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Snehal s88 (Associate)     10 November 2016

Cultural fund contribution and noc charges

Dear Sirs,

I am residing in a society in Mumbai. As per the Model Bye Laws applicable to Maharashtra CHS, I would like to know whether cultural fund (of any amount) can be made mandatory through simple majority at AGM and then imposed on all members to pay? Is this practice permissible because the society mentions that this practice is carried out in other societies? The Managing committee is of the view that although there is no specific mention of "cultural charges" under bye laws, the bye laws permit society to levy "any other charges" agreed at GBM and hence "cultural expenses/ cultural fund" is levied through this mode. Is there any cap/ guidance on this amount?

My second query is about non occupancy charges. Bye law states that non occupancy charges can be maximum of 10% of service charges of the society but society is adding 10% of the cultural fund levy as well? Is that allowed? Also, what all does service charge include?

Look forward to your response. Thank you.

 

 

 

 

 

 



Learning

 1 Replies

adv.bharat @ PUNE (Lawyer)     10 November 2016

No need to impose to compulsory to pay cultural charges to all members.

No society can't add sucn 10% on it.

Charges given  for the services used.

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