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Venkatesh S (J S)     16 March 2011

Non Occupancy Charges under Haryana Apartment Ownership Act

The management of my Condominium Asscoiation (governed by Haryana Apartment Ownership Act 1983 & 1987 (amendment)) is levying non-occupancy charges @10% of the total maintenance charges payable on apartments that are rented out - i.e.not occupeid by the owner or his immediate family members. This provision was passed unanimously in a duly constitued General Body Meeting of the Association.

I would like enlightened contributors to clarify as to whether:

(a) Is there any specific provision in the Haryana Apartment Ownership Act (1983 & 1987 (amendment) that could be invoked to prohibit and / or declare null and void the resolution of this duly cosntituted General Body Meeting?

(b) Was there a specific provision in the Maharastra Co-operative Societies Act that permitted housing societies in Maharashtra to levy Non Occupancy Charges - that is totally absent in letter and spirit in the Haryana Apartment Ownership Act (1983 & 1987 (amendment))?

Thanking readers and contributors in advance,

VS



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