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Maintenance charges under gh society

(Querist) 28 July 2014 This query is : Resolved 
My Group Housing society is registered under UP Societies Act 1861. However members/owners has passed a resolution which entitles society to charge 2500 towards processing fees, Rs 5000 non refundable sinking fund and Rs 5000 towards refundable security deposit every time a new tenent moves in the flat. The tenent is also paying a monthly maintenance charges of the society as paid by other residents/owner.
I wanted to know the legality of sinking fund charged to tenent under the society act or UP Apartment act 2010. also what is the remediy for such unlawful charges charged by society
Devajyoti Barman (Expert) 28 July 2014
Check whether the bye-laws of the society allows collection of such fund.
Aneesh Kumar Garg (Querist) 28 July 2014
As per Non owners procedure in the Resident Hand Book, it says only about the Processing fees and Refundable security deposit decided by RWA. However in the annexure to above procedure, Entry Form to be obtained by tenent before the entry in the society mentions about payment of 5000/- as security deposit, 2500 as Processing Fees and Non Refundable Sinking fund of 5000/-.
Rajendra K Goyal (Expert) 28 July 2014
Refer the bye laws and other local acts.
Dr J C Vashista (Expert) 29 July 2014
@ Aneesh,
Is the society registered under UP Societies Act,1861 or Societies Act, 1861 or UP Cooperative Societies Act or UP Apartments Act 2010?
Consult local lawyer.
Aneesh Kumar Garg (Querist) 29 July 2014
It is UP Societies Act 1861. I will consult a lawyer if i get the advice that such charges are illegal. I am an honest tax payer and will definately pay this amount as well if it is legally correct. My only intention at this point of time is to get correct advice and i thought lawyersclub is best forum to get the same.
T. Kalaiselvan, Advocate (Expert) 31 July 2014
The bye-laws of the society has answer to your query, please read it fully and then consult a local lawyer about further steps.


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