High maintenance charge from tenants
Mangesh
(Querist) 02 May 2016
This query is : Resolved
Dear Sir’s,
I stay on rent in a Co-Operative housing society @ Pune. This Society was build long back like 15 years before with no allocated parking place for 4 wheelers.
I am staying in this society since December 2011, previously I used to stay in D-8 and now in D-10. The Society is same but I have just shifted the flat. Being a tenant I pay maintenance of Rs.700 and others do Rs.450 only.
Society has made a rule that any tenant who has rented the property after July 2014 will not be allowed to park their car in the society premises.
So I have two questions on this:
1) Is there any law which says that tenants should pay more maintenance then owners?
2) Do I fit in to the self-made law of the society that I won’t be allowed to park my car in the premises, as I have shifted the flat after July 2014 though it is with in the society.
Please guide me on this and help me to sort out this issue.
Adv. Yogen Kakade
(Expert) 03 May 2016
1. there is no law mentioning about how much should be the maintenance charges to be charged by the society.
2. the society authorities should not restrain you from parking your vehicle in the parking lot if the parking is available.
Discuss these issues with the flat owner and let him speak to the society.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888 / 09225510883
Rajendra K Goyal
(Expert) 03 May 2016
Maintenance is to be fixed by the society.
If space is not available in the premises it may resort to such guidelines if properly approved by AGM.
Dr J C Vashista
(Expert) 07 May 2016
The maintenance amount is fixed by General Body of the Society, which differ from society to society, station to station and state to state; however, there is no embargo or limitation for the amount. But the same is the liability of member (if there is no such agreement with the occupant/tenant).
Space for car parking is as per rule of society but it shall be uniform.
