My question is: Does the UP Apartment Act and its model Bylaws permit that the
I live in a Condominium in Greater Noida which has about 1000 Apartments and 20 Row Houses.
Both the Owners of the Apartments and the Row Houses are members of the Apartment Owners Association.
The AOA has been managing the Common Areas and Facilities since 2018.
And the Common Expenses of the Condominium have been distributed among the Owners of both the Apartments and the Row Houses on the basis of the respective sizes of the units.
But now the AOA is moving a resolution in a Special Meeting proposing that the Common Expenses for the Row Houses should be calculated in a different manner from what had been done earlier because the Row Houses are independent houses and not multistorey buildings having apartments, and as such the Row Houses should not have to bear Common Expenses which are specific to Apartments in multistorey buildings.
My question is:
Does the UP Apartment Act and its model Bylaws permit that the AOA can have two separate calculations of the Common Expenses,
one for the Row Houses and another for the multistorey Apartments ?
In my opinion this differentiation is not lawful as per the UP Apartment Act.