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Housing society maintenance fees

(Querist) 03 June 2017 This query is : Resolved 
Dear Experts,
I am a member of a housing society, we members have decided maintenance charges as below:
For flats with families = Rs.2000/-
For Flats with Bachelors/Students = Rs. 2800/-
these charges have been decided based on the usage of common services,the members who have rented flats to bachelors/students are now not agreeing to pay the decided charges. they say this difference is against the bylaws. I want to know if society can decide its maintenance charges or not?
how can we reply to the members who are in disagreement of this?

Please advice.

Regards,
Pankaj Patil
Rajendra K Goyal (Expert) 03 June 2017
Generally maintenance charges are fixed as per area of the flat.

Whether the rates were decided and approved in AGM and coincides the bye laws of the society, if so, such charges can be fixed.
Kishor Mehta (Expert) 03 June 2017
Sir,
In Maharashtra only property tax is levied on the basis of the area of the flat as levied by the Municipal Corporation, all other charges are divided equally among all members irrespective of the area of the flat.
Non-occupancy charges can be levied at additional 10% over the maintenance charges, excluding property tax.
Resolutions at AGM can not overrule these CHS Bye-Laws.
Good Luck,
Kishor Mehta
Pankaj Patil (Querist) 06 June 2017
Thanks a lot experts, Mr. Goyal and Mr. Mehta. Your advice is helpful for me. Thanks once again.


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