Society maintenance
KETAN J SHAH
(Querist) 03 October 2014
This query is : Resolved
Respected Sirs,
I M a landlord of a building in Mumbai. In 2007 after additional construction of 3 floors I sold the new flats on ownership basis and some old tenants also opted to purchase their premises and converted to ownership. However some 17 tenaments remain with me of which I M the landlord and I m paying the maintenance charges on behalf of these 17 tenants to the society. The MC charges include 10% Non-occupancy charges since the flats I M holding are given to tenants on rent before the construction of additional floors.
I M the chairman of the society. Today I received a letter from the other members saying that I should pay 10% to the society from the Rent I m receiving from the tenants apart from that 10% NON OCCUPANCY chgs.
I M already paying 10% NOC chgs on every outgoing that is, Salary, Electric chgs, Repairs, where as I M suppose to pay this NOC chgs only on service chgs.
Please advice wether the demand raised by the members is legal or illegal.
Thanking you in advance
Kishor Mehta
(Expert) 03 October 2014
Sir,
[1] The terms, conditions & covenants of the documents executed with other members at the time of the conversion to CHS will play an important part.
[2] Under CHS Bye-Laws you are liable to pay 10% non-occupancy charges for your 17 flats in possession of tenants. You need not pay any other charge as demanded by other members of the society.
Good Luck,
Kishor Mehta
ajay sethi
(Expert) 03 October 2014
since you are paying maintenance charges of the 17 flats and also 10%non occupancy charges you are not liable to pay 10%of amount received by you as rent from tenants
Rajendra K Goyal
(Expert) 03 October 2014
You are not liable to pay as demanded by other members.
Dr J C Vashista
(Expert) 04 October 2014
Pay the maintenance as per Bye-laws of the society and do not pay 10% extra, as demanded.
Being President of the society you are supposed to know all these things, it is not a legal query.
T. Kalaiselvan, Advocate
(Expert) 08 October 2014
You can refuse to pay the additional charges demanded by the society, let them make it in writing, you may reply through a lawyer.
