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Sayed Maqsood Ahmed   08 September 2024

inclusion of open and covered parking charges in the maintenance bills

dear learned advocates

I am a member of a cooperative housing society in Pune, maharashtra State.

in.the.upcoming AGM, the following items are included:

1. To approve external leakage cost to be shared between the society and the affected flat owners @ 60/40% sharing basis. 60% to be incurred by society 40% to be incurred by the flat owners.( Can society pay 60% of the external leakages charges ?)

8) To approve adding the open and covered parking charges in the maintenance bill
( Can society include the parking charges in the maintenance bill?)

your immediate legal views will be highly appreciated

Best regards


Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     08 September 2024

A housing society can decide to include parking charges within the maintenance bills, as long as this decision is made by the general body of the society during a meeting and is in accordance with the society's bylaws and local regulations; essentially, the residents need to approve this change through a vote.

The society's bylaws and applicable local laws govern the rules regarding parking charges and their inclusion in maintenance bills.

Parking charges included in maintenance bills should be considered reasonable and not excessively high

Under Section 84 of the MOFA Act, every member who has allotted the stilt or the parking space shall be required to pay the parking charges at such rate as may be decided by the General body of the Society at its meeting, irrespective of the fact whether he parks his motor vehicle or not.

Sayed Maqsood Ahmed   08 September 2024

Many thanks sir for your quick and valuable comments 

 

Best regards 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     08 September 2024

  1. External leakage repair cost: Probably it is not about leakage from one flat to the one below. It is for the approval of the General Meeting. If you do not agree, you can vote 'no' at the meeting. If the majority votes with you the proposal will be defeated.
  2. The Model Byelaws of Maharashtra Co-operative Societies have provision for levy of parking charges. If they do not collect it along with monthly maintenance charges, they have to collect it in some other manner. What difference does it make for you?

Dr. J C Vashista (Advocate )     09 September 2024

Reasonable parking charges may be levied by GBM.

What do you mean by the term "external leakage repair" used by you ? Whether it (leakage) is part of common area or from the top to bottom individual flat(s) ?

Sayed Maqsood Ahmed   09 September 2024

Many thanks sir

 

Kind regards 


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