Shubhra (consultant) 23 August 2014

Non occupancy charges chs mumbai

Hi,

We have a flat in a CHS based in Goregaon, - Mumbai, which we gave to a close relative for a year in 2003, as she was new in town. Therefore, we did not get the L&L agreement signed. This was duly informed to the society.

The maintenance charges at that time were Rs 500 per month and the society wanted to levy INR 400 as non occupancy charges, which was way beyond the set limit of 10% as per the CHS bylaws. (43-2-C)

We had explained the same to the society several times in writing to settle the matter, but they still want to imply the same charges as mentioned above, with due interest over the entire period. They now want to file a complaint on this with the Registrar of Societies.

Kindly let us know what should be the legally valid amount that we should pay to the society, as per the laws.

Would appreciate an earliest response.

Thank you.

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4 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 23 August 2014

10% of maintenance. They r just threatening to file complaint as it will be thrown in dusbin unless there is other ground. Close relative means who? Otherwise execute LL Agreement n subt copy to SOC.

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 23 August 2014

10% of maintenance. They r just threatening to file complaint as it will be thrown in dusbin unless there is other ground. Close relative means who? Otherwise execute LL Agreement n subt copy to SOC.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 23 August 2014

Maintenance charges are charges collected by an apartment society to meet the cost of maintaining a housing society and the funds that may be required for major repairs in future. The primary methods to calculate maintenance charges are:

(a) Per square foot – It is a fixed rate based on the super built-up area of a flat in the housing society. Here, the bigger the flat is, the higher the maintenance charge will be. It may become a bone of contention as the owner of a bigger flat may question as to why he/she should pay more for the same facilities being used by the owner of a smaller flat.

(b) Equal fee – When the size of each flat is same, equal fee is collected from every owner; which is calculated by dividing the total cost by number of units.

(c) Combined method – Combined method is when the above methods are combined. On one hand, the cost is calculated equally among all members, irrespective of the size of the flat. Then again, expenses are related to the size of the apartment and is calculated on the basis of the flat area.

Shubhra (consultant) 26 August 2014

Thank you for your response. The relative was our niece.

The case pertains to almost 10 years back, therefore we cannot create the LL agreement at this point. We had opposed back then with written communication but the society did not consider our request.

They raised the question of levying 100% maintenance charges during the AGM meeting held back then and we were the only ones with a similar case, therefore we were voted out.

Ever since they have been calculating interest on the pending amount, as per their descretion. The matter has surfaced again, as the society has now decided to clear all pending dues.

do let us know your opinion on advisable next steps, as per legal norms.