," "claims that could arise in fu­ture," etc. These claims need not have strict legal backing or validity.

Family  arrangement

In order to avoid future disputes and to maintain peace and harmony if a such a situation arises, the members of a family it necessary to make a family arrangement.The terms of the arrangement or partition are concluded orally by the parties in an oral agreement. After that the parties may reduce this to a mem­orandum or execute, stamp and register a document. Both types of documents are valid.The question of stamping or registration does not arise as there is no document in case of oral arrangement.

Stamping  necessary

If any right, title or interest is created,declared, assigned or extinguished by reason of family arrangement or partition then it must be stamped and registered as per the Indian Stamp Act and the Indian Registration Act.

In each case it is to be determined it is a question of fact whether the terms have been documented by the nature of phrase­ology and the circumstances in which and the purpose with which it was written. However no stamp duty or registration is required in a document like a memorandum, evidencing a family arrangement or a partition which had already been entered into and had been prepared merely as a record, in order to avoid false notions.

The document requires stamping and registration if the transaction is a contemporous one but stamping and registration may not be required if the transaction has already taken place, and is merely recorded as a past transaction.If the family arrangement or partition is stamped but not registered, it can be examined by courts for collateral purposes.Whether the purpose is a collateral purpose, is a question of fact depending on the facts and circum­stances of each case.A right or title to the property cannot be claimed by any person under the said document which can be considered only for collateral purposes.

If the documents contains such wordings as to the family arrangement or partition that it requires stamping and registration, then a person cannot get a valid title under such a document.It will not be accepted as evidence in Court.Mere usage of the past tense will not, by itself, indicate a prior arrangement or transaction.The document has to be read as a whole. Therefore, the wordings in the document and the facts and circumstances relating to the oral transactions are critical.

Therefore in order to determine the validity of the document all the above factors have to be considered. It is preferable verify the documents in the light of the above position and take remedial measures wherever needed.

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