I live in a developer developed gated community in Mysore with 48 apartments and 50 villas in a 14 acre land. Villa owners have contributed almost 80% of the money towards the acquisition of this land, majority of which is open space which is used by everybody, including apartment owners.
The dispute is that the villa owners argue that they have already paid for the acquisition of the land and hence the maintenance fees of all common areas should be shared equally. Apartment owners are of the opinion that 'you own larger houses and larger UDS and hence you must pay higher maintenance fees'. Villa owners also say that if they are required to pay higher maintenance based on UDS and/or SBA, then they should also get higher voting rights.
What does the law say in terms of sharing common area expenses, given that our newly formed association cannot be registered under KAOA yet?