LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Extra 10 % charges on sinking fund and on repairs fund.

(Querist) 31 August 2013 This query is : Resolved 
------------------------------
Hello Sir, One of your earlier answers says, (As per the CHS approved bye-laws, "Repairs & Maintenance Fund, and contribution to "Sinking Fund" FORM part of the regular monthly maint. charges.

Hence "non-occupancy charges" component, is liable to be levied, as a routine.)
---------------------
Please note that "Routine" for any chs, is to charge 10 p.c. only on Regular maint.
-----------------------
And Sinking F. and Repairs and M fund are NOT part of regular monthly maint. These funds are generally collected yearly as a lump sum amount.It avoids unnecessary swelling of monthly amount.
-----------------------
And the concept of repairs fund or sinking fund has logically no relation to non occupancy. Tenants are not causing 10 per cent extra damage to the building and or they are also not causing extra 10 % pressure on the building to sink.
-----------------------
So it is not clear why and how can we Legally charge that 10 p.c. extra component on 1)S.F and on 2)Repair fund ?
What is the bye law number stating this rule ?
---------------------
Regards, Avinash Bhosekar.(31/08/2013)
--------------------------
ajay sethi (Expert) 31 August 2013
non occupancy charges are levied at 10%on service /maintenance charges . it does not include sinking fund/repair fund .

society cannot club sinking fund /repair fund with maintenance charges and charge 10%non occupancy charges on the same
Rajendra K Goyal (Expert) 31 August 2013
Well advised, nothing more to add.
Raj Kumar Makkad (Expert) 02 September 2013
No more to add as you have rightly been advise.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :