Payal Gupta (Housewife) 13 December 2014

Non occupancy charges bangalore

The Society of our Apartment complex in Bangalore is proposing a 10% increase in maintenance charges for tenant occupied apartments of the complex, a move that is strongly opposed by the non-resident owners. The society is already charging moving in and moving out charge for tenants and is just a 100% residential complex, where NONE of the apartments have been rented out to any small business or parlours/spa etc. so the society's argument that rented out apartments increase the utility expenses is not valid. Can the society still go ahead the charge this extra 10%? is it legal in Karnataka? whats the point behind this as there is no way the tenants are using up more of the amenities than the resident owners?

Please help

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4 Replies

Hardeep (Business) 13 December 2014

Many Society by laws ask for a 10 % non occupancy surcharge. Your recourse is to challenge the AOA itself but will be a long haul and only if the majority also wish it,

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 13 December 2014

the Karnataka Apartment Ownership Act is the correct law.There are always common issues to be coordinated with the builder regarding teething troubles, maintenance, handover and several such issues. Is your association is registered or not ? If so discuss with the registrar of societies and submit your grievance there.

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Payal Gupta (Housewife) 13 December 2014

Dear Sir,

The society is registered and is managed by the resident's association. close to 20 owners still live there and is part of the owners association(society) and this idea is being floated by them. Majority of the owners do not live there and have opposed this in emails, but their plan is to have an AGM done and get the proposal passed, as non resident owners do not live in Bangalore and would not attend AGM. I would like to know whether this 10% maintenance charge is applicable in Karnataka as well or is it valid only for state of Maharashtra?

Thanks in advance,