The management of my condominium asscoaition (governed by Haryana Apartment Ownership Act) is levying non-occupancy charges @10% of the total maintenance charges payable on apartments that are rented. In defence, it is taking shelter under a supreme court order passed specifically in a case pertaining to Maharastra Co-operative Societies Act. Pls. clarify -
1. Has the Haryana govt. ever issued a notification for levying non-occupancy charges on rented apartments? This is important as there is no mention of any such charge in the Harayana Apartment Ownership Act, 1983 & 1987 (amendment).
2. Can a supreme court judgement adjudicating on a specific state law applicable to Co-op Housing Societies be taken as a permission to levy a charge for which there is no provision in the state of Haryana?
3. If the above move by the management is illegal and many feel it is discriminatory (principles of equality of all members), what action would you suggest to be taken, in case the management refuses to listen?
