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Sayed Maqsood Ahmed   22 November 2024

charging of major repair fund in maintenance bill of a coperative housing society in maharashtra state

dear learned advocates,

our society is charging in Rs.770 every quarter in the maintenance bill towards major repair fund MRF = (Area *Construction cost(Rs.360)*0.75%4). and insurance premium of Rs.102. And SF=(Area*Construction cost(Rs.360)*0.20%)/4.

I think a major repair fund can be created only when specific work is required to be carried out urgently.

in the light of above, you are kindly requested to advise your legal views on the collection of major repair funds every quarter by our society.

Your immediate response is required in this case.

thank you in advance

best regards


Learning

 4 Replies

Sayed Maqsood Ahmed   23 November 2024

Many thanks sir for your valuable legal views 

Best regards 

T. Kalaiselvan, Advocate (Advocate)     23 November 2024

 It is legally justified for a housing society to collect maintenance and repair funds periodically, as long as the society follows the Real Estate (Regulation and Development) Act (RERA) and other relevant laws.

The builder or developer must sign a maintenance agreement with the buyer that specifies the amount and frequency of maintenance fee payments.

The society should establish a maintenance fund at a general body meeting that is at least 0.75% of the construction cost of each flat per year. The fund should be used to cover the costs of normal repairs and other expenses. 

Any demands for maintenance billing must be approved by the Annual General Meeting (AGM) or Special General Meeting (SGM). If a demand is raised without approval, it can be challenged in court. 

Sayed Maqsood Ahmed   23 November 2024

Thanks a lot sir for your legal opinion.

Kind regards 


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