Sudhir Singh 22 August 2017

Illegal amenity fund charged by society in maintenance bill

Hi All,

Please guide me on Society Bye Law to Rent my Mhada Property post 5 years.

I Resident of Malad Dindoshi Sunrise CO Op Housing society have given my property on rent; now society has asked me to pay additional 45000/- as Äminity Fund Charges" incorporated in my Maintainence bill which i pay 2350/- every month.

1) Is it legal to charge 15000/- Annualy towards Aminity Fund

2) Why only the Owners who have given the Flat on rent being charged the Aminity Fund of 15000/- and not other 180 Unit members of the society

3) Non Occupancy charges is 10% of the Maintainence Bill i.e. 2760/- Annualy? Why so high i.e 15000/-?

4) If required i will pay to MHADA the Non Occupancy charges why should i pay the society?

5) Is it legal to add the Aminity Fund charges in the Maintenence Bill?

6) Why now after 3 Years altogether i.e 45000/-

Regards

Sudhir Singh

Reply Follow

5 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 22 August 2017

You are asking us questions, which you should ask your Managing Committee. If your byelaws provide for an amenities fund, the Society can levy it from members. But they cannot selectively levy from some members and not from other members. The limit for non-occupancy charges is 10% of the service charges. You can complain to the Registrar of Co-operative Societies. But if you just write a letter and stop, nothing will happen. You have to doggedly following it up.

Sudhir Singh 23 August 2017

Thank you Dr for your reply.

To keep you posted i have already had discussion with the Chairman of the society, according to his statement "This was decided in the AGM to levy Aminity fund to the the owners who rent their flat" and have accumulated 60 lakhs accordingly in last 8 years.

I want to pursue this case through a lawyer.

Please refer if any who can help me as well as all the owners who rent their flat.

Regards

Sudhir

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 23 August 2017

The AGM is not competent to decide on the so called Amenity Fund. Their dicision is not valid. Where do you want to pursue, in a court of law? You will have to go to the Co-operative Court.

Sudhir Singh 23 August 2017

Yes, If you can refer me to any lawyer who would help me pursue further

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 24 August 2017

At first you write to the Registrar. If you receive no satisfactory result in reasonable time you hire a lawyer and go to court. Good knowlegeable lawyers are difficult to get. I have not seen one so far.