Non occupancy charge by association which is not co-op.society
Manish Gandhi
(Querist) 10 April 2015
This query is : Resolved
Sir,
Co-Op Society is deemed owner of property allotted to members who is deemed Tanant. When property is rented its called subletting and Co-Op Society expect share from earning by subletting to non-members. It is understood.
But when property, say Flat, is outright purchased in Apartment,which is not Co-Op.Society, and maintenance done by sharing of expense, in this situation such Apartment Association charge Non Occupancy Charge when it has no right on property?
What about Non Occupancy Charges,if huge one time maintenance deposit recovered at the time of sale of Flat, deposited in bank and maintenance done from the interest earned? As in that case there is monthly maintenance is not accounted for and hence not collect from each members.
Kishor Mehta
(Expert) 12 April 2015
Sir,
Please ask for information from the Secretary whether any resolutions about the persentage of collection of non-occupation charges, in accordance with the Bye-Laws, have been passed. If so, then you had better concede to a reasonable demand.
Please note:
"SECTION 07: COMPLIANCE WITH COVENANTS BYE-LAWS AND
ADMINISTRATIVE PROVISIONS
Each apartment owner shall comply strictly with the bye-laws and with the administrative rules and regulations adopted pursuant thereto, as either of the same may be lawfully amended from time to time, and with the covenants, conditions and restrictions set forth in the declaration or in the Deed to his Apartment.
Failure to comply with any of the same shall be a ground for an action to recover sums due, for damages or injunctive relief or both maintainable by the Manager or Board of Managers on behalf of the Association of Apartment Owners or, in a proper case, by an aggrieved apartment owner."
Good Luck,
Kishor Mehta
Manish Gandhi
(Querist) 13 April 2015
Thanks for valuable guidance. But Still I doubt powers of CHS and AOA/Condominium. CHS is deemed owner of the property and work for welfare of members(deemed Tenant) & when member rent property to another it is infact called sub-let and CHS expect share from earning from property owned by CHS. Whereas in AOA/ Condominium, member is owner of own Flat and joint owner of common area/facilities and not AOA/Condominium so AOA/Condominium can manage comon area/facility and collect share of maintenance only. when such Flat is rented, it is letting and not sub-letting.
Thus CHS has vested interest(ownership) in property but AOA/Condominium have not. Can any body charge for property which is of others and not own?
T. Kalaiselvan, Advocate
(Expert) 15 April 2015
You appear as if you have understood more than what is prescribed in the law in this regard. First of all go through the bye laws of the association, understand the contents and then approach a lawyer to initiate necessary legal action if you are aggrieved over the issues.
Manish Gandhi
(Querist) 15 April 2015
T.Kalaiselvan sir,
Thanks for reply and guidance. I accept that I am not so much clever in this field so I requested learned experts to guide in the matter. However, as per my understanding Law and Logic always support each other (except rare case). So, in case bye-laws framed which are not logical, can the same be challenged in the court of law?
Manish Gandhi
(Querist) 15 April 2015
In continuation of the above, I add more information that at the time of purchase huge amount collected as One Time Maintenance Deposit which is deposited in Bank as Fixed Deposit. From the earning of interest maintenance is being carried out and no monthly maintenance charge bill is raised/collected. So, in other words ours is maintenance free society. In such case 10% of maintenance charge can be collected in terms of Monte Blank case held by the Apex Court in 2001?
Hemant Agarwal
(Expert) 15 April 2015
For : Manish Gandhi
1. You are confusing "Rent of Flat", with "maintenance /service charges of Society".
2. A registered Society, by law (Govt. GR) is entitled to collected 10% extra of the maintenance /service charges of Society. This 10% NOC, is in no way calculated on the Rent of the Flat.
3. There is no Govt GR, for "Non Occupancy Charges", for AOA/ Condominium. Hence any Non Occupancy charges by AOA/ Condominium, has to be done in line with the bye-laws of the AOA/ Condominium. IF NOC is not defined /mentioned in the AOA/ Condominium, THEN the AOA/ Condominium, is not entitled collect NOC from tenants of its members.
4. A Flat-Owner may simply resign from the membership of AOA/ Condominium /Society and lawfully refuse to follow the bye-laws, since the bye-laws are binding "only & only" on its registered members.
Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: http://hemantagarwal21.blogspot.in/?view=sidebar
Manish Gandhi
(Querist) 16 April 2015
Thanks, learned Experts.
Regards.
-M.K.Gandhi
T. Kalaiselvan, Advocate
(Expert) 16 April 2015
Hope you understood the legal position and your understanding the issue on hearsay basis.
