Maintenance charges for commercial use in housing society
ras sharm
(Querist) 30 July 2023
This query is : Resolved
Sir in my co-operative society there are shops facing main road, these shop owners don't use lift or water. Can we take maintenance charges from them?? They refuse to pay any charges on the pretext of not using water or lift.
From last 20 years they are exempted from paying monthly maintenance.
Isaac Gabriel
(Expert) 30 July 2023
If an agreement to that effect is in vougue, you have to aabide by it. If at all the society want to collect charges you can justify showing reasons and issue notice and collect the charges.
kavksatyanarayana
(Expert) 30 July 2023
In the bylaws of the society if it is mentioned to collect the maintenance charges from shop owners also, they have to pay the same. But when there is no such clause why do they pay the maintenance charges?
T. Kalaiselvan, Advocate
(Expert) 31 July 2023
If the maintenance charges are common to even the commercial establishments as per the bylaws, then the association has to issue a legal notice to them to pay them as per bylaws.
Dr. J C Vashista
(Expert) 31 July 2023
How a housing society can grant permission to anyone for commercial purpose, if it is not there in the "sanctioned plan" ?
Consequently an agreement for commercial activity in a housing society is invalid, void and illegal, revisit law on the subject through a local prudent lawyer.
