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Can society charge building repair from new owner?

(Querist) 12 May 2016 This query is : Resolved 
Looking for advice from housing society consultant in Pune
1. Whether society can collect Building Repair Fund from new member for Rs.50000/- in addition to Transfer Fees/Premium of Rs.25000/-.

2. Whether Service Tax is applicable w.e.f 1.7.2012 to Coop. Hsg Society on Monthly Maintenance Charges.

3. Society hold AGM after 14th of Aug due to non avoidable circumstance. Informed to Dy. Registrar on 17 th Aug. for condoning delay. But prior approval Society holds meeting. If, Dy. registrar not granting approval , what will happen?
Sudhir Kumar, Advocate (Expert) 12 May 2016
what society constitution says.
Rajendra K Goyal (Expert) 12 May 2016
Refer the bye laws the society.

for service tax visit the news item:

http://timesofindia.indiatimes.com/city/mumbai/Mumbai-housing-societies-spared-service-tax/articleshow/45876822.cms
Hemant Agarwal (Expert) 15 August 2016
1. It would be illegal to collect any "further" amount in any guise or form, from new incoming members.

2. Service Tax is applicable to Society's IF individuals monthly services charges exceed 5000/-, subject to society's aggregate limit of overall 10,00,000/- per annum, for one time first time basis.

3. Holding of AGM from 2013 is extended upto 30th September. No further extension is applicable. Failure to hold AGM on or before 30th September attracts 5000/- as penalty as well as disqualification from being a committee member for Five years.

Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com


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