Service charges in cooperative housing society
Vinod Upadhyaya
(Querist) 24 August 2014
This query is : Resolved
We have a member who has combined two flats in our society without any amalgamation order from BMC and paying service charge as for one flat. The committee is charging other members who have combined two flats are paying for both flats.
want your help on clarification whether a member of the society without any BMC permission or builder permission is allowed by society to pay one service charge inspite of having two flats
please clarify.
Thanks in advance
Devajyoti Barman
(Expert) 25 August 2014
Service charge depends on area of flat irrespective of number of flat.
If he is paying equal charge compared to person occupying smaller flat you can lodge complaint with registrar of cooperative society.
ajay sethi
(Expert) 25 August 2014
consult service tax consultant
Rajendra K Goyal
(Expert) 25 August 2014
File complaint to society, if no action to Registrar of societies.
M V Gupta
(Expert) 25 August 2014
How are the bills raised by the Society- for one flat or two flats? As the merger is illegal the society should not recognise the merger and should raise bills for two flats. if this is not being done by the society, then u cannot find fault with the member.
Vinod Upadhyaya
(Querist) 25 August 2014
Thanks for the replies. As per byelaw no. 70 the common service charge based on common amenities and services is to be levied equally among all flats/shops.
Under this light i need help from experts as to the legal opinion on the member not paying the service charge.
Thanks in advance.
Vinod Upadhyaya
(Querist) 25 August 2014
Thanks for the replies. As per byelaw no. 70 the common service charge based on common amenities and services is to be levied equally among all flats/shops.
Under this light i need help from experts as to the legal opinion on the member not paying the service charge.
Thanks in advance.
Vinod Upadhyaya
(Querist) 25 August 2014
The service charge bill is being raised only for one flat. Where as BMC property tax is being billed on two flats as per carpet area.
V R SHROFF
(Expert) 25 August 2014
Is share certificate changed to one member?? I believe "Ans is "NO"
So if Two members/ two share certificates still exists: It reflects in continueing charges as per past practice,
There is very long procedure, and building plan cannot be changed, and it need approval of Registrar to change number of members ..
So continue charging as if no merger!!..
Even Registration not possible. So demand two registration with NOC of co-op soc + Municipal corp+ Registrar, ans seek advice of Asst Registrar!!..
malipeddi jaggarao
(Expert) 25 August 2014
When the bill is raised for one flat by the society, how can you find fault with the flat owner? You should take up the matter with the committee first for its discreminatory charging.
Vinod Upadhyaya
(Querist) 25 August 2014
Thanks again for the replies. I dont have access to the share certificate copy. The member who is in question is part of the managing committee and we have written to BMC and registrar through RTI but they have not approved or any knowledge of two flats one member. The person has mentioned he has one agreement for two flats through builder hence been paying service charge for one only.
Please hep me with the steps to folllow to get clarity before we complain.
Thanks in advance
M V Gupta
(Expert) 25 August 2014
How are u personally affected? Take up this issue in the general body and with the support of other members pass a resolution directing the committee to collect the M Charges for the past period and raise two separate bills for the two flats in future.
Hemant Agarwal
(Expert) 26 August 2014
1. One Flat = One Share Certificate
2. One Share Certificate = One Service Charges Bill
check out this link:
http://hemantagarwal21.blogspot.in/?view=sidebar#!/2013/10/service-charges-in-coop-society.html
Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: http://hemantagarwal21.blogspot.in/?view=sidebar
Vinod Upadhyaya
(Querist) 26 August 2014
Respected Experts,
Thanks for the replies again.
I have found out that there is one share certificate for both flats. There is one agreement made containing details of both flats and their areas respectively. But there are two electric meters. The BMC property tax bill show two separate flats and their respective charges. The society on its maintenance bill writes flat no.01/02. There was no decision taken in the past AGM to merge the flats.
Wanted to get clarity if action can be taken under bye law no. 170 of Model byelaws. Also please confirm if the common service charge is divided among total members or divided among total no. of flats/shops.
Please clarify.
T. Kalaiselvan, Advocate
(Expert) 30 August 2014
Agreed with the opinions and views of expert Mr. Gupta. You may raise the issue in the next AGM by taking support of like minded members of the society, if you feel affected by this irregularity.
M V Gupta
(Expert) 30 August 2014
pl see Bye law 69 of the model bye laws which prescribes the manner in which the service charges are to be shared by the members.Society is bound to levy the charges in accordance with the provisions of BL 69. Bye law 170 referred by u deals with letting out of common areas by the Society,and hence not relevant to the issue agitating ur mind.
Vinod Upadhyaya
(Querist) 30 August 2014
Thanks again experts. Please let me know if common service charge is to be levied on per member or per flat/shop/tenement. Also as per byel no. 170 common area is blocked by the same member by encroachment. please clarify. Thanks in advance.
Devajyoti Barman
(Expert) 31 August 2014
your query is resolved.do not drag this too long.
M V Gupta
(Expert) 31 August 2014
Yes. Sufficiently advised.
