Maint & non occupancy charges
sandeep nair
(Querist) 06 April 2014
This query is : Resolved
I have given my flat on rent in mira road thane dist.Maharashtra.The total maint including parking and sinking fund came to around Rs.1000 excluding muncipal property tax (Each member receives a bill directly from the muncipal authority)before the increase and non occupancy charges were at Rs.100 p.m.The society has decided in the special AGM to increase maint charges w.r.t the area of each flat previously Rs.1.20 to Rs 2.00 psqft and non occupancy charges to Rs.300 p.m.As per my knowledge the noc should not be more than 10% of the total maint.
My question is can the society charge maint as per area of the flat for common amenities?second,how can I challenge the noc charges?
Please guide.
ajay sethi
(Expert) 06 April 2014
non occupancy charges cannnot be more than 10%of maintenance charges . if you are aggrieved by decision of AGM complain to deputy registrar Cooperative societies .
for common amenities maintenance charges are equal for all flats .it is property taxes will depend upon area of flat . similarly water charges depend upon number of inlets in flat .
T. Kalaiselvan, Advocate
(Expert) 08 April 2014
I agree with the views expressed by expert Mr. Sethi, nothing more to add.
V R SHROFF
(Expert) 08 April 2014
I agree with the views expressed by expert Mr. Sethi,
However , I add that
On complain to deputy registrar Cooperative societies :
His First Duty is , whether your LL Agr is stamp duty paid and Registered:
As being Govt Authority, he cannot allow you to cheat Govt by saving and not paying Govt Revenue.. .
Unless you paid it, your complaint will not be entertained::
If u r earning out of it, it will attract Income Tax.
Whether your tenant paid fees to become Associate member??
Whether you obtain previous written permission, after interview of your Licencee, duly approved by Mg Committee meeting held only once in a month!!! Till then u cannot allow LL to reside in your Flat.. NOC/ POLICE clearance is compulsory, before you allow residence accommodation.
Asking Legal help need you to follow all Legal procedure, that mat be costlier.
And if you contribute a little out of your income ,to Society, it goes in common fund. Soc render services to you and your LL & co-operate to allow you to chg LL immediately w/o waiting for Legal formality.
So Weigh your Advantages Vs. Disadvantages and then take action.
Hemant Agarwal
(Expert) 29 August 2014
read following link for Non Occupancy Charges in society.
http://hemantagareadwal21.blogspot.in/?view=sidebar#!/2013/10/non-occupancy-charges-in-society.html
Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: http://hemantagarwal21.blogspot.in/?view=sidebar
